How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44135
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

I have a question regarding motor vehicles being bought from

Customer Question

Hi I have a question regarding motor vehicles being bought from a motor vehicle dealer under finance from a finance company. I purchased a vehicle from a motor dealer the dealer did not pay stamp duty or transfer the registration within the fourteen days allowed by the dept of transport, in fact the registration was never transferred and the dealer closed up shop hence the vehicle had to be roadworthied by myself and all stamp duty etc paid by me to get the vehicle registered. Also the dealer sold the vehicle to me with a dodgy roadworthy certificate (the vehicle was not roadworthy at the time of sale) he also supplied an invoice for the car to the finance broker on the day of the sale with an odometer reading 10000kms less than what was actually on the car. the dept of transport investigated the roadworthy the dealer had on file and had not supplied to myself or the finance company at the time of sale of the vehicle( found the roadworthy to be fraudulent) queensland police has since charged the dealer over the condition in which the vehicle was sold. sale price of the vehicle was $38,990.00 costs to me to get the vehicle roadworthied was $5,500.00 approx. the dealer blatently lied to myself and my spouse and the finance company about the condition of the vehicle at the time of sale. the finance company has since told me they don not care what condition the vehicle was sold in or wether the dealer was fraudulent at the time of sale. my question is does the vehicle being sold in an obviously fraudulent manner VOID the contract for the loan on the vehicle. meaning can I hand the vehicle back to the finance company and have all moneys paid by me on the vehicle repaid because of the fraudulent manner in which the vehicle was sold. thankyou
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

The Stamp duty should have ben part of the price and the car should have been registered ion your name before pick up and evidence should have been provided.

They may have lied but you as the purchaser should have made your own enquiries. The law is Buyer Beware.

You have a right to sue the dealer for false and misleading conduct and seek to get your money back.

QCAT is where you would start the action.

But you have to sue it is not automatic.

Once you get your order then you can enforce it and try and get your money back.

Here is some information.

https://www.qld.gov.au/law/your-rights/consumer-rights-complaints-and-scams/consumer-advice-rights-and-responsibilties/avoiding-unfair-business-practices-as-a-consumer/avoid-false-claims-about-products-and-services/
Also report them to the Department of Consumer Affairs.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
does the vehicle being sold in such a freudulant manner void the contract for the loan of the vehicle
Expert:  Leon replied 1 year ago.

He has breached the contract.

But this does not make it an automatic refund. You have to sue for the breach and his conduct was fraudulent false and misleading.

The law protects you but you have to sue to enforce it.

Customer: replied 1 year ago.
can I sue through QCAT and have them make a decision as to wether the loan for the vehicle should have gone ahead or not. I cannot see how this loan should have gone ahead when he not only lied to me but also the finance company about the condition of the vehicle, odometer reading etc.
Expert:  Leon replied 1 year ago.

Good Morning

You start your action in QCAT.

The loan is different. You are liable for that.

But the money that was paid to the car company has to be repaid and you would seek that they also pay all other costs you have incurred including the cost of interest on the loan and any early payment penalties.