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Fair Trading Act 1986

Consumer transactions and auctions - Layby sales

36D: Further disclosure if requested by consumer

You could also call this:

“You can ask the seller for more details about your layby sale agreement, and they must provide it for free”

If you want to know more about a layby sale agreement you’ve made, you can ask the seller for more information. The seller must give you a written statement if you ask for it. This statement will tell you:

  • How much the total purchase price is or was
  • How much you’ve paid so far
  • How much you’d have to pay if you cancel the agreement, or how much you had to pay if you’ve already cancelled it
  • How much you still need to pay, when you need to pay it, and how you should pay it

You can ask for this information when you first make the agreement or any time after that. The seller must give you this statement within 5 working days of you asking for it. They can’t charge you for this information - it must be free.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6156624.

Topics:
Money and consumer rights > Consumer protection
Previous

36C: Disclosure requirements relating to layby sale agreement, or

“Rules for sellers when making a layby sale agreement”

Next

36E: Risk in goods, or

“When you buy something in parts, the shop looks after it until you finish paying”

Part 4A Consumer transactions and auctions
Layby sales

36DFurther disclosure if requested by consumer

  1. In addition to the requirements of section 36C, the supplier must, if requested by the consumer (either at the time that the layby sale agreement is entered into, or at any later time), provide the consumer with a written statement that clearly sets out—

  2. the total purchase price that is, or (if the agreement has been cancelled) was, payable under the agreement; and
    1. the amount paid by the consumer as at the date of the statement; and
      1. the amount of the cancellation charge (if any) that, as at the date of the statement, the consumer—
        1. is required to pay to the supplier (if the agreement has been cancelled); or
          1. would be required to pay to the supplier (if the consumer were to cancel the agreement); and
          2. the outstanding amount (if any) that the consumer is required to pay to the supplier under the agreement, and when and how that amount is to be paid.

            1. The supplier must provide the statement to the consumer—

            2. within 5 working days after receiving a request; and
              1. free of charge.

                Notes
                • Section 36D: inserted, on , by section 23 of the Fair Trading Amendment Act 2013 (2013 No 143).