The Law Handbook 2024

646 Section 6: Houses, communities and the road Appendix C: Letter to rescind a car sale contract (Your name, address and date) (Name and address of car trader) cc Finance company (if applicable) and Consumer Affairs Victoria Dear Sir/Madam, Motor vehicle registration no. ABC 123 (or other description of car) I rescind any agreement for sale of a motor car made in respect of the vehicle referred to above on the following grounds: 1 The car is not of acceptable quality and there has been a breach of the condition implied in section 54 of the Australian Consumer Law. 2 The statutory right conferred by section 45 of the Motor Car Traders Act 1986 (Vic). 3 (Insert any other grounds for rescission.) I require you to immediately return the full amount of any deposit and/or trade-in (if applicable) held by you, failing which legal proceedings will be issued against you in the Victorian Civil and Administrative Tribunal (or the Magistrates’ Court) . Your cheque should be made payable to the writer and sent to (insert your address) . (Insert your signature and name) Notes 1 Option 1 is only available where the seller sells the car in the course of a business. 2 Option 2 is only available where the car is purchased from a car trader. 3 See note 2 in appendix B. 4 Return the car to the seller immediately. 5 See note 4 in appendix B. 6 See note 5 in appendix B. 7 Keep a copy of this letter for your records. 8 See note 6 in appendix B. Appendix D: Letter to withdraw from a car sale contract (Your name, address and date) (Name and address of car trader) cc Finance company (if applicable) and Consumer Affairs Victoria Dear Sir/Madam, Motor vehicle registration no. ABC 123 (or other description of car) As provided by section 88B of the Motor Car Traders Act 1986 (Vic) (‘the Act’), I withdraw from any agreement for the sale of a motor car made in respect of the vehicle referred to above on the ground that the agreement for sale does not contain the prescribed particular terms and conditions in accordance with section (insert section 41 or 42 as appropriate) of the Act. I require you to immediately return the full amount of the deposit and/or trade-in (if applicable) held by you in accordance with subsections 88B(4) and (5) of the Act, failing which legal proceedings will be issued in the Victorian Civil and Administrative Tribunal. Your cheque should be made payable to the writer and sent to (insert your address) . I also terminate my credit contract in accordance with section 21 of the National Credit Code (if applicable) . (Insert your signature and name) Notes 1 In the first paragraph, refer to section 42 if the vehicle is a new car, and to section 41 if the car is used. 2 There are two other grounds of withdrawal under section 88B: the failure to comply with section 37 or an offence under section 38. The last three lines of paragraph one of the letter need to be amended to suit the ground relied upon. 3 The third paragraph only applies if no credit has been obtained within the meaning of section 21 of the National Credit Code. 4 See note 2 in appendix A. 5 See note 4 in appendix B. 6 See note 2 in appendix B. 7 Keep a copy of this letter for your records.