My partner purchased a 2004 BMW E53 two weeks ago but only picked it up yesterday from the car yard as it had to go through a road worthy and have something changed on the engine due to oil leakage. The point of sale contract was completed 2 weeks ago with the deposit but we had a new contract written up the day we picked it up due to the change of terms with the warranty offered.
The dealer made her sign a new contract and confirmation of transfer of change yesterday. We drive the car home and it seems fine. We take it for another test drive locally and the 'check brake lights' and 'check tail lights' warning comes on. We check everything and it seems OK. After some time in the day the check engine light is now on..
We want to return the car as we have no confidence with the vehicle and later noticed a lot more minor issues like heater not working on drivers side, a cigarette butt left in the ashtray and other minor defects.
Does the cooling off period apply when we paid for the deposit two weeks ago, or when we drove out of the lot yesterday, with a new contract signed with the change of warranty applied?
We are based in Victoria and have read through Consumer Affairs but would like a confirmation should the dealer fight back. As we see it, we have three day cooling off period from when a new contract was now signed and the car was driven out of the lot?
Thanks for reading and help!