55Rescission of contract

55 Rescission of contract

(1)  In this section –

purchase contract means a contract entered into in relation to the sale or supply on exchange of a motor vehicle by a licensed motor vehicle trader;

purchaser includes, if a finance agreement is made on the sale or exchange of a motor vehicle, a person who is entitled to the use of the motor vehicle;

rescission period means the period of 90 days commencing on the day the purchaser takes delivery of the motor vehicle purchased under a purchase contract.

(2)  If a purchaser under a purchase contract –

(a) has, within the rescission period, reason to believe that –

(i) the licensed motor vehicle trader made a false representation in relation to the odometer or odometer reading; or

(ii) the purchase contract is not in accordance with section 34 ; or

(iii) the motor vehicle is substantially different from the motor vehicle represented in the pre-sale disclosure statement; and

(b) notifies the licensed motor vehicle trader, in writing, of that belief and the reasons for it within, or not later than 14 days after the end of, the rescission period –

the purchaser may apply within the period specified in subsection (3) to the Magistrates Court for an order rescinding that contract on a ground referred to in paragraph (a) .

(3)  An application –

(a) may be made within 60 days after the purchaser notifies the licensed motor vehicle trader in accordance with subsection (2)(b) ; and

(b) may be made to –

(i) a Magistrates Court that is hearing proceedings in relation to an offence connected with the ground for the application at the time when the application may be made; or