澳洲买车时如果后悔了怎么办？NSW FAIR TRADING知识普及

在澳大利亚汽车



如果被sales稀里糊涂的忽悠了，发现自己后悔了或者发现别处有更优惠的价格咋办？别慌，有法规保障消费者应有的权利。

在新州是这样规定的，请参见NSW fair trading条文，原文链接：[url=http://www.fairtrading.nsw.gov.au/ftw/Consumers/Motor_vehicles/Steps_to_buying_a_car/Finance_and_contracts.page#How_does_a_purchaser_'cool_off'_from_a_purchase?]http://www.fairtrading.nsw.gov.au/ftw/Consumers/Motor_vehicles/Steps_to_buying_a_car/Finance_and_contracts.page#How_does_a_purchaser_'cool_off'_from_a_purchase?[/url]


Cooling off periods

A one day, waivable cooling off period applies to purchases of new and used cars where the purchase is financed by a linked credit arrangement. Linked credit is where finance for the purchase is provided by or facilitated by the motor dealer selling the vehicle.

冷静期，为期一天，可以豁免，适用于用安排好关联贷款购买的新车和二手车。关联贷款是指买家贷款由卖车的车行操作的贷款。


How does a purchaser 'cool off' from a purchase?

A purchaser may terminate the contract by giving written notice to the dealer during the cooling off period. The notice of termination must be signed, either by the purchaser or the purchaser’s solicitor or barrister. The right to terminate a contract may be exercised even though the purchaser has taken delivery of the motor vehicle concerned.

买主如何使用冷静期？

买家可以在冷静期内以书面方式告知车行要终止合同。书面通知必须由买主或买家律师签字。即使车行已经交车给买家，终止合同的权利还是可以使用。

What does 'cooling off' cost?

On termination of the contract the purchaser is liable to pay the dealer $250 or 2% of the purchase price, whichever is the lesser. (This means 2% of the purchase price for cars priced $12,500 or lower and $250 for all cars over $12,500).

When does the cooling off period apply?

The cooling off period only applies to purchases of cars by linked credit.

What is linked credit?

Linked credit is where finance for the purchase is provided by or facilitated by the motor dealer selling the vehicle. Linked credit has the same meaning as in the National Consumer Credit Protection Act 2009.

When does the cooling off period not apply?

There is no cooling off period for sales:

of motor vehicles other than cars (eg. motor bikes, farm equipment)

of commercial vehicles

at an auction

paid for by cash

on credit other than linked credit (The cooling off period does not apply where credit is provided by a finance institution contacted directly by the purchaser, that is, where the dealer does not provide, arrange or facilitate the credit)

where credit is provided by a linked credit provider of the dealer but the provision of credit is not arranged or facilitated by the dealer

made by a motor dealer to a trade owner.

When does the cooling off period begin and end?

The cooling off period begins when the contract is signed (entered into) and ends at 5pm on the next day on which the dealer carries on business with the public. However, if the dealer closes for business before 5pm on that day, the cooling off period ends at the close of business on the next day the dealer is open for business following that day.

Example A: A dealer is open for business 9am to 6pm Monday to Saturday and 11am to 3pm on Sunday. If a contract to purchase was signed on Friday the cooling off period would end at 5pm on Saturday.

Example B: A dealer is open for business 10am to 7pm Monday to Friday, 10am to 3pm on Saturday and closed Sunday. If a contract to purchase was signed on Friday the cooling off period would end at 7pm on Monday.

Example C: A dealer is open for business 9am to 4pm Monday to Friday, 10am to 4pm on Saturday and closed Sunday. If a contract to purchase was signed on Saturday the cooling off period would end at 4pm on Tuesday.


Does the dealer have to advise the purchaser of the cooling off period?

Yes, the notice of a purchaser’s right to the cooling off period must be included in the contract. The notice must be in the prescribed form. The prescribed form is Form 20 in the Motor Dealers Regulation 1999.

Can the cooling off period be extended and how is the cooling off period waived?

The cooling off period may be extended by a provision in the contract of sale or by agreement with the dealer.

The cooling off period can only be waived by the purchaser signing the prescribed form. The prescribed form is Form 21 in the Motor Dealers Regulation 1999.


What happens to the purchased vehicle during the cooling off period?

The purchaser is not entitled to possession of the motor vehicle during the cooling off period, unless the purchaser and the dealer agree. If they agree and the purchaser ‘cools off’, the purchaser will be liable for any damage to the motor vehicle while it was in the purchaser’s possession, other than fair wear and tear.

What happens to any trade-in vehicle during the cooling off period?

A dealer must not sell, give in exchange or otherwise dispose of a trade-in, or any interest in or related to a trade-in, given or agreed to be given by a purchaser under a contract during the cooling off period. If the purchaser ‘cools off’ from the purchase, the dealer must return to the purchaser any ‘trade-in’ vehicle. The dealer is liable for any damage to the ‘trade in’ vehicle other than fair wear and tear.

