NSW Private seller of car falsley advertised wrong build year - Refund of deposit?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Lewis Dee

Member
23 April 2018
1
0
1
I put a $500 deposit on a 2017 private sellers car advertised on carsales and it turned out to be a November 2016 build year but compliance was in January 2017.
The seller purposely advertised the car as 2017 as it was listed as one. He knew it was the incorrect car because when I asked him via SMS if it was a 2017 he said it was built November 2016 but complied in 2017 (after I paid the deposit I asked him via text to make sure)... I then checked on carsales and the first thing it asks you when you want to sell a car is the Make, Model and then BUILD YEAR. And then you select the November 2016 option from the drop down box. He definitely clicked the 2017 model instead!!! Which is really misleading in my opinion.


If I had of known this I wouldn't of paid the deposit but it was too late at that point. He won't refund my $500 and I am not sure what to do now because I feel cheated. I have it in writing that he knew it was built in 2016 November and sent him the screenshots I have.I waited a week to tell him that I don't want the car because of this and even offered to pay for the ad to go back up. Do I have a case here??
 
Last edited: