Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

New car tax 1st July

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
DJZ View Drop Down
Newbie
Newbie


Joined: 19/June/2017
Location: Australia
Posts: 2
  Quote DJZ Quote  Post ReplyReply Direct Link To This Post Topic: New car tax 1st July
    Posted: 19/June/2017 at 16:59
Hi there,

Just a quick question, I recently put a $500 deposit on a new car subject to finance. The deposit was of coarse to lock in the price, however I was recently informed by the salesman that if I did not receive the funds before July 1st I would be slugged with the governments new car tax.

Now I understand their positition however as this was mentioned after the signing, in fact a week after and it's not on the contract at all. Would this mean a new contract would have to be written as it's a new price making the contract null and void?

The fact is I can't pay anymore and it's not what I signed to, wouldn't that mean I can walk away and get my $500 back if they want to charge me this tax?

Thanks to anyone that can answer this for me.

citizen181 View Drop Down
Senior Member
Senior Member
Avatar

Joined: 02/February/2012
Location: Australia
Posts: 668
  Quote citizen181 Quote  Post ReplyReply Direct Link To This Post Posted: 20/June/2017 at 13:51
I'll leave it up to the commercial experts to go into the detail, but as I understand it the signed contract should hold the price at the pre tax upgrade rate, being that the only condition, unless there is small print, is that it is conditional on you getting finance.

As for you right to cancel the contract before delivery, or even after, consumer protections give you that ability, however, the question of you getting your deposit back is a little murky.

Normally speaking you should get your deposit back, however, some dealers either write into the sales agreement that deposits are non-refundable or will enter into a verbal agreement that that is the case there are also "penalties if you change your mind when the finance is arranged or facilitated by the dealer.

This again is an area of law that can have different outcomes depending on your individual circumstance and you are best served contacting your local consumer protection agency.

But really, there are 10 days to go before the end of the month so it shouldn't really be a problem, should it and I assuming you're in Victoria, it's an extra 1% and not meaning to be rude but if you're buying a car where you can't afford an extra 1% in Stamp duty you have bigger problems than a $500.00 deposit.

Edited by citizen181 - 20/June/2017 at 13:58

DJZ View Drop Down
Newbie
Newbie


Joined: 19/June/2017
Location: Australia
Posts: 2
  Quote DJZ Quote  Post ReplyReply Direct Link To This Post Posted: 20/June/2017 at 14:49
Thanks for the info,

In regards to paying extra maybe I should have been a bit clearer, when I say I can't pay more I guess it's more the case I refuse to pay more especially if my rights say I don't have to.

And before I get judged again I have already had a dispute with them over the price I was given the first time I went in to the second price I was given the next time I went in... anyway it's a long story but it basically now comes down to principal, if the law says I shouldn't have to pay then 500 is better in my pocket right!

Cheers.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.