QLDIn ForceAct
Motor Dealers and Chattel Auctioneers Act 2014
sec.102Notice to be given about used motor vehicle—no prior contract
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### sec.102 Notice to be given about used motor vehicle—no prior contract
This section applies if a used motor vehicle is not subject to any prior contract with a prospective buyer for its sale.
A motor dealer must give to the prospective buyer of the vehicle a written statement in the approved form under this section.
Maximum penalty—200 penalty units.
The statement must include the following—
the motor vehicle, clearly identified, to which the statement relates;
the names and addresses of the motor dealer and prospective buyer;
a clear statement that the prospective buyer may avoid any contract for the purchase of the vehicle from the motor dealer during the cooling-off period;
the day and time when the statement is given;
the day and time the cooling-off period ends;
the amount of non-refundable deposit forfeited by the prospective buyer if the buyer avoids the contract.
The statement must be signed and dated by the prospective buyer and the motor dealer or someone authorised or apparently authorised to sign for the motor dealer.
The motor dealer or authorised person must give the original of the statement to the prospective buyer immediately before the buyer signs any contract for the purchase of the vehicle.
Maximum penalty—200 penalty units.
The motor dealer must keep a copy of the statement.
Maximum penalty—100 penalty units.
(sec.102-ssec.1) This section applies if a used motor vehicle is not subject to any prior contract with a prospective buyer for its sale.
(sec.102-ssec.2) A motor dealer must give to the prospective buyer of the vehicle a written statement in the approved form under this section. Maximum penalty—200 penalty units.
(sec.102-ssec.3) The statement must include the following— the motor vehicle, clearly identified, to which the statement relates; the names and addresses of the motor dealer and prospective buyer; a clear statement that the prospective buyer may avoid any contract for the purchase of the vehicle from the motor dealer during the cooling-off period; the day and time when the statement is given; the day and time the cooling-off period ends; the amount of non-refundable deposit forfeited by the prospective buyer if the buyer avoids the contract.
(sec.102-ssec.4) The statement must be signed and dated by the prospective buyer and the motor dealer or someone authorised or apparently authorised to sign for the motor dealer.
(sec.102-ssec.5) The motor dealer or authorised person must give the original of the statement to the prospective buyer immediately before the buyer signs any contract for the purchase of the vehicle. Maximum penalty—200 penalty units.
(sec.102-ssec.6) The motor dealer must keep a copy of the statement. Maximum penalty—100 penalty units.
- (a) the motor vehicle, clearly identified, to which the statement relates;
- (b) the names and addresses of the motor dealer and prospective buyer;
- (c) a clear statement that the prospective buyer may avoid any contract for the purchase of the vehicle from the motor dealer during the cooling-off period;
- (d) the day and time when the statement is given;
- (e) the day and time the cooling-off period ends;
- (f) the amount of non-refundable deposit forfeited by the prospective buyer if the buyer avoids the contract.