Form 12 - Car Transactions

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JAXDC

Member
26 January 2023
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Hello,

I have a question regarding the Form 12 below

https://www.publications.qld.gov.au...y-warranty-and-cooling-off-period-form-12.pdf

Now on this form is outlined the conditions of a cooling off period and that a copy of this form must be given to the buyer before any contract is signed.

I have recently signed a contract for a car that was discussed with me as being subject to finance approval from their finance company and also subject to the car being seen (it is a demo car that was out at the time)

We currently do not have an approved finance from them and have not seen the car and are now wishing to withdraw from the purchase.

We have currently paid $1000 reservation on the car that is supposed to be fully refundable upon completion of the transaction.

We have never received the form 12 attached above and from what I can read this extends my cooling off period to 7 days instead of the standard 1.

I just want to check that this form 12 has to be this exact copy or do motor dealers have their own form 12’s that are branded and do not state form 12 on them. We have some paperwork that has similar details on it but no information regarding exact times of a cooling off period or warranty details, only written conditions that also refer to a form 12.

Any help you can give would be appreciated.

I’m growing concerned as it also states if we default on our obligations we can incur a 10% fine of the value of the goods which would be closer to 5k. Would this count as a default on such obligation?