Just a question. If you purchase a car that is listed as a GT by a registered car dealer and not told its a GT clone and then you discover after you purchase it that it is a GT clone are you covered buy the consumers guarantee act?
bwg11,
Oct 7, 6:13am
have no personal experience of such misrepresentation, but I would expect you would have a very strong case. if it is a Falcon there will be many thousands of dollars between a clone and genuine. I would return the car and demand cash back. I'm sure no dealer would want the publicity of such deliberate misrepresentation. Be aware though, dealers can't be expected to be aware of the subtleties which define a genuine from a good clone - the dealer may have been tucked too - but that will not alter your case.
intrade,
Oct 7, 6:17am
well did you exclusively ask for if it was a Gt and make it clear that that was the main reason you would buy the car? Or did you just find out after you did not like the car to find a possible reason to now not longer wanting it?
hll1974,
Oct 7, 6:22am
Thanks for the reply, it is a classic car and it came with all the history/paper work from when it was first imported. After going through all the paper work which was a lot, and took some time, some pages were found stating what was done to the car to make into a GT. Its registered as a GT on the registration. I don't think the dealer went through the paper work.
mber2,
Oct 7, 6:29am
If you got it cheap and like the car then say nothing and tell everyone it is a GT
hll1974,
Oct 7, 6:32am
It was listed by them as a GT and its registered as a GT so you would assume it is a GT. And no I didn't find out after I did not like the car. If you have anything useful to add please do so. Thanks
msigg,
Oct 7, 7:37am
I would go back and ask them, there is a difference in that the data plate will not have the correct numbers for a GT, everything else may be Gt but that won't correspond to the factory plate. They are probably covered because of the registration but should have done other checks, You certainly would if it is an expensive vehicle.
rbd,
Oct 7, 9:26am
Ford GT? I'd be peeved. Did you buy a Taurus thinking it was a GT?
curlcrown,
Oct 7, 9:33am
If it is registered as a GT it is reasonable for the dealer to describe it as such. If it goes to court it will come down to what is reasonable. At first it seemed like you might have a strong case but if it is registered as a GT it weakens your case considerably.
bitsy_boffin,
Oct 7, 10:33am
First, approach the dealer.
Remember, the dealer may be no wiser on the situation than you were when you bought it, they might, probably do in fact, believe it to be the real deal.
I am sure that most dealers of good standing and reputation would be quite concerned if they had misrepresented a vehicle, accidentally or not, and would put it right, refund and accepting the vehicle back would be the best course of action, or agreeing a partial refund if you still want the vehicle but just not at the real-deal price.
But yes you certainly do have a case, under the Fair Trading Act, and the CGA, it's been materially misrepresented, if you would not have bought the vehicle at the price you paid if you had not been under the impression it was a legitimate GT.
jmma,
Oct 7, 11:06am
Probably should have done the checks before purchase maybe :oP
tony9,
Oct 7, 11:27am
Probably should have read the thread before jumping in. The info came to light after going through all the paper work that came with the car.
OP, you need to first discuss the situation with the dealer, and give a clear indication of what you are looking for.
chrisdunn,
Oct 7, 2:34pm
What kind of GT is it?
gunhand,
Oct 7, 2:42pm
Yes you have to be very careful with GTs, Not knowing which GT we are discussing I will use the good old GT Falcon as example A. There were only about 750 (from memory) GTHOs made yet 900 still exist.
tgray,
Oct 8, 8:11am
Registered as a GT? Are you sure it is not a GT? What year and make it is?
westwyn,
Oct 8, 5:28pm
Any claim of misrepresentation around this will be under the Fair Trading Act, not the Consumer Guarantees Act.
hll1974,
Oct 9, 3:35pm
Yes you are correct, it is a misrepresentation under the fair trading act and not disclosing the car is a replica GT.
hll1974,
Oct 9, 3:38pm
Thanks for all the response it has been very helpful. I'm in discussion with the car dealer. Sorry I can't state what the car is but I appreciate all of the feedback.
kazbanz,
Oct 13, 9:59am
hil- You know and the dealer knows that the vehicle in question was misrepresented. Clearly there was no intent on their part to misrepresent or (cynic here talking) the particular bit of paperwork concerned would have been "missing" from what you were presented with. So the question is -what are YOU expecting to happen now? Money back as you specifically wanted a "GT" with the providence associated with that. ? A price adjustment as it is not of the same value as a GT? If A then contact the dealer and make it clear.-But don't drive the car IF B then you need ducks in a row to establish the difference in value between a genuine "GT" and the actual vehicle you have. This will entail getting valuations carried out I feel. Guts is -I don't think the dealer set out to rip you off
db.price,
Oct 13, 11:04am
Even if they didn't set out to rip him off ignorance is no excuse and they will still be liable under the CGA to correct the issue - they cant fix it so will need to refund the money paid and take back the car.
kazbanz,
Oct 13, 11:47am
Sorry but you are missing the point. We don't actually know what the OP is thinking at this stage do we? Were they looking for a nice vintage (lets say) Toyota corolla and spotted this mint example with lots of paperwork that happens to be a GT ? --if so maybe its a perceived value issue--ie a mint GL is worth $15000 but a GT is worth $18000 so a payment of $3000 would be fair an reasonable compensation that might be what the OP would be happy with OR were they specifically out wanting a genuine pukka Toyota Corolla GT ? so no matter how nice a GL with GT badges was it will never be the genuine item so I agree the only option would be money back. I know Im splitting hairs but its not actually a CGA matter. Its a FTA matter. This should never go any further than the dealer manager so its academic anyway
db.price,
Oct 13, 11:55am
True - hopefully the dealer will come to the party and sort it out - either via a refund or a reimbursement.
hll1974,
Oct 17, 4:15pm
Yes the dealer has given me a full refund. It took over a week to receive the refund but I am grateful. It shows that some dealers who sell classic cars can also get caught out not knowing the car is a replica. Thanks for the feedback everyone.
lusty9,
Oct 18, 1:27am
dealers don't really spend too much time writing thesis' and reference checking particular vehicles. Only particular dealers selling collectibles and the likes. I'd say he/she sold it based on the rego sticker. It's good to see the seller refunded, I suppose dragging his/her reputation through the mud before the fact was a bit much.
noswalg,
Oct 18, 2:54am
No reason now why you can't tell everyone what the car was then? I'm sure I'm not the only one that wants to know, good outcome by the way.
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