WA Australian Consumer Law - Dealer Backing Out on Agreed Delivery?

[Foreignjon]

Bought a car from a dealer in WA. We agreed on delivery to the door in rural QLD. The contract of sale states delivery to QLD, but I have a tax invoice where in plain English it says delivery to: my name and private address.

The dealer called me on Monday stating that he can only deliver to the depot, which is 3 hrs drive from me and cannot deliver to the door because it is going to cost them a lot of money. That is the first time I heard from them about delivery to the depot of transport company.

What can I do to make them deliver to my door under Australian Consumer Law?

 

[Victoria S]

Hi Foreignjon,

This appears to be a case of unilateral mistake, where the car dealer thought he could deliver the vehicle to your door, but was mistaken about how much it would cost. He does not appear to have breached any consume law warranties of acceptable quality or fitness for purpose etc nor does he appear to have engaged in misleading or deceptive conduct.

He simply appears to be reneging on a contractual term which he thought he could perform but cannot. I would say you are within your rights to cancel the contract if you wish because the dealer cannot provide what you contracted for, however I'm not sure of your prospects of forcing the performance of the contract for the agreed price.