What about a dealer for example who makes a MM Re-fake - does a dealer need to tell the buyer it's not genuine?
They should, but I doubt they would. I guess like all things its a case of buyer beware, do your research before handing over your cash.
Buyer beware doesn't cut the mustard when a company or person in business is selling. The Australian Consumer Law and state Fair Trading Acts all impose obligations, such as a prohibition against misleading or deceptive conduct - and silence can be misleading or deceptive conduct in the appropriate circumstances.
Definitely a slippery slope that one....
It all comes down to what the seller, be it a 'professional dealer', reseller, backyarder etc discloses at the time of the sale.
If the seller is open and honest and sells the machine / puts on their invoice / a full description that the machine is NOT original but instead a NBA Fastbreak rebuilt into a Medieval Madness with repro parts, then there is no issue whatsoever.
If the seller does not do this and remains silent on the fact, or claims its an original MM then they
may be obtaining property by deception (serious indictable offence in Victoria - similar legislation in other states). No different to someone building an old XW falcon. If they buy GTHO parts and call it a replica then no issues. If they try to sell it off as an original GTHO, then falls into the same category.
Even those people building / working on the machines,
if they are aware that they are going to be sold as a rebirthed machine, without the fact being disclosed to the potential seller, then guess what.....your in it too....
I did see an advert recently for a machine where serial numbers were mentioned and this should be checked. Very valid point and absolutely correct. Although these can be remade on modern WMS machines, its fairly obvious and again if a NBA Fastbreak has had the serial numbers / stickers removed and its now being sold as a MM, then warning flags should be raised.
