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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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Queensland : No : I have just been to a caravan show in

Customer Question

Hi Pearl,
JA: Because laws vary from state to state, could you tell me what state is this in?
Customer: Queensland
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I have just been to a caravan show in Brisbane and signed a contract on a caravan oder. We then came home and absolutely felt sick that we had done it. we signed at 3.12pm. We then got home and realised we cannot afford it and emailed the salesman that we wish to cancel the contract due to finanical reasons. It was 4-5 hours after we had signed….and I sent the email. The order had not been placed with the dealer. I have since been told that the Dealer is not going to refund our deposit. The staff said it was the Managers discretion, and was unaware if there is any cooling off period in Queensland. can we pursue a refund? The van is not supposed to be collected till Feb?March 2017. I was going to contact consumer rights to see if we have a chance to recover our money at all.
JA: What state is this in? And just to clarify, when was the purchase made?
Customer: Queensland. Yesterday at 3.12pm
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Australia Law
Expert:  Patrick H. replied 5 months ago.

Hello and thank you for your question.

Your situation is a little uncertain as the law on cooling off periods provides that a consumer transaction such as the one you describe will only be subject to a cooling off period of it is an unsolicited sale, which typically means you were approached at home or in a shopping centre and then pressed to sign a contract, but won't apply at the vendor's usual place of business. If you were at a caravan show, then a lot will turn on the exact way in which you came to make the sale. The following legal aid link explains:

http://www.legalaid.qld.gov.au/Find-legal-information/Work-and-money/Consumer-rights/Buying-goods-and-services#toc-what-is-an-unsolicited-consumer-agreement-

Noting that your situation is debatable, if they will let you out for just the loss of your deposit that may not be a bad outcome as the alternative might be that they don't let you out at all and then sue you for completion (i.e. to force you to complete the purchase).

If you decide you do want to pursue your full deposit you can initiate proceedings in the Queensland Civil and Administrative Tribunal, and can read about the process here:

http://www.qcat.qld.gov.au/

I trust the above assists.

Good luck and please rate my answer.

Patrick

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