Boat deposits aren’t small. $5,000–$25,000 is normal on a new vessel order, and on premium custom builds it can be six figures. When the dealer takes that deposit and then can’t deliver the boat, can’t deliver the spec you ordered, or just goes quiet — you have very specific legal rights and a clear sequence of formal steps.
If you haven’t sent a Letter of Demand yet
That’s step one. A Letter of Demand ($49) gives the dealer a clear, formal demand to refund the deposit within a specific deadline, citing the contract terms and the consumer guarantees in the Australian Consumer Law.
The Final Demand
When the Letter of Demand has been ignored, the next step is a Final Demand. It does several things at once:
- References your prior demand and the missed deadline
- Sets a final, shorter deadline (typically 7 days)
- Names the specific tribunal application that will follow
- Notes that the dealer’s licensing authority will be put on notice — most states regulate marine dealers under consumer-protection or fair-trading legislation
- Names the bodies that will be notified: state Fair Trading, the ACCC, and any industry body the dealer belongs to
That last point matters. Marine dealers operating in Australia generally hold dealer licenses subject to state oversight. A complaint to the licensing authority can trigger a license review.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Where should we send it?
Custom-build vs stock boat distinction
The legal position is slightly different depending on what you ordered:
- Stock boat — dealer simply hasn’t delivered. Refund is straightforward. Dealer will sometimes claim “you cancelled” — the burden is on them to prove a valid cancellation by you.
- Custom build — there may be partial work completed by the manufacturer that the dealer has incurred costs on. You’re entitled to your deposit back minus reasonably-incurred actual costs (not the full deposit retained as “penalty”). Penalty clauses are not enforceable in Australia.
- Manufacturer collapse — if the manufacturer has gone into administration, the dealer is still on the hook to you under the ACL. Their loss with the manufacturer is their problem.
What Claim Done’s Final Demand covers
- Reference to your prior Letter of Demand and date sent
- Boat order details (make, model, configuration, deposit amount, payment date)
- Contract terms breached
- Demand for full refund (or refund minus legitimate documented costs)
- Final deadline (typically 7 days)
- Specific licensing authority that will be notified
- Tribunal jurisdiction the matter will be filed in
Flat $49 fee. Sent to the dealer.
If the dealer still won’t refund
Tribunal application ($97 plus state filing fee) is the next step. The Letter of Demand and Final Demand both go in as evidence.
Send a Final Demand. Last step before tribunal.
No card until the end. No subscription.
What happens when you send a Final Demand
Same problem. What a prepared case looks like.