Former Campbellfield motor car trader Emrah Sen has been convicted and fined for breaches of Victoria’s motor car trading laws and the Australian Consumer Law (Victoria).
Melbourne Magistrates’ Court found Mr Sen, 44, guilty of seven charges under the Motor Car Traders Act 1986, including that he failed to:
- comply with conditions on his company’s motor car traders’ licence
- disclose that he was advertising and selling a car on behalf of his company, a licensed motor car trader.
Mr Sen is sole director of Senler Pty Ltd (ACN 091 468 601), which held a motor car traders’ licence from 17 September 2004 until 17 October 2012, trading as European Prestige Cars. Conditions on the licence included:
- notify the Business Licensing Authority of any criminal prosecution outcome against it or its director within 48 hours of the prosecution being finalised
- not offer to sell, sell or otherwise dispose a car except to a licensed motor car trader.
The court found that Mr Sen knowingly permitted or authorised the company breaching these conditions.
On 7 July 2012, in Fawkner, Mr Sen allowed the company to sell a motor car and accept a $500 deposit from a private buyer.
From 6-11 July 2012, he caused an advertisement to be published on a car sales website under an alias, presenting as a private seller. The advertisement did not state that it was published on behalf of a licensed motor car trader.
Mr Sen negotiated a sale with a private buyer who responded to the advertisement and viewed the car at Mr Sen’s home. During the inspection, Mr Sen told the consumer to electronically transfer the deposit into a bank that belonged to Senler Pty Ltd.
Mr Sen did not disclose that the sale was being made by a licensed motor car trader.
Mr Sen also did not disclose that the vehicle was a repairable write-off due to storm damage when asked, and described it as ‘perfect’. The court found that he made a false and misleading representation under the Australian Consumer Law (Victoria).
Mr Sen was ordered to pay a total fine of $3000 and $1000 costs.
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