What happens if the contract is cancelled and either the trade-in or purchased vehicle cannot be driven?

A purchaser or dealer is not liable to return a motor vehicle as required by the legislation if the purchaser or dealer is unable to return it because of a defect in the car, not caused by the purchaser or dealer, that has rendered the motor vehicle incapable of being driven or unroadworthy. The purchaser or dealer must, however, permit the collection, or arrange for the collection, of the motor vehicle.

Deposits

Consumers should not sign any agreement until they are sure they intend to purchase the vehicle. When a consumer pays a deposit and signs a vehicle purchase order form they are entering a legal contract to buy a vehicle. If they change their mind they break the contract and the seller may be entitled to keep the deposit and legally require the customer to pay a cancellation fee.
Important information:

Consumers should never sign vehicle purchase order forms and applications for finance until they really make up their mind.

Consumers should never sign order forms with more than one trader.

Consumers should never sign a contract that is blank or has blank spaces.

Variations and price rises

When a contract is formed to purchase any goods the conditions of the agreement, including the price, are agreed upon. Neither party has the right to vary any of these conditions without the approval of the other party.

Often consumers will contact Fair Trading after having signed for the purchase of a new car only to be told by the dealer that there has been a factory increase in price. The order form that has been signed will generally cover this eventuality. It states if a consumer signs and agrees to pay a certain price they are not required to pay the increase.  However, consumers cannot force the dealer to sell the vehicle at the order form price.  They have the option to purchase at the new price or cancel the order.

Delays in delivery

Where delays in the delivery date occur, consumers should check their contract for terms and conditions. Some contracts may allow for an extension of time for the dealer to supply the vehicle.
Generally, contracts can only be cancelled where there is a breach of the terms and conditions.

Dealer and statutory charges

Dealer charges (also called ‘delivery’ charges) are costs payable to the dealer by the purchaser of a new motor vehicle. These charges relate to costs incurred by the dealer for transportation, stock finance, and servicing the vehicle prior to delivery.

Statutory charges include charges applied by government authorities on the sale or registration of a motor vehicle and include:

The tax and fee payable on registration.

Stamp duty payable on the certificate of registration of the vehicle.

Compulsory third party insurance.

The premium and stamp duty payable on the insurance policy.

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自己抢个沙发，重点：how much does 'cooling off' cost?
On termination of the contract the purchaser is liable to pay the dealer $250 or 2% of the purchase price, whichever is the lesser. (This means 2% of the purchase price for cars priced $12,500 or lower and $250 for all cars over $12,500).

合同终止时，买家要向卖家（车行）支付250刀或车全款2%的费用，二者以数目较低的为准。也就是说，车全款低于12500刀的终止合同要支付车款的2%，车全款高于12500刀的要支付250刀。以上皆处在“购买冷静期”时间内。

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附上PDF版本~

各位看官加分不要手软！！！

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LZ没后悔吧？哈哈

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必须没后悔啊，就是还没提到车等的急啊~

看到隔壁买宝马的兄弟后悔了，这不科普下知识~

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为啥没人留言  难道写的不好

附上fair trading 汽车买家指南pdf 版本。


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嗯这个应该普及，很多人有误解以为COOLING OFF期内反悔没损失

注意别被DEALER误导，签了那份放弃冷静期的FORM

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NSW购车者指南

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学习了

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感谢支持。请教下，过了冷静期，需要支付的金额怎么计算？

是按每个人签的合同背面的条款为准吗，有没有一个general的算法？

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补充，过了冷静期后，如果要终止合同，我的合同上写的是要支付5%的车全款，可不可以理解为定金全被没收了（一般定金是车价5%吧？）

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看了一下合同背面，没有提到lawful termination of contract的罚金问题，只说要书面通知对方

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买车签合同还是要谨慎 在这里 白纸黑字写好了以后就有法律效力了 之前的胡搅蛮缠都没所谓 关键看合同怎么写

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哈哈，那是。不过很多人签字的时候都不看条款的，或者就算有人看sales也会催你尽快签字。说，”放心，我肯定不会坑你的“这类话

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不过说实话 买车就是容易脑子热 毕竟看到自己喜爱的车子就在眼前 怎能不心动啊

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是的。。奏是这个理，容易被人利用

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实话呀！买车怎么会不带点小冲动呢！ 哈哈 ， 处理事情还要在淡定点的好！

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这个知识我觉得还有点帮助，希望大家多支持啊

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哈哈就是，尤其是男士购车会小鸡冻！！！

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所以买车一定要至少两个人一起去 一个人容易冲动

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很有道理！！！我带人去主要是砍价用的

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感谢分享

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谢谢版主加分

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请求楼主

上周刚刚中招了，被忽悠买了二手车下了定金，
车行合同没有任何文字说有cooling day，是否可以告他们？
我们也没申请贷款，是否就代表没有cooling day这个说法？

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学习

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