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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42965
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have just purchased a demo jeep from dealership 3 days ago

Customer Question

I have just purchased a demo jeep from dealership 3 days ago and it has 1500kms more than written on the contract of sale. What can i do about this as im not happy.
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Evening

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.

When did you discover the difference? Did you say anything at the time you collected it?

Customer: replied 6 months ago.
2 days after purchase. I work away so i didn't collect the vehicle, my partner did and she didnt notice. She resigned a new contract to purchase and the kms on contract are 1500kms less than what is actually on odometer. Also car car is supposed to be manufactured in 2015 as written on contract and told by salesman but is manufactured in october 2014 and compliance is 2015. Have asked salesman and his response was it is 2015 compliant so when you go to sell it it is a 2015 model. My research tells me that dealers will buy a car or trade back on manufacturer year not compliance year. Im not happy with being fooled whilst away at work and qould like to know where i stand with this and what i can do about it.
Expert:  Leon replied 6 months ago.

Good Evening.

This is going to be hard to prove.

You can complain about them to the Department of Consumer Affairs in your state but as there was no one checking and a new contract was signed and she took delivery it is deemed that she accepted it as it was.

The manufacture date is an issue for the dealer.

If they said and advertised it was a 2015 manufactured car and they sold you a 2014 car then it is misleading and deceptive conduct.

This also has to be in the contract. The salesman will deny anything that is not in writing and it is your word against his and difficult to win. The courts prefer documentation.

I hope this makes sense and is of assistance. If there is noting 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 6 months ago.
Its all written in the contract. Manufacture year 2015 and kms 7284.
Expert:  Leon replied 6 months ago.

Good Evening.

The kilometres were not checked when she collected the car. The dealer will argue the car did the extra after it left.

But the manufacturing information is what you can rely on and you have to do something ASAP

Customer: replied 6 months ago.
They have said the kms were not changed from the first time we test drove it in april and signed a contract subject to finance??
Im just sending the salesman an email and asking them to explain to me why these are different so i have it on paper before lodging a complaint. Also how do i go about making a complaint?
Expert:  Leon replied 6 months ago.

Good Evening.

What state are you in?

Customer: replied 6 months ago.
Western Australia
Expert:  Leon replied 6 months ago.

You lodge your complaint with the Department of Commerce.

Customer: replied 6 months ago.
I just received this reponse from salesmanThe vehicle that yourself and Emily purchased is a demonstration vehicle. We routinely update a demonstration vehicle’s odometer reading in our systems every few months, and it had been a few months since this was done for your SRT. The vehicle was delivered with 8671km, which was what was on the vehicle when Emily dropped it back to us after she took the car for an hour when she initially signed up for the car. Once the contracts were signed, the vehicle was locked up in our storage area and only touched by our detailing team, and nobody else.The SRT is a January 2015 compliance. All vehicles have two date plates: the build plate, which is fitted to the vehicle in the factory when it is built, and the compliance plate, which is attached to the vehicle when it clears customs and enters Australia. In WA, we refer to the compliance date when selling vehicles. All Jeep vehicles have a discrepancy between the two plates because of the time it takes to transport the vehicles from the factory to Australia. For all intents and purposes, your car is a 2015 vehicle, and when you go on to sell it, you will be able to advertise it as a 2015 vehicle.
Expert:  Leon replied 6 months ago.

Good Afternoon.

What does the registration paperwork say about the year of the car?

What they re saying about the odometer I was expecting.

Your wife should have inspected it at the time. Because she did not she cannot confirm what it was at the time she signed.

It is her word against theres and I suspect it will be too hard to be successful on this point.

If the registration documents say it is a 2015 vehicle as per the compliance plate and not the build date then they are correct on that point. As this is the law in WA.

If the registration papers say 2014 then they have sold you something you have not agreed on and you can rely on the registration papers. '