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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 ordered a Winnebago from Apollo Caravans Brisbane on the

Customer Question

I ordered a Winnebago from Apollo Caravans Brisbane on the 14th July. We were told 8-10 weeks for delivery. Subsequently we had confirmation via email of a delivery date of 30th September.
We visited the factory , at our instigation to check on progress, last Thursday the 15th September and to our horror our Motorhome hadn't even been started. The salesman then said it takes 20 days to build! He said we can loan you a rental Motorhome and you can pick yours up when it's ready. We said that's no good because we are leaving Queensland for good and won't be returning. We advised them in early August that we had sold our house and had nowhere to live after the 1st October.
The Motorhome we have ordered is a best seller and they have orders out to February so we don't believe they would be stuck with it once completed.
We have offered 2 options to them - sell us an already completed Motorhome in a different style so we can take delivery on the date originally promised or refund our $10k and cancel our order.
The contract is vague with conditions all on their side. There is no delivery date on the contract but as I said earlier I have an email dated 11th August confirming delivery on 30th September.
Can you advise if we can get our deposit back. They have stopped returning our calls.
Thanks Joanne Sharpe
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 but a guide to assist you.

You have to rely on the contract and it being vague you can rely on conversations

What state are you in?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Will you be providing a more fulsome answer? Thanks Joanne
Customer: replied 1 year ago.
Leon - will you provide additional information please as I am not satisfied with your original comment. Thanks Joanne
Expert:  Leon replied 1 year ago.

Good Afternoon

You can argue that the contract is unfair under the unfair contracts act if it is silent on when it will completed.

They have failed to comply with the agreement and you have a right to seek your money back.

You first need to send them a letter advising that as they have not commenced the construction and the delivery date has not been met you are terminating the contract and want your money back.

You also tell them you withdraw any consent for them to commence the constriction.

If they fail to respond then you go to QCAT.