Seems you get screwed in NSW
NSW Cooling off Period.
There is a ?cooling-off period? that applies if you purchase a car from a dealership and the dealership:
- arranges your loan for the car, or
- supplies application forms for, or a referral to, a credit provider. This is called a linked credit arrangement.
Under these circumstances only, there is a ?cooling-off period? giving you 1 day to change your mind. The cooling-off period begins when the contract is entered into and generally closes at 5pm on the next day that the dealer is open for business.
Note that the cooling-off period does not apply to motor cycle purchases.
During the cooling-off period the purchaser can cancel the contract by signed, written notice given to the dealer. The purchaser will be liable to pay the dealer $250, or 2% of the purchase price, whichever is the lesser amount.
Cooling off period Consumer affairs Victoria New & used cars
New car cooling-off period
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What does cooling off mean?
Cooling-off periods apply to cars and motorbikes bought from licensed motor car traders.
You have three business days (excluding weekends and public holidays) after you sign a contract to change your mind. This is your cooling-off period. However, if you choose to accept delivery of the vehicle during this three-day period, you will automatically lose your right to cool off.
Licensed motor car traders are required to include a prescribed information box in the contract of sale for each vehicle they sell, that sets out information about the cooling-off process.
A licensed motor car trader is not obliged to order a vehicle from the manufacturer before the cooling-off period expires. You should therefore clarify with the licensed motor car trader when you can expect to receive it.
Changing your mind
If you change your mind and terminate the sale agreement, you must do so in writing within the cooling-off period, and the licensed motor car trader may keep $400 or two per cent of the purchase price (whichever is greater).
If you change your mind about a sale that takes place off-site, for example, if the licensed motor car trader brings the vehicle to your home or place of work, the seller may keep $100 or one per cent of the purchase price (whichever is greater).
Commercial vehicles
There is no cooling-off period if the car is purchased in the name of a company or body corporate, or if it is classified as a commercial vehicle.
Last updated: 17/10/201
Used car cooling-off period
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What is a cooling-off period?
Cooling-off periods apply to cars and motorbikes bought from licensed motor car traders.
You have three clear business days (excluding weekends and public holidays) after you sign a contract to change your mind. This is your cooling-off period. However, if you choose to accept delivery of the vehicle during this three-day period, you will automatically lose your right to cool off.
Licensed motor car traders are required to include a prescribed information box in the contract of sale for each vehicle they sell, that sets out information about the cooling-off process.
A licensed motor car trader is not obliged to order a vehicle from the manufacturer before the cooling-off period expires. You should therefore clarify with the licensed motor car trader when you can expect to receive it.
Changing your mind
If you change your mind, the dealer must be notified in writing. You should confirm with the dealer before the end of the cooling-off period that he or she has received the notification. The dealer can keep some of the deposit you have paid ($100 or one per cent of the purchase amount, whichever is greater).
Commercial vehicles
There is no cooling-off period if the car is purchased in the name of a company or body corporate, or if it is classified as a commercial vehicle.
Last updated: 27/10/2016
QLD Cooling off Period
Cooling-off period for buying a used car
When you buy a used car from a licensed motor dealer, you're entitled to a cooling-off period of 1 business day. You can cancel the contract during the cooling-off period without large penalties.
A licensed motor dealer cannot refuse to grant you a cooling-off period.
There is no cooling-off period for new vehicles.
After you sign the contract, the cooling-off period will end either:
- on the dealer's next business day at 5pm
- if the dealer closes before 5pm, the following business day at their usual closing time.
You can drive away with the vehicle during this time. However, you will lose your right to a cooling-off period if you do.
This doesn't count if you take the vehicle:
- to an independent mechanic for an inspection
- for a test drive.
The cooling-off period doesn't apply when you buy a used vehicle:
- on consignment
- at auction
- privately
- if you are a motor dealer yourself (unless you're buying it for personal use).
The cooling-off period also doesn't apply when you buy:
- an unregistered vehicle, that cannot be registered or intended for wrecking
- a commercial vehicle (defined as a vehicle built for carrying goods or more than 9 people, but not a utility with a 1 tonne or less load carrying capacity)
- a caravan.
Contract
Once you and the dealer have signed the sales contract, it's binding on the dealer.
You are bound by the contract as soon as:
- the cooling-off period expires
- you drive away with the vehicle during the cooling-off period.
Cooling-off period form
Before you sign the contact, the dealer must fill out and give you the [ame="https://publications.qld.gov.au/dataset/a9f5e13f-3dda-40c0-a8c1-4093c0450b06/resource/b723792d-0526-42b7-8aa4-02fb75672f25/download/0475ftmdcaf12v1securityenabled.pdf"]cooling-off period form (PDF, 172K[/ame].
If you don't get this form, the dealer must give you a 7 day cooling-off period instead of 1 day.
Deposit
The dealer can charge you a non-refundable deposit during the cooling-off period. The amount cannot be more than $100.
If you go ahead with the sale, the dealer takes away this amount from the vehicle's sale price. If you end the contract, the dealer may keep some or all of your deposit.
The dealer must tell you in writing about these conditions.
Ending the contract
To end a contract, write to the dealer to tell them that you don't want to go ahead with the sale.
