Cancelling a "cabana" contract

Discussion in 'Legal Issues' started by kirags, 12th Nov, 2017.

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  1. sanj

    sanj Well-Known Member Premium Member

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    Still sounds like that would contravene the law as ultimately it's still a deposit by another name as no work has been completed and so it isn't a progress claim
     
  2. sanj

    sanj Well-Known Member Premium Member

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    Personqlly i don't really an issue with he initial deposit being potentially lost, it is the balance or the 50% upfront which is not only taking the **** but illegal. It also seems to be pretty exploitative as im certain there sre often council issues and it woildnt be rare to npt get approval, asking for the 50% deposit and saying no csnçellations allowed prior to receiving council sign off when they know there's a chance of rejection sounds like a smash and grab and i suspect they have gotten away with a few over the years
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    State laws are written to allow consumers certain rights and remedies to avoid unscrupulous traders. The trader has likely incurred no loss (other than opportunity) but that isnt relevant to a consumer right. Thats the game the traders subscribe to when they go into business and trade with a consumer. The legal issue is - What rights exist in this case ?

    Its like hanging up a sign that says - We dont give refunds. Its illegal and can result in serious penalties for any trader as it contradicts consumer rights. In some cases a refund is not allowed eg change of mind. However a refund is permitted in many instances and must be given. No credit notes, no restocking fee and the consumer may have right to choose between refund or exchange.