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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4855
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I signed a new car contract on 07/05/16. Estimated delivery

Customer Question

Hi there. I signed a new car contract on 07/05/16. Estimated delivery date on contract was shown as 27/05/16.
Dealer rang today to advise the exact vehicle (specifically the colour I chose) can't be sourced until September '16. Can I cancel this contract due to the unreasonably long wait period. I was initially told it would be 2 weeks.
Thank you
Submitted: 4 months ago.
Category: Australia Law
Expert:  Daniel replied 4 months ago.

The contract is frustrated, this is a legal term meaning it does not necessarily void the contract, but it is extremely unreasonable, as the delay is significant.
Accordingly, it would however be enough to terminate the contract, 2 weeks, it will be almost 3 months till you get the vehicle, so in that, it is more than reasonable for the contract to be terminated, or to organise some other arrangement between the parties.

Here is the legal definition of frustration:

Send them an email,

As the agreement was delivery of the vehicle in two weeks, the extended time frame to September is extremely unreasonable.
Accordingly, I hereby give notice to terminate the contract.

Any issues, contact consumer affairs

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