In dealing with difficult sellers, it is important for buyers to assert that they are only responsible for notional damage under Section 56 (2) of the Goods Act, as they may encourage the seller not to contest the purchaser`s withdrawal from the contract. The seller must prove this “loss” and do so by demonstrating the loss of non-recoverable forfeiture resulting from the unlawful breach of the buyer`s contract (cf. Kargotich/Mustica  WAR 167 and W-J Investments Ltd/Bunting  NSWLR 331 for the damages assessment method). You have the right to terminate a contract to purchase a car from a car dealership: Section 158 contains injunctions that a court may take in a non-compliance proceeding with the ACL-FTA in order to compensate for losses or damages incurred. These include orders to pay money to the buyer or nullity or contract or guarantee (for example. B of a financing contract). Section 159 allows purchasers to sue in court or vCAT for loss caused by an ACL-FTA violation. Section 160 gives a court the power to award compensation for humiliations or emergencies suffered by conduct that constitutes a criminal offence under the ACL-FTA. Findlaw indicates that you may have a so-called contract cancellation option. This supplement to a sales contract may be available at an additional price for the buyer, but if it`s something you might need like you, then it`s worth asking yourself the question. The car dealership is still not required to offer such an endorsement to sales contracts, unless some states require it. www.theconsumerlawgroup.com/faqs/cancelling-a-new-car-purchase-agreement-with-a-dealership.cfm It can be difficult to get a copy of the communication.
While you can be sure there was a lag, the car dealership may have “lost” the message. The car dealership is fined 50 pu either for failing to withhold the notification for at least seven years, or for receiving a copy of the notification to the purchaser as soon as possible after the sale (s 83A, 83C; regs 29, 30). Other useful provisions are sections 39 and 40 of the Consumer Credit (Victoria) Act 1995 (Vic). These provide that a financing contract and any mortgage relating to that contract are not applicable if the annual percentage of the contract exceeds 48 per cent.