NSW Is my car, at time of purchase, legally considered new or used?

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Scruff

Well-Known Member
25 July 2018
925
135
2,389
NSW
Ah, I see. If you need the specifics then, you'll find them in the definitions in section 4 of the NSW Motor Dealers Act 1974 as follows:
demonstrator motor vehicle means a motor vehicle:
.... (a) that has not been sold to a person other than a dealer or wholesaler,
.... (b) that has been registered only in the name of any one or more of the following persons:
........ (i) any dealer or wholesaler or any person on behalf of any dealer or wholesaler,
........ (ii) any person in anticipation of the sale of the vehicle to that person, and
.... (c) that has not been used for any purpose, other than:
........ (i) a purpose in connection with its manufacture or sale, or
........ (ii) the purpose of demonstrating the motor vehicle to a potential buyer of that motor vehicle or a motor vehicle of the class to which that motor vehicle belongs.
second-hand motor vehicle includes a motor vehicle that has, at any time before being offered or displayed for sale, or sold, been registered, and includes a demonstrator motor vehicle.

Ref: NSW Motor Dealers Act 1974 - Section 4 "Definitions"
 
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Michaelh1957

Active Member
10 July 2019
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Apologies, i wanted the legal reference that says my demo is still considered a new car at time of purchase. I need to somehow prove this for my case. It relates to my Tribunal hearing against the car manufacturer. They claim that my car is considered used when I purchased it as a demo with 1027kms on it. If it is deemed as used, I can't pursue my claim through the Tribunal bc they have a max claim threshold of $40k. I would need to go to the local court who has a higher claim threshold. The manufacturer is counting on this bc of the financial impact on me. I should have phrased the whole question better. Thanks for helping.
A demo is not a new car it is classed by law as a used car. If you bought it in NSW you would have signed a Form 5 which is a used car notice. The new car warranty started when the dealer first registered it. You receive balance of new car warranty.