Victorian Numbered Regulations Victorian Numbered RegulationsSchedule 3—Particulars for sale of new motor car
IMPORTANT INFORMATION—YOUR RIGHT TO COOL OFF
Section 43
Under section 43 of the Motor Car Traders Act 1986 , if none of the exceptions listed below applies to you, you may end this contract within 3 clear business days of the day that you sign the contract.
To end the contract within this time, you must give the motor car trader or the motor car trader's agent written notice that you are terminating the contract.
If you end the contract in this way, you are entitled to a refund of all the money you paid EXCEPT—
• $400 or 2 per cent of the purchase price (whichever is greater) where this is not an off-trade premises sale; or
• $100 or 1 per cent of the purchase price (whichever is greater) where this is an off-trade premises sale. An "off-trade-premises" sale is one in which you agree to purchase the car while you are at home or at your workplace and you did not ask for the agreement to be signed at your home or workplace.
EXCEPTIONS—the 3-day cooling-off period does not apply if—
• the vehicle being sold is a commercial vehicle; or
• you are a motor car trader; or
• you are a body corporate; or
• you accept delivery of the vehicle within the cooling-off period.
IF YOU CHOOSE TO ACCEPT DELIVERY OF THIS VEHICLE WITHIN THE COOLING-OFF PERIOD, YOU WILL AUTOMATICALLY LOSE YOUR RIGHT TO COOL OFF
Particulars
(1) The name of the motor car trader or, if an employee of the motor car trader negotiated the agreement on behalf of the motor car trader, the name of the employee.
(2) A description of the motor car sufficient to identify it.
(3) The vehicle identification number or, if the vehicle identification number is not reasonably ascertainable, any other number by which the motor car may be identified.
(4) The price and any other charges to be paid and the time and manner in which the price and any other charges are to be paid and, where a motor car or other goods are to be accepted as part payment of the price or other charges, the amount agreed to be represented by the motor car or other goods.
(5) Where a motor car is to be accepted as part payment of the price or other charges and where the amount allowed on this trade-in vehicle has been reduced by an amount to be paid by the motor car trader to discharge the interest of any other person in the vehicle, the number of days after delivery of the trade-in vehicle to the trader within which the trader will pay this amount to the other person.
(6) The licence number of the motor car trader.
(7) The serial number of the agreement.