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NSW Ride away no more to pay?

Discussion in 'Politics, Laws, Government & Insurance' started by DJA, Jan 19, 2010.

  1. I recently purchased a bike for x amount of dollars, now the price I was quoted was Ride Away No More To Pay, now as far as I can see that means they pay for all stamp duty, there response when I enquired as to why the bike was not in my name was that Ride Away No More To Pay meant that I had to pay them nothing else however any government charges were up to me to pay. I am just interested in what everyone thinks/knows about this, I have made further enquiries and these have only reinforced what I originally thought, considering this is a large bike shop with stores across australia I would have expected far more from them

  2. Re: Ride away no more to pay??????

    More info please and next time post in the correct forum and name of the state you are in.
  3. yea also does ride away no more to pay also cover CTP for under 25`s as well?

    there is a large difference in price between u25s if u include them in your CTP

    im in nsw
  4. I dont consider it "puffery"

    Generally to ride it away legally it has to be registered - to be registered must have all stamp duty etc paid

    let me check the legal databases for some precedent and get back to you soon

    as a quick response but not a legal one carsales has this too say

    Drive Away No More to Pay - this price includes dealer and government costs borne by the consumer, such as stamp duty, dealer delivery (if it is a new vehicle) and accessories that are either factory fitted or dealer fitted on this particular vehicle. Other Costs associated with car insurance etc are not included unless stated. Drive Away prices are indicative only – government charges vary according to the purchaser’s personal circumstances (for example, postcode, driving history and how the purchaser intends to use the vehicle). Consult a dealer to determine charges applicable to you. On occasion, the provision by a dealer of both an Excludes Government Charges and Drive Away No More to Pay price may result in the Drive Away No More to Pay of a car being displayed which is over and above the price range you have entered. The reason for this is to enable a consumer to conduct an "apples with apples" comparison with any other Exc Govt. Charges vehicles on the website which meet the search criteria they have entered (eg: private seller cars).
  5. "The practice of using fine print or other qualifications to mention the existence of these additional fees and charges will not necessarily correct a misleading impression created by other more prominent elements of an advertisement".

    The exception is where the fee involves a reimbursement of a statutory charge or tax relating to the transfer of the vehicle which the purchaser would otherwise be directly liable to pay - for example, stamp duty, transfer and registration fees. Dealers may state that these sorts of fees are extra to the price provided:

    a) that it is not an all-inclusive 'drive away - no more to pay' offer; and

    b) the nature and amount of these fees are clearly and prominently disclosed in the advertisement; and

    c) that the payment of these sorts of fees are not a necessary precondition to the supply of the vehicle by the dealer to the purchaser.


    If you can prove you have a drive away no more to pay offer and you have accepted it then you dont need to pay anything else as that is the "offer" and you have "accepted"

    and we know that ACCC is consumer advocate king -- print that page and wave it at them --- and no they can not back out of the deal -- if they do tell them you want liquidated damages that although not a condition are however implied in the contract
  6. Sorry about posting in the wrong forum, it's in NSW, thanks for the replies, I will contact the shop see how it goes then perhaps escalate to fair trading :). All very helpful.
  7. I believe the legislation was brought in to force sellers to be uniform and clear in quoting prices, but if it is being applied with variation, then the legislation is able to be circumvented, or the perpetrators need to be brought to account.

    http://www.carsales.com.au/news/2009/clarity-in-pricing-confusion-15238 this is an interesting comment posted just as the regulation was brought in.
  8. I would email the shop --- send that link I gave you to the ACCC

    see what response you get -- that way you have a record of where they stand in writing which will work in your favour more because it will be a case of "they have written " - so its a record rather than "they said " which they could deny

    whenever you have an issue with a company or gumbyment always do things in writing --- email or if its snail mail always send it registered mail so it can be proven they received it
  9. If you signed a contract that has a bottom line figure without any notes attached to it then you are to expect that price and no more (the exception being if the government changes it's fee structure then there'll be a difference but a small one).

    I was in the same boat as you with a new car in 2002. The dealer agreed to a price, wrote up the contract, I signed, they signed, I paid the deposit then was told I'll take delivery in 3 days time. The next day they rang me and said I'll have to give them another $1,500. I refused of course then they said it'll have to be $750 otherwise I'm not getting the car. I stuck with my original line that it was the contract price and I'm not paying more considering they'd agreed to it the day before. In the end, the contract basically stated that they could pull out of the sale without any penalty (it doesn't work the other way though. I couldn't pull out of a purchase without them being able to hit me up for a penalty.) so they told me to come and collect a cheque as a refund of my deposit.

    If you have a bottom line figure without an asterisk (signifying there is small print to read elsewhere) or anything like that near it then your ride away figure is exactly that. Besides, ride away means exactly that. It doesn't mean "this amount plus some arbitrary extras". If your contract is the same as what mine was, your only options are to pay them extra or have them withdraw from the sale and refund your deposit. I don't think that involving the ACCC or anyone will do anything for you because you have a sale/purchase contract which states the terms and conditions.
  10. I think if it was advertised as such it would be a violation of the trade practices act at the very least. I'm not sure on this, but I believe the consumer protection laws of the TPA could apply, specifically section 53e would apply which, "prohibits a corporation from making a false or misleading statement about the price of goods or services. Prices includes a charge of any description". I think they would be obliged to sell you it at the advertised price.
  11. Additionally... I don't recall the exact clause of legislation regarding Trade Practices however there is a determination regarding advertised statements and fine print. In summary it says something along the lines that if the main statement is so all encompassing that no exclusions could be thought to apply, that any fine print attempting to exclude items is not enforceable.

    For example: a store advertises "50% off all stock!" they can't then have a little asterisk and a statement that the sale excludes product from manufacturer X. The word "all" is considered to be unequivocal and can only be taken to mean everything. They can however advertise "50% off most items", "50% off already reduced stock", or "50% off sale* (*excludes some items)".

    In the case of the OP the statement "Ride away - No more to pay" definitely falls under this clause as the word "no" cannot be interpreted to mean anything else other than "no". If you're still having issues with the business you're dealing with don't go to the ACCC, contact the NSW Department of Fair Trading as they are far more helpful when it comes to consumers and they will often contact the business directly within a short period of time to determine the problem and arrange a solution.

    Let us all know how you go and best of luck!
  12. What was the outcome to this?