South Australian Current Acts

SECOND-HAND VEHICLE DEALERS ACT 1995 - SECT 18C

18C—Legal title to vehicle remains with dealer during cooling-off period

Subject to an agreement in the approved form between a dealer and a purchaser under a contract for the sale of a second-hand vehicle to which section 18B applies, the following provisions apply in respect of the contract:

            (a)         legal title to the vehicle does not pass from the dealer to the purchaser until the expiration of the cooling-off period in relation to the contract;

            (b)         the dealer is entitled to retain possession of the vehicle during the cooling-off period;

            (c)         the dealer must allow the purchaser, or a person nominated by the purchaser, reasonable access to the vehicle during the cooling-off period for the purpose of test driving or inspecting the vehicle;

            (d)         neither the dealer nor the purchaser, nor a person acting on behalf of the dealer or the purchaser, may drive the vehicle more than 100 kilometres during the cooling-off period;

            (e)         the dealer must ensure during the cooling-off period that the vehicle—

                  (i)         is roadworthy; and

                  (ii)         is insured against loss or damage; and

                  (iii)         is registered, or bears trade plates, and is insured in accordance with the requirements of the Motor Vehicles Act 1959 .