He has recently bought a Subaru wrc sti from the business number 8 autos. They say their services are an advertising company, not a dealership.
He was driving through Christchurch and lost the oil in his gearbox. He rung the business and they said they aren't a dealership so don't need to fix it.
He has pulled the gearbox out and sent it for strip down and assessment, which said it was abused and neglected for a long time, resulting in this failure.
What are his options regarding the business or previous owner?
Cheers.
intrade,
Jun 30, 5:14pm
was it sold private as is? if they sell more then 7 or 8 cars a year they are a dealer and the cga apply. The problem is you took it else where kazeban would know the full details of whats what in all that and you would want to answer all the questions correcty to get a answer before taking it further.
happylad3,
Jun 30, 5:19pm
Only reason he has taken it elsewhere is due to them not willing to help. He has got an option from a qualified technician. Just want advice on where to from here. They say on their site they are specifically an advertising company on behalf of the seller. Not and rmvt
happylad3,
Jun 30, 5:24pm
That's what I mean. They have many cars listed but state they aren't a dealer. Hence why I want advice.
tgray,
Jun 30, 5:24pm
Exactly what paperwork did you get when you purchased it?
msigg,
Jun 30, 5:48pm
As above. Now since the work has started I think he is stuffed. They need to have first option to repair or replace if in fact they are in business. Maybe they are not and that's where the r research should have been before purchase. Yes most subaru will be thrashed and pack up. Nothing new there. Might as well get it fixed now and keep it for a long time to pay for itself.
snoopy221,
Jun 30, 5:53pm
Seems to be structured a bit like one of them park n sell places as simply a website with vehicles listed and finance deals and warranties and delivery options available The question still is was the ACTUAL seller a dealer-or private-
Irrespective of the site the vehicle was portrayed to the public.
happylad3,
Jun 30, 5:53pm
I'll see if I can upload the photo somewhere. Only reason he started the repair elsewhere is due to them not wanting to know about him when he rung up with the issue. He is in chch and business is in waikato area.
bitsy_boffin,
Jun 30, 5:57pm
They are (saying that they are) just an advertising company, like autotrader or trademe.
Looking at their website, I think that is a very dubious claim, there is nothing in the "Vehicles" section to suggest that these are privately owned vehicles, no way to contact the owners, indeed the finance etc certainly makes one think they are dealing with. a dealer.
"Any pricing is subject to change without notice at the discretion of Number 8 Autos."
If this were really a legitimate private sales venue, then it's the seller who would be setting the pricing.
If I was the buyer who was getting jacked around, I would start making noises about involving appropriate authorities in relation to establishing their legal position (Commerce Commission, DIA. don't know exactly who would be best).
At the very least it seems like they are presenting in a way which is likely to mislead the consumer.
Thats a good read, looks like someone is trying to find a cunning way to avoid CGA. I had a dealer (after agreed to buy car) then try and tell me it has no warranty, no comebacks, no CGA etc etc and it's a parts car only. Oddly it wasn't advertised as any of those. They even wrote parts car all over the sales agreement. I did tell him something I feel he didn't want to hear but I took the car anyway as the price was good and ive since had that value out of it already. I really should have pushed the issue to see what they would have done, but in reality I understand why they did this. But could have gone about it in a better way. Just to add, this was fully road legal car.
bitsy_boffin,
Jun 30, 6:53pm
This all sounds super dodgy to me, way too much like a nasty trick for Cooper Motors to try and sell cars "on behalf" without CGA.
tony9,
Jun 30, 7:26pm
It is irrelevant that payment is to two separate accounts.
What is relevant is:
- How did they find the car? Did the ad or whatever look like a dealership? A reasonable person would expect "Cooper Motors NZ Ltd" to be a dealer. - An entity (or person) has stated in the receipt that they own the vehicle. Who was the person who signed working for? If it was an employee or owner of Cooper Motors then they are the vendor.
snoopy221,
Jun 30, 7:36pm
The BIG question here is in the title of the agreement
! Agreement for private sale and purchase of a motor vehicle !
Wherin Cooper motors new zealand ltd trading as number 8 autos
Could be seen to be breaching the consumer guarantees act Clearly they are profiting $1795.00 directly from the sale
snoopy221,
Jun 30, 7:37pm
Now where is ole kazbanz?
jhw2,
Jun 30, 8:54pm
The Park & Sell type places have been deemed traders by the Motor Vehicle Disputes Tribunal, whereas advertisers like Trademe or the Newspaper are not. The key is who did the purchaser negotiate with? Was it with the "advertiser" or the owner?
tgray,
Jun 30, 10:00pm
A search of the registered motor vehicle dealer website shows that Cooper Motors LTD are registered motor vehicle dealers so you are fully covered under the CGA.
happylad3,
Jun 30, 10:02pm
Perfect. That's tgray. Now that they aren't wanting to help and repair work has kind of started. How do we approach it? Gearbox has been removed and stripped for assessment.
the-lada-dude,
Jul 1, 8:52am
If the G/B was that mechanically unsound, (easily justified) ANY assessment would require removal and internal investigation, . so not a biggy in my book . but from here on in . do nothing , but start proceedings against Cooper motors, These guy's seem like smarmy business types. I would just inform them what you are going to do CGA, DT sue for costs and leave it at that, . no discussion ! hit 'em hard and see what happens
happylad3,
Jul 1, 9:32am
That's what I was thinking. I've told him all communication from here needs to be done via email as it leaves a paper trial. Also they never passed on the sale contract apparently. So I said to email them and ask for all details related to the sale immediately, and as they are an rmvd they are required to repair the vehicle.
kazbanz,
Jul 1, 3:18pm
My advice in this specific case is to lend the person concerned a car. Stop all work. Get screen shots printed out of all their online advertising--do this before contact. -so their Facebook adverts and the pages on their website. Get confirmation in black and white that Number 8/cooper motors refuse to repair the gearbox under CGA cover.- E mail is fine-- verbal can be he said/she said. Contact the MVDT and lodge a claim against them. https://www.justice.govt.nz/tribunals/motor-vehicle-dealer-disputes/make-a-claim/ They are trying to avoid their responsibilities under the law. This post is fairly simplistic because I know what will happen if they don't follow through. Frankly the MVDT will have a field day with these guys.-They are breaching on so many fronts.
curlcrown,
Jul 1, 3:28pm
Has Cooper Motors been contacted directly?
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