Fake XW GT sold, purchasers compensated?

[COOLHAND]

Not sure if this has been posted, couldn't find it in the forum....


Couple ordered to pay $108,000 compensation for selling Falcon GT later found to be fake

by: Mark Oberhardt
From:The Courier-Mail
June 07, 2012 1:40PM


AN appeal involving a fake 43-year-old Ford Falcon GT XW stalled on the grid today, bringing to an end one of Queensland's most unusual civil actions.

The tale of the phony high performance car had been the talk of legal circles because of the unusual aspects to it.

There was no suggestion a battling Gold Coast couple deliberately sold the GT Falcon 1969 XW as a fake but they were hit with a $108,000 damages bill by a judge last year.

Judge Wall accepted the couple had not known it was a fake when they sold it but ruled they were still liable for damages.

In the District Court at Southport, Judge Clive Wall ordered Joanne and Geoff De Rome pay the buyer Daniel Sammut the difference between what Mr Sammut paid for the car and its real value.

The damages also included cost of flights and towing plus interest, with court costs on top.

The court heard in 2006 the couple bought the car for $18,000 believing it was a genuine Falcon GT XW before restoring it.

In 2007, they placed a newspaper advertisement offering the car in original condition for $143,000.

Mr Sammut confirmed the vehicle's serial numbers with Ford Motor Company and checked there was no financial constraints on the car.

He also twice inspected the car before buying it for $90,000.

The court heard the car was towed to NSW in 2007 but in 2009, Mr Sammut sold it.

The new purchaser then discovered it was not a genuine GT XW and that it had probably been "rebirthed" from a 1970 model XY Falcon using a 1969 car's verification numbers.

Judge Wall accepted the couple had not known it was a fake when they sold it but ruled they were still liable for damages.

The De Romes then appealed and the case was set to be heard in the Court of Appeal in Brisbane today.

However, the De Romes withdrew their appeal by consent.

The abrupt end also caught court staff by surprise as the hearing was to be photographed as part of an historical package on the currents court building.

The Supreme Court Library is compiling the pictorial history for later generations as the courts will move to a new building next month.

But there was only 30 seconds of action before the appeal was dismissed and everyone left.



http://www.couriermail.com.au/news/c...-1226387512280

[GT0132]

Yep, the law looks to see who has caused the damage , not whether there was "intent" to cause damage. So, unfortunately, the couple who sold the car, unbeknown to the fact it was a fake, must compensate the new owners and pay their legal bill.

It is then up to the seller to seek compensation from the party that originally made out the car was not fake, assuming they can be found.

It never pays to be ignorant of the facts and always inquire if unsure

[GT450]

I find it interesting that the 2nd buyer was able to establish it's bonafides promptly but the first seller and buyer could not. We all know what a minefield it is with these cars and no stone should ever be left unturned in this regard.
It's a bloody tough lesson to learn though.
GT450

[PepeLePew]

Already being discussed here:
http://www.fordforums.com.au/showthread.php?t=11367773

[Brute 33]

So how much did he sell it for ?........and why was he not sued ?.....because he obviously sold it as a Genuine GT.....confusing....and why didn't the couple sue the people they got it from ? More questions than answers.

[Nikked]

You would think that, when it was originally restored any irreguarities would have been sorted...


But, in the end, the bloke owns a "genuine" GT in a way...having Genuine GT parts, plates etc...

He just needs to think of it as a re-shell lol

[flappist]

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