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NSW Is Review on Used Car Dealer Defamation?

Discussion in 'Defamation Law Forum' started by Fazz, 8 January 2017.

  1. Fazz

    Fazz Member

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    Hi,

    I'm new to this forum.

    I put a Google review online for a used car dealer giving them 1/5 stars. A week later, the owner has called my dad and stated that he wants to sue me for defamation if I don't remove the review.

    I understand defamation running my own business but this is simply a review and 110% truth no lies. Is anyone able to tell me if I have to worry about this owner or should I be removing the whole review?

    Currently I have removed the writing part of the review but left the star rating at 1/5 stars. Below is exactly what I wrote "copied and pasted" from the review.

    P.S if I have done the wrong thing, can someone please tell me as I'd rather sort it out ethically rather than have people lie to me about this :(?

    Only one thing I have to say is lots of other users put reviews like this online at this place and other businesses and they don't get told to remove their review?

    If the business doesn't want reviews on their business then they need to not have a section online to place reviews. I have replaced the name of the business with "business name" so I don't display his business name for legal purposes. Anyways I'll let all users read my review below.

    "Only nice thing to say is they have a great variety of cars and they come say hi within 1-2 minutes.


    This is based on 3 times I have visited "business name", every time they want to talk prices and not listen to what I'm asking/car I want! I asked to test drive a car and this was the exact quote "Come back Saturday then once you've test drove it we'll talk prices then."

    Like the salesmen there don't have any customer service skills and dress in a hooded jumper :( turns me off, they can't even sell ice to an Eskimo!

    I don't have any experience with what their mechanics of the cars are like (didn't get that far to test driving or pre inspecting a car because of how they treat you!) so I have no comment on that.


    On another occasion they owner/manager was getting stuck into his receptionist as some random parked his car on their lawn and wanted her to tell him to remove it he was such a... about it! Turned me off!

    I walked out and never came back that guy has no mannerisms, customer service skills, ethics and most of all professionalism. I'm only just over halfway through my uni degree and have observed all the customer service mistakes you have done! Maybe that owner/manager needs to go back to uni and learn how to be a salesmen/business owner and treat his staff better!"
     
  2. Victoria S

    Victoria S Well-Known Member

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    Hi Fazz,

    Generally speaking while these statements are obviously damaging to the car dealer's reputation, and may be found to be defamatory at law, it is a defence if you can prove that what you have stated is true, and you haven't overstepped the mark just to be malicious. Only companies of less than 10 employees may sue for defamation.

    Here are two articles which may be of interest.

    https://www.lawanswers.com.au/blog/defamation-law-australia/
    https://www.lawanswers.com.au/blog/defences-to-defamation-in-australia/
     
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