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Gold Coast motor dealer back in court for warranty issues

14 January 2020

A Labrador motor dealer has been fined $1,000 in the Southport Magistrates Court yesterday (13 January 2020) for making misleading claims to a consumer about a vehicle’s warranty.

Pravis Amiri, also known as Pablo Amiri, was found guilty of breaching the Australian Consumer Law after an investigation by the Office of Fair Trading (OFT).

The outcome  follows a hearing in the Queensland Civil and Administrative Tribunal in October 2019, where Mr Amiri was also fined $1,000 and had his motor dealer’s licence suspended for six months after he was found guilty of three breaches of the Motor Dealers and Chattel Auctioneers Act 2014 for other matters.

At today’s hearing, the court heard the OFT began investigating Mr Amiri in July 2019 after receiving complaints from two consumers.

In May 2019, Mr Amiri advertised a 2013 Volkswagen Caddy Van on Facebook marketplace with a $500, 12-month after-market warranty.

He sold the vehicle in June and it broke down soon afterwards. The buyer tried to make a claim under the warranty but found there was no warranty in place.

In the second matter Mr Amiri received a $1,000 deposit on a vehicle from another consumer but he subsequently did not provide the vehicle or refund the consumer.

In sentencing the Magistrate noted Mr Amiri had provided the consumers with refunds after the Office of Fair Trading had laid charges.

Fair Trading Executive Director Brian Bauer said Mr Amiri’s conduct was unprofessional and that the OFT took blatant disregard of consumers’ rights very seriously.

“When consumers are entitled to refunds they must be provided,” Mr Bauer said.

“The OFT website has information about the refund requirements of the ACL for both consumers and traders.”

Specific guidance on the legal requirements for motor vehicle sales and repairs is available from www.qld.gov.au/fairtrading or by calling 13 QGOV (13 74 68).