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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I signed a contract to purchase a new car today but they did

Customer Question

I signed a contract to purchase a new car today but they did not have the colour I preferred and settled for a lesser colour. I now wish to change the colour as stated in contract. no paper work on the nominated colour car has yet been completed. can I legally ask for a change of colour, bearing in mind no paper work has yet been done on the vehicle in question? Don
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

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 Please understand this is not legal advise but a guide to assist you.

When you say no paperwork has been done what do you mean?

You initially say you singed.

Customer: replied 1 year ago.
nothing has been done by the dealer yet to register the vehicle in my name. all that has been done is sign the contract
Expert:  Leon replied 1 year ago.

This is a problem. The contract is what binds you.

If you have a copy have a look at any clause that refers to termination.

Usually it says you have to pay a fee.

You cannot cancel as there is no cooling off on new cars.

Customer: replied 1 year ago.
after all, they did not have the desired colour in stock and would have to order it in about 1 weeks delivery
Expert:  Leon replied 1 year ago.

I understand what you are saying but by signing the contract you are binding yourself.

Call them this morning and tell them you have changed your mind. Only if they agree to allow you to terminate can this be done. otherwise you are bound to proceed, If t is subject to finance and your finance is not approved then you can terminate. Otherwise it is going to be impossible unless they agree