You can deliver it in person, by email or fax.
The dealer cannot refuse your attempt to use your cooling-off period rights.
Interest from another buyer
The dealer may give another person a chance to buy a vehicle, even once it's under contract. The second buyer can only buy the car if the existing contract falls through. This is usually when the original buyer ends their contract during the cooling-off period.
Once the original buyer takes the vehicle home, the dealer must fully refund the second buyer's deposit.
Consignment vehicles
A consignment vehicle is sold on behalf of someone else. Usually a consignment sale involves a motor dealer selling a vehicle on behalf of its owner.
Consignment vehicles don't have a cooling-off period.
The dealer must tell you that:
- it's a consignment vehicle
- the cooling-off period doesn't apply.
Any advertisements must also clearly state this.
Vehicle trade-in
You may have traded in your old vehicle as part of the agreement. The dealer must return it to you if you cancel in the cooling-off perio
That Carsales link clearly states the vehicle is a 4 seater - I suspect you are at the whim of the seller on whether to take it back as there is no legal obligation as there are no false claims by the seller and it is up to the buyer to determine that the vehicle is suitable for their needs.
I can only suggest you try to persuade the seller to allow you to exchange for another suitable vehicle most likely at additional cost.
Good luck with it.
Garry
REMLR 243
2007 Range Rover Sport TDV6
1977 FC 101
1976 Jaguar XJ12C
1973 Haflinger AP700
1971 Jaguar V12 E-Type Series 3 Roadster
1957 Series 1 88"
1957 Series 1 88" Station Wagon
G`day ,
on the TAC site an Alto 2013 has the same 4 star rating as our 2003 L322 .
I have never particularly liked small cars and would rather if it happens be in the RR but in the wrong situation i don`t think it will matter .
I don`t know how much thought you put into your comments but i find the bit about the kids as cruel , others may not but i do .
He already has a car that doesn`t really suit and i think he should have researched the car better and his best out would be to help his wife select a different car at the dealers .
Cheers
There's another point of contention.... Star ratings.
They only apply for vehicles in similar size and weight ranges..
What's worse. The Alto scored 3 star in Euro NCAP and completely failed some tests in other countries..
There's just no room to absorb frontal or rear impacts etc... its just scary...Micro sized vehicles are just plain dangerous.... and yet often the vehicle used for the domestic triangle...
In the OPs case he may be better off using the Alto for work and letting the family use the Larger vehicle..
Feel free to interpret my comments as you see fit...
The 3 star ncap maybe because it seems they come with 2 , 4 or 6 airbags depending on the spec in Europe .
In Australia they all have 6 air bags .
Son had a Mazda 323 for L plates and around here but when he started Uni and travelling to the City and back , he got a Subaru Liberty .
Right or Wrong i consider the Subaru a safer car and it was more for my sake that it was bought .
I would have trouble advising any one that a micro was a good idea .
From your interpret comment i can only think that you meant it as i perceived it .
Or it just means take it as you wish...
If you were offended, that's you're emotive response.
Why does stating that it's pretty risky putting the family in a tin can bother you?
- OP should have checked - if I was buying a Micro car expected to seat 2+3 I would be checking the back seat... including condition of seat belts, where I would note only 2, and also note it was so narrow 3 kids would struggle to fit without bothering one another...
- Micro cars fold like tin cans when hit
- I wouldn't put my family in a Micro - the videos of Altos in crash tests is horrifying.
- domestic triangle is most accident prone statistically increasing risk
[ame]https://youtu.be/ceS_jkKjIgo[/ame]
Don`t know that i`m offended , i think more disappointed that you can`t or won`t explain your thought behind the comment .
To me it seemed as if the OP has made a mistake which by itself is probably enough .
Hmm let's see..
1: Do you know where it's made?
1A: Its made in India and not renown for being safe
2: Would you want your kids in one?
2A: If you consider how much it folds in an impact would you really consider it a good choice as the Child carrying chariot?
3: There is absolutely zero protection for anyone in that vehicle.
3A: Short of crashing into a tank full of fairy floss at walking pace whilst hugging a pillow you have almost zero chance of walking away from even a mild impact in one of these vehicles... Being punched in the body by 6 airbags does little if you knees are pinned to the dash, or the the Full sized sedan/4wd has just shortened the length/width of the vehicle by a significant amount.
Observations (traditional) over time:
Families buy a cheap runabout for "domestic duties" whilst Primary vehicle shuttles one person to work.
Cheap runabout often has cheap brakes, cheap tyres etc as it "only runs the kids to school" - so the most precious cargo (that's partner and kids) is often in the smallest vehicle with the lowest end safety equipment.
Having had to assist persons in vehicles such as these involved in MVAs over the years I can not understand why anyone would have one... (in global cities where speeds never crack 40km/h perhaps but not Australia)
Does that set you at ease as to where my comments came from?
And yes - the OP is left holding the bag... it's called a life lesson. I've had a few...
Thanks for your time and effort .
From what i`ve typed i think you can see i agree with the observations of the car and i understood the reasoning behind the questions , did you know the Alto in different guise has been built there since 83 .
My hearing is wanting , some of those blokes are very funny , i used to enjoy that type of thing , thanks for that also .
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