The J-Spec Mileage Promise
Speedo tampering is rife in the Australian market to the point where more imports than not sold by Australian dealers have had their mileage wound back. See how importing yourself easily avoids this pitfall.Read more
More dodgy dealers facing the consequences of speedo tampering
July 29, 2014
The heat continues for dodgy dealers in Australia winding back the mileage. Despite being far too common, there are some stories of justice against Australian dealers selling cars with wound back mileage.
As well as some dealers getting into hot water recently regarding their licenses, below is an NCAT ruling against Khan Motorcar Co Pty Ltd and Prestige Auto Centre Pty Ltd in regards to a recent case where someone bought a car which had done far more mileage than what the speedo read.
You can see these documents below. These NCAT documents were sent to us courtesy the Facebook page of the good people at Japanese Odometer Check.
If you don't want to read all of that yourself, here are the salient points:
The claimant was awarded $18,526 in damages.
The odometer reading was changed on this car from 101,000km to 33,000km, with the Export Certificate playing a key roll in determining this, and the finding that this "misleading and deceptive" conduct resulted in "significant losses and damages" to the buyer. The car was valued and deemed to be worth approximately $10,000 less than with the wound back mileage the owner bought the vehicle with... or, to look at it another way, the dealer was ripping off the buyer to the tune of $10,000 by engaging in misleading practices.
Here's where it gets interesting. Clause 31 states:
"I am satisfied, on the balance of probabilities that the odometer reading was changed by the respondent or that a third party changed the odometer reading with the knowledge of the respondent in order to mislead or deceive the applicant."
What this is basically saying is that it was the finding of NCAT that they believe it was probably the dealer who was responsible for either winding back the mileage or was aware of it, and their "we just bought the car from someone in Japan and didn't know" is not a reasonable excuse.
"I reject the respondent's evidence that he is not provided with and does not obtain the required certification confirming the correct odometer mileage"
That is, pretending that an importer never received the Export Certificate is not a valid excuse or even necessarily truthful.
This comes on the back fo several recent newspaper articles and other dealers getting into trouble (and in some cases losing their license) due to speedo tampering. This problem is still rapant, but there is increasing knowledge of it taking place amongst the public, as well as ways in which they can be caught.
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