Dishonest motor dealer and speedo cheat in court

18 January 2021

A Calamvale man has appeared in court for misrepresenting the odometer reading on a motor vehicle and for not identifying himself as a motor dealer when selling a vehicle.

Ahmed Khodr Yahia pleaded guilty to two charges after being investigated by the Office of Fair Trading (OFT) for falsifying the odometer reading on a 2014 Isuzu D-Max, and for not providing the consumer the guarantees of a motor dealer at the time of the sale.

On 8 January 2021 the Holland Park Magistrates Court heard that Mr Yahia bought the car from a dealer for $13,094 in August 2018 with an odometer reading of 353,087km.

Later that month he sold it for $22,000 with an odometer reading of 62,152km, more than 287,000km less than the original reading.

The court also heard that at the time of the sale Mr Yahia portrayed himself as a private seller despite holding a motor dealer licence. A motor dealer is required to provide the customer with a statutory warranty and cooling off period.

In sentencing Magistrate Simon Young noted the offence was a deliberate and conscious act done with a high level of dishonesty. He also observed that changing the odometer was serious as it is difficult to detect. Mr Yahia was fined $5,000.

Fair Trading Executive Director Brian Bauer is warning motor dealers of their obligations to abide by the law and of their duty to act honestly in their dealings with consumers.

“Motor dealers suspected of selling cars in this manner will be pursued by the OFT as this type of trading is not tolerated,” Mr Bauer said.

“Licensed motor dealers are expected to meet high standards and deliberately misrepresenting themselves to the public by pretending to be a private seller is not acceptable.

“Additionally, cars with tampered odometer readings are high risk vehicles because they do not receive the correct servicing and replacement parts they need when they are due.

“Odo tampering impacts the safety of the vehicle as well as its value and that is why it is against the law.”

“Mr Yahia is no longer licensed as a motor dealer and the OFT has recorded his lack of suitability for licensing into the future.”

If consumers believe they have been misled by a motor dealer, they are encouraged to lodge a complaint with the OFT online at http://www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).

Further information about buying a car is also available on the OFT’s website.