Rules for lay-bys

A lay-by is an agreement between you and a customer where you:

  • agree on a fixed sale price and payment conditions
  • hold the goods until the customer finalises the payments
  • do not charge interest on the outstanding debt.

The lay-by can be anything from 1 week to many months. You and the customer are free to decide. You will then hold the goods for that period of time.

An agreement is a lay-by if:

  • the customer pays in 3 or more instalments
  • you call it a lay-by, even if the customer pays in only 2 instalments.

Terms and conditions

When you start a lay-by agreement, you must make sure the customer knows the terms and conditions.

Agreements must be in writing and should contain:

  • what goods you’re selling
  • how much they cost
  • how much deposit the customer paid
  • how long the lay-by will last (maximum)
  • what cancellation and refund policies apply.

Cancelled lay-bys

The customer cancels

If the customer cancels a lay-by agreement, you:

  • must refund the customer’s money
  • may charge a termination fee only if it was in the agreement.

A termination fee can only cover the costs of the lay-by.

You cancel

You aren’t allowed to break a lay-by agreement unless:

  • the customer breaks one of their terms
  • you close down
  • the goods are no longer available for reasons you can’t control.

You can’t choose to remove the goods from sale.

The customer is entitled to a full refund if:

  • you close down
  • the goods are no longer available for reasons you can’t control.

Office of Fair Trading

Go back to Office of Fair Trading home.

Sales practices guide

Read the Australian Consumer Law sales practices guide to understand the rules for different sales practices.

Follow the law

Use the Small business self-assessment checklist to make sure your business is following the law.

You'll learn about:

  • the Australian Consumer Law
  • your rights and responsibilities when dealing with customers
  • where to get more information.

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