NSW Australian Consumer Law - Private Seller Misrepresented Car Advertisement?

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Chriz

Member
8 December 2016
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Wanted to get Australian Consumer Law help, please.

6 days ago, I bought a car that was advertised as a 2014 model. Throughout the whole carsales ad, the car was portrayed as a 2014 model and said the car still had a year warranty being a '14 model. Other links and checks on the site portrayed the car as 2014 also. His word was trusted. Had someone go do a road test, car was fine.

Yesterday, I discovered his purchase date of car was in October 2013 and the car was, in fact, a 2013 model. I contacted the seller to work out a refund of the money to the according year model and now a car with no warranty. He refused, claiming he made a mistake on the ad and it was tough luck I had bought the car, and I should have checked.

The wife had full knowledge the car was 3 years old and basically said " sorry, but you can't do anything now, you are stuck with the car".

I told him I want a full refund because the car was misrepresented and there clearly was deceit involved. I have never bought a used car before and believed his paperwork, advertisement and word in good faith.

Please help!
 

Lance

Well-Known Member
31 October 2015
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123
2,394
Hi,

The seller is bound by common law contract requirements. They cannot knowingly lie, misrepresent or deliberately / negligently omit information that would otherwise influence your decision to buy, such as the warranty that was lost by the year error.

Have a read of this blog and it might help you out with your question: Faulty Second Hand Car? Your Options as a Buyer - Legal Blog - LawAnswers.com.au
 
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Chriz

Member
8 December 2016
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0
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Thank you for your reply. I haven't transferred the car into my name yet. I am scared that I am accepting the car for that price and year model.

I am actually thinking to type a letter of demand for the balance of the car, so it is then priced accordingly. If there is no price agreement, I want to return the car if possible.

If I take it to local court, will I have a case? It did mention in the blog that in common law he has breached contract.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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You will likely have a cause of action. Mistaking the year of the car affects resale value and warranties which are both key terms of a contract.

And agree, a letter of demand is needed first. And put a reasonable time limit for them to respond by (ie not 24 hrs, and not as long as 30 days).
 
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