Western Australian Consolidated Acts

MOTOR VEHICLE DEALERS ACT 1973 - SECT 42A

42A .         Contracts etc. for sale of vehicles by dealer, form and content of

        (1)         This section applies only where a dealer sells a vehicle, other than by auction, to a person who is not a dealer.

        (2)         A contract or agreement for the sale of a vehicle —

            (a)         shall be in writing signed by the dealer, or his agent, and the purchaser; and

            (b)         shall contain the prescribed particulars, terms and conditions.

        (3)         Subsection (2)(b) does not prevent a contract or agreement containing, or incorporating by reference, other terms and conditions so long as they are not inconsistent with, and do not limit or diminish, those that are prescribed.

        (4)         Without limiting section 43(7) of the Interpretation Act 1984 , particulars, terms and conditions that are prescribed for contracts or agreements for the sale of new vehicles may be different from those that are prescribed for contracts or agreements for the sale of second-hand vehicles.

        (5)         A dealer or his agent shall not enter into a contract or agreement for the sale of a vehicle unless the contract or agreement complies with subsection (2).

        Penalty: $5 000.

        [Section 42A inserted by No. 4 of 2002 s. 63.]