Recently I’ve bought a used car from a lady in Jerrabomberra. It’s a BMW 320i 2009. The car was registered under her company name.
When I inspected the car, she said the car was equipped with a CD stacker. I believed her and did not test that. After I bought the car, I tried to load CDs into the CD stacker and could not do it.
I texted her to ask about that: “Hi R I don’t know how to load CDs into the CD stacker. The manual says the stacker is in the luggage area but I couldn’t find it. How did you do it. Thanks”
She replied to me: “Hey! I never used it, but you feed them into the dash. I think you push 1, load cd. Then push 2, & load cd and so on”. I kept the SMS on my phone as evidence.
I tried again but failed to load CDs in so I called her. On the phone she once again confirmed that the CD stacker was a standard feature of this BMW. Unfortunately I did not record this conversation.
Finally, after consulting with a BMW dealer, it turned out that the car did not have a CD stacker. They quoted me $2,500 to install it.
The lady refused to pay for that. She said she was not liable because she did not advertise it on the website. However, I know that in commercial law, verbal advertising counts. Therefore she has to be responsible for what she told me at the car inspection.
I brought the case to NCAT but at the hearing they dismissed my application because that was a private sale, not a car dealer sale. They told me that I had to lodge it at civil court.
Now the only proof that I have is the SMS between me and her. I am wondering if the SMS is strong enough to support me. It’s highly appreciated if anybody who had the same experience or know about commercial law could give me some advice. I also want to know what is the procedure and cost to apply this case to local civil court. Thank you very much.