If the client`s staggered payment does not cover the termination fee, you have the right to recover the outstanding as a debt. This should be clearly stated in the Lay-by agreement, along with all other details of the termination fee, so that your commitment to have a transparent agreement is respected. Layby`s sales are covered by the Fair Trading Act. The law applies to all Layby sales contracts for property that costs $15,000 or less and will be entered into as of June 17, 2014. Layby`s sales prior to that date are still covered by the Layby Sales Act 1971. If the contract contains all three of these characteristics, it is a “Layby sale,” whether or not it considers itself one. If you sell goods or services and they are paid in installments, but the fees (except cancellation fees) or interest are included, this may be not only a Layby sale, but also a credit contract. 5 When a consumer terminates a lay-by contract, the supplier has the right to recover a reasonable termination tax. This amount may be withheld by any money repaid to a consumer or recovered by the consumer if the total amount paid by the consumer under the Lay-by agreement is not sufficient to cover it (s 99 (2) ACL). If the sales process matches this description, it is defined as Layby. Retailers cannot make up other names, such as “Ratendeal,” simply to evade their legal liability. A customer may revoke the Lay-by contract at any time prior to the delivery of the goods.
If the customer terminates the Lay-by contract, you must refund to the customer all the sums paid, net of the termination fees clearly defined in the Lay-by contract. Apart from the termination tax, you are not entitled to damages or other corrective measures to terminate the Lay-by contract. If you cancel, the seller must immediately refund you all of the money you paid under the Layby, minus the possible cancellation fee. You may have to pay a cancellation fee if the contract states that a payment is (see below, “How much can I be charged for the cancellation?”). Retailers are also at risk of being sued by the Commercial Commission for non-compliance with Layby`s sales requirements. Penalties for infringement are $10,000 for an individual and $30,000 for a business. If the seller cancels, your right to refund and the seller`s right to pay other payments will be the same as if you cancelled it (see above, “Can I get a refund if I cancel the Layby?”), except that the seller can only charge a cancellation fee if he cancels because you did not comply with the terms of the contract. , not if they resign for any of the other reasons. If the seller is declared bankrupt or went into liquidation or bankruptcy and still disposes of the assets, you have the right to close the sale by paying within a reasonable time what you owe under the agreement.