Agreement voidable if section 37, 38, 41 or 42 breached
88B Agreement voidable if section 37, 38, 41 or 42 breached
A person may withdraw from an agreement with a motor car trader to buy or sell a motor car if—
the agreement does not comply with section 37, 41 or 42 or if the motor car trader has committed an offence under section 38 in relation to the car; and
the car is still in the possession of the person or the motor car trader.
A person may only do this within 3 months of the date the agreement was signed.
To withdraw from the agreement, the person must give the motor car trader (or an employee or agent of the motor car trader) a written notice stating that the person is exercising the right conferred on her, him or it by this section and describing briefly the reason for the withdrawal.
If a person withdraws from an agreement under this section, the parties to the agreement must do everything that is practicable to restore themselves to the position they were in before entering into the agreement.
In particular, the motor car trader must refund any money paid to her, him or it under the agreement by the other party to the agreement.
- 50 penalty units.
This section only applies to agreements entered into after the date section 41 of the Motor Car Traders (Amendment) Act 1996 came into operation.
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