34Contract for sale, purchase or exchange of motor vehicle

34 Contract for sale, purchase or exchange of motor vehicle

(1)  A licensed motor vehicle trader must not enter into any contract in relation to the sale, purchase or exchange of a motor vehicle unless the contract –

(a) is in writing; and

(b) contains the following information and matters:

(i) the conditions of the sale, purchase or exchange;

(ii) the total price or other consideration, or both, to be paid or given in respect of the sale, purchase or exchange;

(iii) if the contract involves the trade-in of any motor vehicle and the purchase of another motor vehicle, the changeover price to be paid by the purchaser;

(iv) any undertaking made by the licensed motor vehicle trader to the purchaser in any advertisement or during negotiations in respect of the motor vehicle which is not included in any warranty relating to the vehicle; and

(c) contains, in the case of a contract for the sale of a motor vehicle or supply of a motor vehicle on exchange –

(i) a statutory warranty in accordance with section 43 ; and

(ii) all other warranties relating to the motor vehicle; and

(d) in the case of a contract for the sale of a used motor vehicle or the supply of a used motor vehicle on exchange, has attached to it a copy of the pre-sale disclosure statement; and

(e) contains the prescribed information, statements and terms; and

(f) if the Director determines the form in which information or a statement is to be provided or made, contains that information or statement in that form.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 400 penalty units; or

(b) an individual, a fine not exceeding 100 penalty units.

(2)  Without limiting the contracts to which subsection (1) applies, that subsection applies to a finance agreement under which the licensed motor vehicle trader agrees to provide finance to another person in respect of a motor vehicle sold or supplied on exchange by the licensed motor vehicle trader.