Speak to a Consultant Free Call | Mon - Fri | 9am - 5pm
1800 001 212

Can silence amount to a deception?

I recently applied for finance for a new car. When I filled out the form I gave details of my income that was true at the time. Since then I’ve been made redundant. Do I have to tell the finance people about my change in employment? I’m still planning on paying the money back because I’m sure I’ll get another job soon. I really want this car.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 10-11-2015
1 Lawyer Answered
View more Q&A on:
  1. Fraud
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Jo Wilson, Macleod 3085 VIC

  • Silence or failure to correct a mistake can amount to a deception where:
    • you make a representation which is initially true;
    • that representation subsequently becomes false; and
    • you know the representation has become false but do not advise the other party prior to obtaining the property.
  • Silence in such circumstances can be considered to be an implied (unspoken) representation that the situation remains the same as initially represented on your loan application.
  • You should advise the finance company immediately of your change in circumstances.

Forum Posts

Disclaimer