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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We signed a contract for caravan on 9th Sept at Caravan

Customer Question

We signed a contract for caravan on 9th Sept at Caravan Show, with pressure of show prices, we did sign, but left with many questions. I emailed them on 12th regarding our concerns and said we would be at dealership on 22nd to speak to someone. We arrived on day and noone was expecting us, email we sent with photos of our trade in had not been printed out, going through options and accessories we were asked if we knew price of few changes, we were told these were all in contract. We wanted our original van in larger version. This is stated in contract. We were also told they were two weeks behind in last years sales, so delivery was not guaranteed as were were told. There is no cooking off period on contract, but dealer has not signed contract, were to we stand on rescinding contract as we have a very uneasy feeling about the whole deal
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: NSW
JA: Has anything been filed or reported?
Customer: No, I want to contact them tomorrow and hope to cancel contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: No, I thinks thats all
Submitted: 2 months ago.
Category: Australia Law
Expert:  Leon replied 2 months ago.

Good Evening.

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Do you have a copy of the Contract?

It appears they have not complied and are in breach. There should be a section headed default and you need to see what that says. This is what you can rely on.

Them not signing does not mean you do not have a contract. Because you paid a deposit and they have started there is a contract but they may not have complied and you can use this to cancel it or seek compensation.

There does not have to be a cooling off period in these contracts. The same applies when buying a new car there is no cooling off period.

You have to look at the terms in the contract and see under what circumstances you can terminate.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 2 months ago.
There is no terms for termination, the only time is says we lose our money is if we don't take possession of the van, but we haven't even seen a layout of the van yet. They didn't have one on display at the show, we went down to specifically see one, we got no help and we have not yet seen a drawing of the van, which was supposed to be emails through last Friday.
Expert:  Leon replied 2 months ago.

Good Morning,

Can you email me the contract so I can have a look at it

the email address is***@******.***