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QLD Australian Consumer Law - How to Remedy Misrepresentation of Information?

Discussion in 'Australian Consumer Law Forum' started by LaurenAnneS, 1 September 2015.

  1. LaurenAnneS

    LaurenAnneS Member

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    If the offerer tells the buyer that they believe something about the goods being sold and the statement is untrue (e.g. the offerer tells the buyer they believe a car is a 1948 model from what others have said to them and the buyer inspects it, yet after buying discovers it's a 1939 model), is it a statement of opinion or innocent misrepresentation? What is the remedy for this under Australian Consumer Law?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi LaurenAnneS,

    The problem is, you can't attribute everything an employee says to the product/service/business. However, this will depend on a number of factors, for example: if the officer is the senior managing director, then it's more reasonable to trust him/her; if the officer said "it's definitely the 1984 model, trust me", then you would have a stronger action.

    In any event, when purchasing this car/item, were you provided with any paperwork that contained misleading or false facts? If so, you may have some rights under Australian Consumer Law. The remedy under ACL is quite broad. It ranges from a refund, to repairs, to penalty for the business, to voiding the contract, to court involvement and compensation. It depends on what kind of resolution you're after and what is reasonable in the circumstances/facts.

    You can contact the QLD Fair Trading department for a chat to enquire about your specific situation. They also offer free dispute resolution services to help you and the business reach a resolution. However, there are some things outside of their power (e.g. if you're seeking compensation), so you'll need to go to QCAT for that.
     

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