How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Daniel Your Own Question
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5613
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year 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

Please click accept / rate my service. I am able to answer further questions after doing so also at no further cost.