QLD private car sale problems

[Rhys1960]

I have sold a car privately a few months back not only to have the buyer come back at me stating I have sold the car under fraudulent/deceptive terms because it wasn't performing how it should. The key point being I stated the cars power was at a certain figure, mind you this information I gave was the information that was previously given to me when I purchased the car a year prior.

The buyer had a thorough inspection done prior to purchasing the car by a well known inspection company which was the only way he was able to purchase the car . I have stated back to him the "caveat emptor - buyer beware " . In term they are seeking legal compensation against me to modify the car to suit .

What id like to know is am I liable for this as i believe i haven't been misleading at all and provided all information i have known , or is the inspection company liable?I believe this person is just being difficult as prior to the car purchase I was at the point of backing out due to the stress they were causing me with the transaction .

 

[Matthew Karakoulakis]

Hi Rhys1960,

It really depends on how you stated the information to the buyer. It is hard to say who is liable now without knowing all the facts. However, if the buyer is claiming that you have been misleading, it is likely that they are going to rely on s 18 of the Australian Consumer Law (COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law). Maybe a read through of this article as well as it explains what is misleading and deceptive conduct concisely Advertising and selling guide - Misleading or deceptive conduct.

If you require any further assistance on this matter, please do not hesitate to contact me via the link below or at [email protected] to arrange for an appointment to discuss your options.

Matthew Karakoulakis, Melbourne Lawyer: Book Online