My rights to cancel contract based on delivery promise

[VW Convert]

On the contract, I read that if the car is not delivered by 14 days of the delivery date, the buyer can cancel the contract. The estimated delivery date is the 30th of April, giving them approximately 10 days to deliver my car, but the car won't even be docked in Australia until the 28th of May.

Thanks!

According to the Motorcar Traders Regulation 2008, I should stand a very good chance with this because of the following:

Delays in delivery

3.

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

The only thing here that's possibly stopping me is that the delivery date is an "estimate" but I would think this would account for the 14 day period they have.

I don't know what you're waiting for, go to the dealership, see the sales manager, tell him politely that you want to cancel because they are unable to deliver the goods by the date specified in the contract and you are not prepared to wait. Most likely he'll say OK and make the necessary arrangements to refund your deposit.

No way are they going to involve lawyers, that's just a salesman bluffing because he wants his commission.

Cheers

George

[Kesh]

The best I have is the estimated delivery date on the top right which all the contracts will have. I suppose it's enough, happy to lose my deposit if it comes to it, but I'll happily voice my opinion on social media haha.

[Kesh]

Thanks mate,

I'm thinking of going in on the 15th as that's the cut off date so they can't pull anything else shifty, since I have 0 trust with any of them.

[Kesh]

Wish me luck today!

[Rooboy]

Good luck - hope you get a positive outcome.

[Mr T.]

Thanks mate,

I'm thinking of going in on the 15th as that's the cut off date so they can't pull anything else shifty, since I have 0 trust with any of them.

Good luck. You should be fine.


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[Kesh]

Success! Looks like they'll send the paper work to us and refund our deposit. Now onto a different dealer

[Mr T.]

Success! Looks like they'll send the paper work to us and refund our deposit. Now onto a different dealer

Well done.


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[Kachingg]

Congratulations you must be relieved
Now to find a good dealer!

[Kesh]

Yes! Now I'm on a new mission. Hopefully smooth sailing from here