New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 74

74 No dealer guarantee for second-hand motor vehicles where defect notice and inspection report attached

(1) The dealer guarantee does not apply to the sale of a second-hand motor vehicle if the requirements of this section are complied with.

(2) A motor dealer who offers or displays for sale a second-hand motor vehicle (other than a motor cycle) complies with this section if--

(a) a dealer's notice containing a defect notice specifying the defects and condition of the motor vehicle, and a current inspection report, are attached to the motor vehicle at all material times when the motor vehicle is offered or displayed for sale, and

(b) at or before the sale, the motor dealer and the purchaser sign the dealer's notice, or a copy of the notice, and

(c) the motor dealer gives the purchaser the notice, or a copy, to keep.

(3) A motor dealer who offers or displays for sale a second-hand motor cycle complies with this section if, at or before the sale--

(a) the motor dealer and the purchaser sign a dealer's notice containing a defect notice specifying the defects and condition of the motor cycle, or a copy of the notice, and the motor dealer gives the purchaser the notice, or a copy, to keep, and

(b) the motor dealer gives the purchaser a current inspection report, or a copy, to keep.

(4) The dealer guarantee continues to apply to a defective vehicle, despite this section, for a defect that--

(a) is not specified in a dealer's notice under this section, or

(b) is so specified but that is not also specified in an inspection report given under this section.

(5) The purchaser of a motor vehicle that is not subject to a dealer guarantee because of this section may recover, as a debt due to the purchaser by the motor dealer, the difference between the reasonable cost of repairing any defect specified in the dealer's notice and the amount estimated in that notice as the reasonable cost of that repair.