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Motor Dealers and Chattel Auctioneers Act 2014
sec.106Consideration for cooling-off period
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### sec.106 Consideration for cooling-off period
The consideration payable for the cooling-off period for the purchase of a used motor vehicle (the non-refundable deposit ) is the amount prescribed or worked out under a regulation.
The non-refundable deposit may be paid as the deposit or part of the deposit for the vehicle.
If the contract is not avoided during the cooling-off period, the non-refundable deposit must be deducted from the purchase price of the vehicle.
If a deposit is paid for the vehicle—
if the amount of the deposit is more than the amount of the non-refundable deposit—the deposit is taken to include the non-refundable deposit; or
if the amount of the deposit is equal to or less than the amount of the non-refundable deposit—the deposit is taken to be the non-refundable deposit.
If no deposit is paid for the vehicle, the motor dealer is taken to have waived the payment of the non-refundable deposit.
(sec.106-ssec.1) The consideration payable for the cooling-off period for the purchase of a used motor vehicle (the non-refundable deposit ) is the amount prescribed or worked out under a regulation.
(sec.106-ssec.2) The non-refundable deposit may be paid as the deposit or part of the deposit for the vehicle.
(sec.106-ssec.3) If the contract is not avoided during the cooling-off period, the non-refundable deposit must be deducted from the purchase price of the vehicle.
(sec.106-ssec.4) If a deposit is paid for the vehicle— if the amount of the deposit is more than the amount of the non-refundable deposit—the deposit is taken to include the non-refundable deposit; or if the amount of the deposit is equal to or less than the amount of the non-refundable deposit—the deposit is taken to be the non-refundable deposit.
(sec.106-ssec.5) If no deposit is paid for the vehicle, the motor dealer is taken to have waived the payment of the non-refundable deposit.
- (a) if the amount of the deposit is more than the amount of the non-refundable deposit—the deposit is taken to include the non-refundable deposit; or
- (b) if the amount of the deposit is equal to or less than the amount of the non-refundable deposit—the deposit is taken to be the non-refundable deposit.