VIC Australian Consumer Law - Is Customer Entitled to Compensation?
- Thread starter ianaglyphred
- Start date
I meant, our vet.
He sexes his snakes himself, we believe. So at the end of the day, it could be him trying to scam us. He also wants 100% guarantee on the sex of the animals plus the colour of them also.
Suspect ACL will apply as a commercial licence is involved.
But either way, ACL or common law, I don't think the sellers have to be concerned. An honest mistake is not applicable, there has not been a guarantee as to sex, buyer proceeded with sale knowing this. This is also likely to rule out the unilateral mistake. Sellers have not been deceptive (ie no misleading and deceptive conduct).
Determining the sex of snakes at a young age is not easy hence why sellers didn't guarantee the sex despite getting a Vet report. If the buyer relied on a vet report he never saw and refused to see, and which the sellers qualified, then the buyer is unlikely to be successful. Can't see equity helping the buyer as he knew, or should have known, about the difficulty of sexing snakes.
But either way, ACL or common law, I don't think the sellers have to be concerned. An honest mistake is not applicable, there has not been a guarantee as to sex, buyer proceeded with sale knowing this. This is also likely to rule out the unilateral mistake. Sellers have not been deceptive (ie no misleading and deceptive conduct).
Determining the sex of snakes at a young age is not easy hence why sellers didn't guarantee the sex despite getting a Vet report. If the buyer relied on a vet report he never saw and refused to see, and which the sellers qualified, then the buyer is unlikely to be successful. Can't see equity helping the buyer as he knew, or should have known, about the difficulty of sexing snakes.
Thank you. This is what we suspected but wanted outside opinion
We also discovered that it is actually a 'mate' of his that sexes his snakes. So a qualified vet vs a mate - not a good look.
Thank you for all your replies. You have been very helpful. We are going to tell the buyer very politely the facts and then where to go (not literally), but we will cease all communication with him.
Not sure that a PWL is a commercial licence?
I say that because there is a separate Commercial Wildlife Licence, of which there are several classes, including one for dealers.
Do we know the type of licence the seller has?
In any event, having a commercial licence is not per se probative of being in trade or commerce
for the purposes of the ACL.
For that, I'd also be looking for other indicators of being in business - such as those used by the ATO.
All private sales, all reptile licence holders have to do is submit paperwork for import/export to other states and wait for approval to send with the required flight paperwork.
True. But regardless of which law is applied, ACL or common law/equity, I can't see the sellers being at fault.
May I just also observe, even though I am behind a nickname. My name, shortened is Tim W lol
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