45Rescission

45 Rescission S. 45(1) amended by No. 57/1989 s. 3(Sch. item 137.1). (1) Subject to subsection (3), a purchaser under an agreement for the sale of a motor car may apply to the Magistrates' Court not later than 3 months after the agreement is entered into for an order for the rescission of the agreement specifying as a ground that— (a) a false representation has been made in relation to an odometer reading of the motor car; or (b) the agreement for sale of the motor car does not contain the prescribed particulars, terms and conditions; or S. 45(1)(c) amended by No. 74/1996 s. 29(1)(a). (c) the motor car is substantially different from the motor car represented in the notice required by section 52(1). S. 45(2) amended by Nos 4/1989 s. 8(4)(b), 74/1996 s. 29(1)(b), 52/1998 s. 163. (2) Subject to subsection (3), a purchaser under an agreement for the sale of a motor car at a cash price not exceeding $40 000 may, not later than 3 months after the agreement is entered into, apply to the Tribunal for an order for the rescission of the agreement on any ground referred to in subsection (1). S. 45(3) amended by Nos 57/1989 s. 3(Sch. item 137.1), 4/1989 s. 8(4)(c), 52/1998 s. 163. (3) Despite subsections (1) and (2), if a purchaser under an agreement for the sale of a motor car has notified the motor car trader of a complaint referred to in subsection (1) not later than 3 months after the agreement is entered into, the purchaser may apply not later than 1 month after that notification to the Magistrates' Court or the Tribunal for an order for the rescission of the agreement on the ground of that complaint. (4) The provisions of this section are in addition to and not in derogation of any right in law which the purchaser may have to rescind an agreement. S. 45(5) inserted by No. 74/1996 s. 29(2). (5) If a person applies for an order under this section, the person is not eligible to make a claim under section 76 in respect of any loss that relates to the circumstances giving rise to the application for the order until the application has been heard and determined. S. 45(6) inserted by No. 74/1996 s. 29(2). (6) The amendment made by section 29 of the **Motor Car Traders (Amendment) Act 1996** increasing the limit in subsection (2) from $20 000 to $40 000 only applies to agreements entered into on or after the date that section came into operation. S. 46 repealed by No. 4/1989 s. 8(4)(d). S. 47 amended by No. 52/1998 s. 163.