VIC Cancel and asking for refund for private car sales

[riogo]

On 7/10/2023 i made $900 deposit on car that advertised come with RWC and Registered. I didn't check how long is the rego. And its expired on 9/10/2023 the same day when the seller took it to mechanic to get RWC. And he doesn't want to put more rego on it. Until today the car is not finished yet to get the RWC.
Question 1. Can i cancel and asking for refund. Because i think when i receive the car it should come with RWC and Registered. And the seller refused.
2. Also there are nothing written on the deposit receipt that say deposit are non refundable or verbally said that refund are non-refundable.
3. Can i cancel and asking for refund because it take to long to get the RWC and i need a car soon. How long is considered to long to cancel a transaction?
Thank you. Sorry for bad English

 

[zaffin]

HI riogo, This new legal ai tool I've been using. It's a big slow but pretty good here https://legalmind.com.au. It produced:

"Based on the details you've shared, it seems that you may have grounds to request for the cancellation and refund of the deposit given certain potential breaches by the seller.

1. Generally, a car sold with the advertisement that it includes an RWC (Roadworthy Certificate) and registration should be provided to you in the same condition unless otherwise stated. The seller's refusal to renew the registration, and potential delay in providing an RWC may be considered as a possible violation of your agreement with them. Relevant legislations that may apply in this situation include the Motor Car Traders Act of 1986 (Victoria), the Fair Trading Act 1987 (NSW), and the Australian Consumer Law (Competition and Consumer Act 2010, Schedule 2). These acts protect consumers from deceptive trade practices, and stipulate that goods or services should match the descriptions provided by the seller.

2. As for your deposit, unless explicitly stated in writing (verbally does not count) that the deposit was non-refundable, it is generally considered refundable. Consumer protection laws, such as those mentioned in point 1, emphasize the importance of honesty and transparency in monetary dealings.

3. The time considered as "too long" to wait for a service or delivery varies based on a variety of factors, including the type of goods or services, method of delivery, or may even be set out in the contract of sale itself. However, if the delay in providing the RWC is causing significant inconvenience or harm, it could potentially be grounds for cancelling the transaction. In certain circumstances, Section 62 of Australian Consumer Law provides consumers the right to cancel a service, including if the provider has not delivered within a reasonable time when no time is set.

In summary, based on Australian Consumer Law and local regulations, it would appear you might have sufficient reason to cancel your purchase and request for a refund. However, these interpretations are made generally and may not apply exactly to your situation or location. It's recommended that you seek advice from a legal assistance."

 

[riogo]

Thank you