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Offline mondi

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Not all mechanics have an LMCT

So does that mean they can sell on  consignment legally then???



Offline Aircon

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So does that mean they can sell on  consignment legally then???

I can't think of a reason why not... But that doesn't mean much
I love my car. Buy your own



Offline 360c

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Not all mechanics have an LMCT

Hence "Advocaters" who don't need to worry themselves with silly little inconveniences like consumer protection laws :rolleyes:



Offline mondi

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I can't think of a reason why not... But that doesn't mean much

Actually if you read the(old) licensing laws regarding LMCT in Victoria you were not supposed to sell a car without a license, hence you shouldn't have been selling it privately. But imagine if they went after everyone that sold a car privately?? If you sell more than a few a year that's when they start looking into you closely and I think the fine is about $10k per car.



Online allanuber


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Actually if you read the(old) licensing laws regarding LMCT in Victoria you were not supposed to sell a car without a license, hence you shouldn't have been selling it privately. But imagine if they went after everyone that sold a car privately?? If you sell more than a few a year that's when they start looking into you closely and I think the fine is about $10k per car.

The section of the Act you pasted in above seems to say it's Motor Dealers who cannot consign, not private sellers who don't own the car and selling on behalf of others?
C'mon, do it!



Offline mhh

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I'm unclear about how consignment laws work in Vic. Surely many of the cars Duttons have for sale aren't owned by them for example.



Offline mondi

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The section of the Act you pasted in above seems to say it's Motor Dealers who cannot consign, not private sellers who don't own the car and selling on behalf of others?

I remember years ago when I started applying for the LMCT, they wouldn't put in writing a definition of how many cars you could trade before you needed an LMCT. It was an unwritten rule that you could get away with 3 or 4 a year. The Act has now been updated to specify that if you deal in four or more vesicles a year you need to be licensed. But that includes Buying, Selling or exchanging. So if you Buy 5 vehicles in a 12 month period you could be deemed as a Trader.

Quote
Definitions - motor car traders

The term ‘motor car’ has a broad legal meaning.

Specifically, a motor car is a vehicle used (or intended to be used) on a roadway and built to be propelled by a motor that forms part of that vehicle. For more details, refer to section 3 of the Road Safety Act 1986.

Motor car trader
Motor car traders are individuals, partnerships or companies who buy, sell or exchange motor cars.

When you need a motor car trader's licence
Generally, if you deal in four or more cars per year, you need a licence. In some circumstances, you need a licence if you deal in fewer than four cars.

Back when I was importing and selling, we didn't have Carsales or that many resources on the internet, cars were advertised in the Trading Post. The other LMCT's would cut out your Ads and dob you in to the Licensing department. :p

But to answer the question, I can't find a lot of info on Privately selling cars on someone else's behalf. The only issue I see is that it would go toward your "Sell" count for that year.

I'm unclear about how consignment laws work in Vic. Surely many of the cars Duttons have for sale aren't owned by them for example.


The Consumer Law is pretty black and white on this, unless they have a loophole I don't know how they do it, if they are in fact selling on consignment.



Online Andy@MMRT


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I'm unclear about how consignment laws work in Vic. Surely many of the cars Duttons have for sale aren't owned by them for example.

The car I tried to buy from Duttons back in 2015 wasn't theirs, I assumed it was under consignment.  Too much information missing so I passed on the deal. 



Offline mondi

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Also, I'm  pretty sure that anyone involved in the automotive industry here in Vic can't sell any cars unless they have an LMCT.

I doubt that anyone in this situation could claim they are selling "privately" if they are a mechanic, body shop, wrecker, etc, etc.



Offline mondi

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The car I tried to buy from Duttons back in 2015 wasn't theirs, I assumed it was under consignment.  Too much information missing so I passed on the deal.

Smells dodgy!!

Quote
s.36(2)

You must not sell a motor car by consignment, or offer to sell one by consignment; or have a motor car in your possession for the purpose of selling it by consignment.

100 penalty units

One penalty unit = $155.46



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