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VIC Terminating Contract of Sale for New Vehicle?

Discussion in 'Commercial Law Forum' started by David Meireles, 5 March 2016.

  1. David Meireles

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    Hi, everyone.

    I have been waiting for 4 weeks now my new vehicle, no news about it. Since I have family issue that affects my decision and the future of my business, I want to cancel the contract regardless of the fee involved, but I saw a line in terms and conditions of the contract of sale that says:

    Delays in delivery:

    The seller shall make every reasonable effort to make the purchased vehicle available for delivery on or before the delivery date stated in this contract. Where delivery is delayed more than 14 days, the purchaser may terminate this contract by notifying the seller in writing, unless the delay is caused by the purchaser.

    My question is, should I just walk in with a written letter and cancel the vehicle, or should I get a lawyer to write it for me?

    I can see them doing the stupid speech to avoid this contract being cancel and waste my time.

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi David,

    I would write a letter stating something to the effect of I terminate my contract for purchase of [the vehicle] entered into on [insert the date you signed the contract], pursuant to section [insert the section of the contract that allows you to terminate for delay] on the basis that the delay in delivery of the vehicle has exceeded 14 days. I request that the full balance of my deposit be refunded by [describe how you want the money to be refunded]. If they argue with you, consider speaking with a lawyer.
     
  3. David Meireles

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    Thanks, Sophea.

    Will follow your suggestion.
     

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