NSW Misleading and Deceptive Conduct in Private Car Sale?

Discussion in 'Australian Consumer Law Forum' started by Alfred Farrugia, 10 July 2019.

  1. Alfred Farrugia

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    In November 2018, I came across a vehicle on Facebook for sale, the car ad was titled "BOSS XR8 290". I liked the car and proceeded to make contact with the seller, one thing leads to another and I purchased (regretfully) the vehicle.

    The next day, I put a picture up on Facebook of the new car and about 5 mins after I put the picture up, I was contacted by someone who informed me that the car I purchased was, in fact, a non-genuine, replica vehicle worth about 5k, I purchased the car for 20k under the impression it was original. This person was good friends with the person who did the rebuild and sent me multiple photos of the car being rebuilt using parts from a different car. After being told this, I contacted the seller telling him I want my money back because his ad was deceptive and misleading, he hung up on me.

    I did some more digging and gathered a lot of evidence against him, I found proof that he knew about the car not being original when he purchased it and I was sent screenshots of people contacting him when he was trying to sell it for a massively inflated price of 20k on facebook telling him that it is not real and not worth anywhere near what he is asking. He ignored all this information and continued to advertise it as an original. At no point did he mention anything about the car being a replica and at no point in his ad did it indicate it was not original. He purchased the car as a replica for 4k then sold it 3 months later as an original.

    Anyway, I served a statement of claim against him, no response. I applied for default judgement and won the case, tried multiple enforcement methods. The sheriff was going to his house to take property when months later he applied for the judgment to be set aside and the enforcement stopped until court.

    Given the evidence I have, just about everything you could imagine, does he stand a chance in court? The only possible defence I imagine he could use is the buyers beware act, which from the research I have done does not cover car fraud and does not cover someone being deceptive in order to get a sale. He might also say he had no knowledge of the car not being original which I can easily prove him wrong.

    So does he have a chance? In my eyes, this is a clear case of benefit by deception do you agree?
     
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