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The Bar For non Automotive Related Chat |
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#1 | ||
FF.Com.Au Hardcore
Join Date: Feb 2006
Location: perth wa
Posts: 544
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can anyone advise me if there is a cooling off period for signing to buy a car from a dealer as a mate signed to buy a car that is well over priced and is subject to finance it was a spur of the moment thing this happened this arvo
and if there is how long is this period ![]() thank Steve |
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#2 | ||
Get EcoBoosted
Join Date: Jan 2007
Location: NSW: Newcastle, Sydney & Wollongong
Posts: 1,876
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Found this and didn't see anything - www.commerce.wa.gov.au/ConsumerProtection/PDF/Publications/Buying_a_car_May_2010.pdf
I don't know if there are laws for cooling off periods and if so are they company, state or federally set. Your friends best bet is to ring or visit the dealership (tomorrow, as in NSW the period appears to be 1 working day, http://www.fairtrading.nsw.gov.au/Co...buy_a_car.html) and ask them... Last edited by fou_bleu; 14-10-2011 at 12:45 AM. |
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#3 | ||
FF.Com.Au Hardcore
Join Date: Feb 2006
Location: perth wa
Posts: 544
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thanks 4RD4TW that link said it all cheer's for that
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#4 | ||
Regular Member
Join Date: Mar 2007
Location: Brisbane
Posts: 169
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am pretty sure for a private purchase from a car dealership the cooling of period is 24 hours..... dont quote me thou. He should have recieved some paperwork. Check that (I know I know it is tedious, but his rights should always be listed in the paperwork somewhere)
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Current ride Bf xr6 turbo sedan, 6 SP auto, Leather/suede interior |
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#5 | ||
FF.Com.Au Hardcore
Join Date: Oct 2010
Location: W.A.
Posts: 1,713
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From what I recall, you're buggered in WA. I seem to remember the words "There is no cooling off period" in big letters when I signed up for a car last year.
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His: 2019 Ford Focus SA Trend with Driver Assist Pack: 1.5 Ecoboost 3-cylinder (yes, 3 cylinders!), 8-speed automatic in Ruby Red. ![]() Hers: 2020 Ford Puma JK: 1.0 Ecoboost 3-cylinder, 7-speed DCT in Frozen White. |
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#6 | ||
Half an aussie garage!!
Join Date: Nov 2008
Location: Perth
Posts: 351
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On new cars there is no cooling off period. 2nd hand dealership you will get 24 hrs (WA).
Not many dealers are going to press you into the contract though, they WILL try and `bully` you. |
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#7 | ||||
Captain Malcolm Reynolds
Join Date: Mar 2007
Location: Adelaide
Posts: 3,830
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I thought there was a new law, 2 clear business days including Saturdays to cool off. Need to pull out in writing though, unless you've signed the "no cool off waiver".
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Currently: 2014 Mazda6 GT (Daily) and 1999 Mazda MX5 (Fun Car) Previously: 2001 Ford Escape XLT; 2010 MC Mondeo; 1984 FD LTD; 2001 AU2 Falcon Forte; 2005 LS Focus Zetec; 1988 RE Colt; 1982 RB Colt; 1974 KE20 Corolla Quote:
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#8 | ||
Join Date: Dec 2004
Posts: 9,292
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"Subject to finance"...............
Cancel the finance. |
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#9 | |||
FF.Com.Au Hardcore
Join Date: May 2006
Location: Sydney
Posts: 1,868
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#10 | |||
Join Date: Dec 2004
Posts: 9,292
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#11 | |||
FF.Com.Au Hardcore
Join Date: May 2006
Location: Sydney
Posts: 1,868
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Quote:
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#12 | |||
Starter Motor
Join Date: Sep 2011
Posts: 5
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#13 | ||
FF.Com.Au Hardcore
Join Date: May 2005
Location: In my shed
Posts: 5,066
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Unless it is stated in the contract "subject to finance arranged by purchaser" or words to that effect, the dealer is entitled to obtain finance from whoever he chooses.
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#14 | |||
LIFELONG DJR SUPPORTER
Join Date: Apr 2005
Location: CENTRAL QUEENSLAND
Posts: 5,324
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Quote:
Unless you sign said finance contract, it does not matter where said dealer arranges anything. Otherwise, get them to set me up a deal on a new Aston Martin and I will happily take it and never pay.
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#15 | ||
FF.Com.Au Hardcore
Join Date: May 2005
Location: In my shed
Posts: 5,066
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I'm not saying that he is forced to accept & sign for said finance arranged by dealer.
If he does decline dealer sourced finance then i am sure the dealer is entitled to retain a % of the deposit. |
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#16 | ||
Banned
Join Date: Mar 2009
Posts: 688
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The yard cannot force the OP's mate to take the car and complete the deal. They are legally entitled to keep his deposit and/or hit him up for a percentage of the purchase price of the car as damages.
If the purchaser doesnt stipulate that the finance is to be organised by them only the dealer can legally arrange the finance through any channel they want. If they can only secure you finance at 25% they can still do it and the contract is deamed to be withheld. If you refuse to accept the finance and not sign the paperwork it is the same result as you telling them you just changed your mind. Deposit and percentage of the price of the car as compensation. The only way "subject to finance" will get you out of a contract is if a dealer cannot secure you finance anywhere or anyhow. This doesnt happen very often. To be covered you either have to put down "subject to purchaser arranged finance" which most dealers wont accept or put stipulations in e.g interest rate to be below...% , weekly payments no more then $........... but they have to be realistic figures as well. |
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