NSW Unknowing Sold Different Car Model - Fraud?

[dave58]

Hi,

I've just sold a car that I genuinely believed was a 2015 manufactured 2016 model.

I've had this car for a year and had been made aware of this discrepancy 4 days after the transaction was complete. The buyer had called the dealership headquarters which verified the VIN.

I am just going back through the paperwork from when I purchased the car through a broker and financier and those documents mentioned it was a 2016 model car which i subsequently sold it as a 2016 model.

I've just thoroughly gone through the rego papers which note it is a 2015 model which I failed to notice when paying for rego. All my insurances note it was a 2016 model which I assume could have been dangerous.

Prior to the transaction, I had provided everything the buyers wanted and told them to conduct their searches as I would have. The day after they called me to request pick-up of the car. I understand after reading some threads that this falls under common law regarding fraud ? However noting the above, I myself was not aware of this fact until 4 days after the transaction had completed.

Wondering what leg I have to stand on.

Cheers,

 

[Lance]

Hi Dave,

Regardless of what you have said it would most likely be viewed as your error. I'm not sure what the buyer has asked for, cancelled sale/ price reduction. I would have a look at the price difference in redbook and to satisfy any issue with the buyer offer up the difference as a cash reimbursement. Or you can wait for them to take action against you, but as I said I believe the courts would see you in error.

 

[Tim W]

Hi,

I've just sold a car that i genuinely believed was a 2015 manufactured 2016 model.

I've had this car for a year and had been made aware of this discrepancy 4 days after the transaction was complete. The buyer had called the dealership headquarters which verified the VIN.

I am just going back through the paperwork from when i purchased the car through a broker and financier and those documents mentioned it was a 2016 model car which i subsequently sold it as a 2016 model.

I've just thoroughly gone through the rego papers which note it is a 2015 model which i failed to notice when paying for rego. All my insurances note it was a 2016 model which i assume could have been dangerous.

Prior to the transaction, i had provided everything the buyers wanted and told them to conduct their searches as i would have. The day after they called me to request pick-up of the car. I understand after reading some threads that this falls under common law regarding fraud ? however noting the above, i myself was not aware of this fact until 4 days after the transaction had completed.

Wondering what leg i have to stand on.

Cheers,
D

What does your buyer want?