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I purchased a Caravan today at a trade show.The contract for…

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I purchased a Caravan...

I purchased a Caravan today at a trade show.The contract for the purchase specifically said it was irrevocable and the deposit non refundable. There was no mention that there was a cooling off period either verbally or on the contract. Is there a mandatory cooling off period and if so how many days do I have. Do these days include weekends.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Victoria

Lawyer's Assistant: Has anything been filed or reported?

No

Submitted: 10 months ago.Category: Australia Law
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Answered in 7 minutes by:
10/6/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,524
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly. Kind regards ***** *****

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, in relation to your important matter, where the contract is only one-sided it may be argued that the contract has unfair contract terms, which may make part of the provisions of the contract void, which may make the contract void and the deposit able to be returned. Unfair contract terms are complex matters and do require review of the contract that was signed.

Cooling-off periods apply to cars and motorbikes bought from licensed motor car traders, which is three clear business day. Caravans do not come with a cooling of period. Therefore top seek away out of a contract, unfair contract terms need to be identified.

Where there are unfair contract terms, the Australian Consumer Law will come to your aid to assist in the dispute.

The Australian Consumer Law, Schedule 2, section 25 provides a guide as to what is an unfair term in a consumer contract.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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