NATALIE purchased a vehicle, sight unseen from a dealership in Sydney, trusting the dealership’s word that the car is in “immaculate condition,” and “there is nothing wrong with it”.

When the car turned up, Natalie was so excited and thought it looked great.

However, on closer inspection, Natalie realised the car had travelled 300 kilometres more than advertised, lacked promised features such as Bluetooth compatibility and was missing essential equipment like the run-flat tire inflator.

To add to her woes, the vehicle displayed a sensor warning light once it was travelling above 100km/hr.

When Natalie talked to the dealership, they stated that as the car was over 10 years-old the protection of the usual three-month statutory warranty did not apply.

However, Natalie did not accept this response and sought legal help.

Her lawyer, Tony, explained that under Australian Consumer Law (ACL), consumers are entitled to rely on representations made by sellers and the goods must be fit for purpose.

He further advised that the facts as described by Natalie, highlight that the car did not match the description and was not fit for its intended purpose.

Tony talked through Natalie’s options and the likely outcome if the matter progressed to Court.

The Court would need to assess whether the dealership’s representations were misleading and whether they failed to meet consumer guarantees.

An additional critical factor is whether a statutory required inspection report was provided by the dealer, which Natalie stated was notably absent when the car was delivered.

Further, the Court would assess the consequences of the misrepresentation, and in this case may find that the car warning fault codes and the missing run-flat inflator could affect the car’s usability.

Thankfully, a settlement was negotiated prior to any Court action, allowing Natalie to rectify the vehicle and safely drive-off into the sunset.

Thank you to Anthony Fogarty for his assistance with this column.

Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is not legal advice.

By Manny WOOD, Solicitor