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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38308
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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hello, can a car dealership withhold your deposit when there

Resolved Question:

hello, can a car dealership withhold your deposit when there is a 30 day cooling off period?

Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Eveing

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

Can you please give me some more details?

Was it a new car or a used car?

What does the contract you signed say about the cooling off?

Customer: replied 1 year ago.


Hello,


 


It is a brand new car and I do not hold all paperwork. I have been unable to obtain much information other than 2 copies of a contract for purchase and have been advised many times that I can pick them up at on day of settlement 21/06/2013, which was verbally advised but is not in contract of purchase I possess.


 

Expert:  Leon replied 1 year ago.
Good Evening

I am sorry to be a bearer of bad news, but when you purchase a new car there is no cooling off period and by signing the contract and paying the deposit you are bound to proceed.

Here is the link from Fair Trading to confirm this.

http://www.fairtrading.qld.gov.au/buy-new-car.htm

Usually the contract says if you change your mind, you have to pay a restock fee and it is usually set at 15% of the price of the car.

You really need to read the contract. The dealer should have given you a copy of what you signed.

Is there anything else I can assist you with?
Customer: replied 1 year ago.

Thank you for the answer. good service.


In the contracts I hold it is 10% of purchase price and which contract is valid?


I know I sound like a broken record,


Where do I stand with the misrepresentation of the car yard? As they did advise 30 cooing off period and the initial car sought had different specifications than the one I have signed. I know it might be my stupidity, however is there not recourse for this?

Expert:  Leon replied 1 year ago.
Good Evening

What ever it says is what you have agreed to. So if it says 10% then it is 10%.

Did they put that in the contract? Do you have anything in writing about the 30 day cooling off?
Customer: replied 1 year ago.

Good service.


Thank you for your time and I am sorry to.
no not in the contracts I hold. However there was another I have signed and is with them.


"terms and conditions and covenants attached to this document for part of the agreement" is stated on what I have.


That is what is stated.


I have been told many things, and have been given no answers and now no replies to my calling.

Expert:  Leon replied 1 year ago.
Good Evening

The terms and conditions are the contract.

If it is not contained in the agreement you signed, even handwritten, then you do not have a cooling off.

You can take them to QCAT for false and misleading conduct, but it will be your word against theirs. If the tribunal cannot decide who to accept they will rely on the agreement that was signed.

I am sorry I cannot give you anything more positive.

You can tell them that you will report them to the Department of Fair trading for investigation and seek legal advise to sue them for Misleading and Deceptive conduct and see what they do.

Is there anything else I can assist you with?
Customer: replied 1 year ago.


excellent service


I know I have at least an avenue.


Thank you so much for your time and have a good night, take care.

Expert:  Leon replied 1 year ago.
Good Evening

I am happy to have assisted.

If I can assist again in the future please do not hesitate to contact me.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38308
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and 2 other Australia Law Specialists are ready to help you

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