VIC Domestic Buildings Contract Act Cooling off period

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royale

Active Member
27 February 2019
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31
Hi All,
Last year i entered into a building contract. The project went south rather quickly as they had made commitments to complete the project by Christmas, but were aware that material they required would not be delivered until mid January the following year.

One of the major issues with the contract itself is the cooling off notice.
I believe Section 31(1)n and Section 34 of the Domestic Building Contract Act spell out the requirements pretty clearly, however the notice printed in the pro-forma contract differs from the act in that it states a 3 day cooling off period (rather than 5 as required by the act) and that the builder can retain $500 (rather than $100 as noted in the act).

There are lots of issues with the contract itself as well as it performance, but is this misleading representation enough of a silver bullet to have the contract declared unlawful and therefore void?