if you are selling a car do you still have to have a WOF with in so many days before you sell or did it get changed!
tgray,
Apr 13, 7:06am
If under 28 days, best to make sure you sell 'As is where is". If buying from a dealer and a classified ad, must be under 28 days.
a18a,
Apr 13, 7:24am
If you're a private seller, that doesn't apply to you.
40wav,
Apr 13, 8:09am
You might want to check that.
40wav,
Apr 13, 8:12am
From past experience, and through no fault of my own, I will always sell a car (even with a brand new warrant) 'As is - Where is'. It just avoids so much potential bullshit later if the buyer turns out to be a wanker.
robbief,
Apr 13, 8:12am
who would you check with it all seems a bit unclear as to what the law is.something tells me the law changed.and i am a private seller
40wav,
Apr 13, 8:15am
Write the buyer a reciept that states that the car is purchased 'as is where is'. That is the easiest way to protect yourself.
If you buy privately, you're not nearly so well protected. The Consumer Guarantees Act and Fair Trading Act don't apply, although in some circumstances the Contractual Remedies Act does apply. If a private seller misleads you about the car, you can take them to a Disputes Tribunal.
You can take the following steps to protect yourself when buying privately:
Check the car has a WOF less than one month old. (Provided the buyer agrees in writing, sellers have the option of selling without a warrant or with a current warrant more than one month old. If the car is sold without a warrant, the buyer must undertake not to take the vehicle on the road except for the purposes of getting a new WOF.)
Note the bit about "where the BUYER agrees in writing"
rojill,
Apr 13, 8:34am
From what you say your backside is very exposed !
See the previous post
40wav,
Apr 13, 8:39am
So give the buyer a reciept that states 'as is, where is'. If any problems ask the buyer to produce reciept. If they refuse, ask buyer when they plan to pay you the remaining 3 grand owing on the car. The reciept will soon pop out of the woodwork. Ergo - the buyer has agreed.
rojill,
Apr 13, 8:50am
Your trying to be clever but unfortunately your logic does not stack up.
!. Your pushing it uphill from the word go. A court would not accept your proposition that you told the buyer before you gave him a receipt. You only do that AFTER you have the money in YOUR pocket.
2. Do you really think that because at a time after the transaction has taken place, just because the buyer does not produce the receipt means that he owes you money. - - YOUR DREAMING.
3. You seem to know more about the law than The Consumers Institute of New Zealand regarding selling cars with or without a WOF. On that premise I suggest youwritea book. IT may become a best seller,- - - "An idiots guide on how to get it wrong in one easy step".
rojill,
Apr 13, 9:02am
Hey
Did you read and,more importantly, UNDERSTAND where it said "where the buyer AGREES IN WRITING"
Not what you think you will give him, but only what the law says about the OPTIONS THAT THE BUYER HAS GOT , not YOU. For heavens sake, can't you read English.
40wav,
Apr 13, 9:13am
Well, are'nt you an arrogant little tosspot. How about you do whatever the fu(k you want and so will I. That way we'll both be happy. I have bought and sold many cars and have not had a problem since doing what I said I do. I findthe most important part of selling a car is to be honest. If you're flicking off a piece of shit, advertise it as 'a piece of shit'. That way no-one is disappointed. It's people who advertise pieces of shit as good cars that come unstuck. You sound as though you have experience covering your ass well.
smac,
Apr 13, 9:13am
The ol' "as is where is" clause is worthless. WHat does it mean! Something different to everyone. To cover yourself selling without a new WoF have a signed agreement spelling out the conditions of purchase. i.e. no WoF, no licence, money owed (or not), buyer has inspected vehicle and accepts condition etc etc
rojill,
Apr 13, 9:34am
As I thought You have trouble living in the real world As I said before , your backside is VERY exposed if you rely in court on your very misguided beliefs.
Good luck in life andwith an attitude like you have displayed heremy sympathy to your partner.
One day you will grow up and wear trousers.
40wav,
Apr 13, 10:03am
Jesus Christ, live a little. I dont need you wishing me luck, I have more than my share, and I get that from being honest from the start and treating people fairly. You come across as being of the younger generation, where everyone is out to screw everyone. I prefer to deal in honest, 'gentlemans handshake' type deals, however I do know when Im dealing with someone such as yourself and will cover my ass accordingly. I wont say that I hope I never deal with you, because it would be a pleasure to do so, I would just hope it didnt turn sour.Good luck in life yourself.
taipan4,
Apr 13, 10:15am
oopps,. looks like the children are about to throw their dinky toys out of the cot.lol
sw20,
Apr 13, 10:18am
The buyer agrees in writing is their signature on the change of ownership forms.
franc123,
Apr 13, 10:28am
Good point, after all it is their statement that they are taking legal responsibility for the thing.
rojill,
Apr 13, 10:41am
What then is the significance of their signature on the change of ownership papers ! What does it relate to ! Does it have any bearing on what the buyer understands about the state of the vehicle !
I think you too are up a gumtree. Have another think about the questions I have written and you will find your answer. You may want to change your advice.
rojill,
Apr 13, 11:02am
Believe me I have lived a little. 5 children and 13 grandchildren and 1 great grand child. I've been shot at, caused an international naval incident, been arrested and thrown out of prohibited areas in Diego Garcia, lived on the streets of London for 2 years after delivering a yacht from Darwin to UK plus many more . I have been present and seen instant justice, death penalty - Ethiopian style, travelled the world for 13 years continuously when I was younger after my wife died from colon cancer in 1984 - she was 43. Won a battle against the IRD and got it in writing ( they'll never ever try that again) and this at a time when many men were being driven to suicide by the control freaks who at the time populated the IRD. No, I am not of the younger generation, but I do know my way around and having employed 16 people in one company that I started in 1979 and in previous occupations including being the chairman of a NZ Professional Association. Yep looking back on only a part of my achievements I'd do it all again and stuff convention. I'm probably nearing the end of my life now and I have lived and engaged every minute.Have fun. We are like any other living creature, only on this planet for a short time and it takes a few years to realise that we are here and under the command of our hormones. The first and most important duty we as a species have to do is to reproduce ourselves, otherwise, like any living thing, trees, plants, bacteria, fish, snails ect ect, the species will die out. As you get older you understand just how incredibly powerful hormones are and how they control our behaviour. Enough. I digress totally.
PS. If you really want to know who I am I was the 27 th person in NZ to hold a parachute licence. I still have the letter from Dept Civil Aviation dated 9 th March 1961
jmma,
Apr 13, 11:36am
biker69 you're back (o:
rojill,
Apr 13, 9:47pm
Yep
All true .
I don't need to make anything up, my problem is remembering it !
r15,
Apr 13, 10:10pm
every car i ever sell is sold with 2 copies of an agreement, stating what the car is, its current number plate, agreed price & kms travelled and that it is an as is where is sale, the buyer is happy with the state of the vehicle and there is no warranty.
- hopefully should i get a tosser buyer this is enough to clear me from the shit
matthew111,
Apr 13, 10:18pm
yes the 28 days does apply to all
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