Western Australian Current Acts

MOTOR VEHICLE DEALERS ACT 1973 - SECT 35

35 .         Excluded defects

        (1)         A dealer may affix or attach to any second-hand vehicle offered or displayed for sale a notice, in the prescribed form, setting out with reasonable particularity any defect that he believes to exist in that vehicle together with, in relation to each such defect his estimate of the fair cost of repairing or making good that defect.

        (2)         If —

            (a)         a notice referred to in subsection (1) has, at all material times, been attached to a second-hand vehicle in the same manner as is specified under section 33(6); and

            (b)         at or before the time of sale a copy of that notice has been signed by the purchaser and upon the sale a true copy of that notice as so signed has been delivered to the purchaser for retention by him,

                then that defect is not one for which the dealer is responsible under section 34.

        (3)         If in any notice referred to in subsection (1) the amount estimated by the dealer as the fair cost of repairing or making good any defect is less than the amount of the fair cost of repairing or making good that defect the purchaser may sue for and recover the difference between those fair costs as a debt due to the purchaser from the dealer.

        [Section 35 amended: No. 4 of 2002 s. 60.]

        [Heading inserted: No. 4 of 2002 s. 61.]