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QLD Australian Consumer Law - Sue for False Advertising of Car?

Discussion in 'Australian Consumer Law Forum' started by Phill, 5 January 2016.

  1. Phill

    Phill Member

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    Under Australian Consumer Law, can I sue someone for advertising a car that is not what they say it is (i.e.; AC cobra for sale 60.000 when in fact it is a replica, not an original!)?
     
  2. Rod

    Rod Well-Known Member

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    Did you buy the replica?
     
  3. Phill

    Phill Member

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    Not yet
     
  4. Rod

    Rod Well-Known Member

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    Then you have no cause of action. If you buy the car knowing it is a replica then you may not be able to recover costs.

    The law is there to protect people who have been ripped off. The ACCC or relevant state department may be able to take action before the sale but individuals/businesses cannot sue for potential losses they may incur, especially when they can take action to avoid the losses.
     
  5. Phill

    Phill Member

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    Even though he has it advertised as a AC Cobra not a replica ?
     
  6. Rod

    Rod Well-Known Member

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    Where is your loss? No loss, no damages, no case.

    We don't get to sue anyone/everyone we see breaking a law when there is no impact on us. All you can do is report them to the relevant authority.
     
  7. Tim W

    Tim W Lawyer

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    If you want a real Cobra, then don't buy the replica.

    And no, I don't see where you have any basis to sue anybody.
     

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