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Cooling off

Recent amendments to the Second-hand Vehicle Dealers Act include the introduction of a two day cooling off period for the purchase of second-hand vehicles. The two day cooling off period only applies to second-hand vehicles purchased through a second-hand vehicle dealer. There is no cooling off period if you buy at auction or through a private sale.

A dealer may ask that a deposit of up to 10% of the purchase price of the vehicle be paid. Then if you decide to cool off and not go through with the purchase, the dealer is entitled to keep the non-refundable part of your deposit (which is $100 or 2%, whichever is less). The balance must be returned to you by the end of the next business day after the dealer receives your notice to cool off.

If the dealer fails to refund the balance of your deposit in time, they have contravened the Act. In these situations, an expiation fee of $500 or a maximum penalty of $5000 may apply. Please contact the Office of Consumer and Business Affairs on 8204 9777 for advice if this occurs.


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