Buying a car of trademe, what are my rights?

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duke250, Jan 29, 3:52am
A brought a car of TM about a month ago with a new warrant. Found out a couple of weeks ago that the car had hidden terminal rust. It was from a private sale, I am pretty sure the seller knew about the rust but didn't inform me about it. Is there anything I can do or am I stuck!

tonyrockyhorror, Jan 29, 3:54am
Depends on whether the rust can be seen by visual inspection without removing anything (as per a WoF) or whether you can prove the owner knew about it.

snj11, Jan 29, 3:54am
you would have to prove the seller knew about the rust, generally private sale its buyer beware, if it is indeed as bad as you say and is a WOF issue then you may have some comeback on the WOF issuer

tonyrockyhorror, Jan 29, 3:55am
Snap.

intrade, Jan 29, 3:55am
if it is a dealer then you got some rights as per contract. other then that you should have checked the car before purchase.
also be awear you now own the car if you now go to the wof place they will cancel your wof and you got no car at all that you can drive. otherwise you got to make sure you dont get smashed in to nor crash and you can drive for the next 6 month and get it welded if possibile.

intrade, Jan 29, 3:58am
you can post some picture on imageshack.us and give the link here, We can tell you if its fixable and how expensive it likely will be.

duke250, Jan 29, 4:00am
It could not be seen visually as it was on the firewall behind the sound reducing foam thingy. The only proof I have that the last owner knew about it is that he only brought the car himself about a month before he sold it. He put the most expensive tires on it and did some work to it (looking like he wanted to keep it). But then he put it on sale the day he got the wof. I am pretty sure his mechanic picked up on it during the WOF and told him to sell it. Now I am stuck with it as I would never do something like that to someone!

intrade, Jan 29, 4:02am
sounds like you bought a mitsubisheap or a honda.

NZTools, Jan 29, 4:04am
The last thing a mechanic will ever do, is put his name on a dodgy wof and reccomend you sell the vehicle.

And if it was behind the soundproofing, how would it have even been picked up in a wof inspection!

duke250, Jan 29, 4:05am
I was quoted around 2K to fix, I took it to a dodgy panel beater who welded some plates in it but even he didn't want to touch it initially. I am sure it can get more WOFs as the rust is pretty hidden but if I have a head-on i am screwed.

snj11, Jan 29, 4:09am
what is the car!

kazbanz, Jan 29, 4:11am
In theory VS real world--In theory you could go the last owner.
In the real world you need to prove that the last owner was aware of the rust.-How would you do this!

duke250, Jan 29, 4:12am
Its an e30 BMW.

I am just wondering tho is this common on TM for people to sell cars and not mention major defects! Anyone else been fooled before!

intrade, Jan 29, 4:14am
probably happens often. I once looked at a honda out of the newspaper with no rust the seller said that was befor the internet, and when i got there the car was ONLY held togather by rust these same people are now selling on here as they used to on newspaper.

gammelvind, Jan 29, 5:11am
TM is just a collective of people, there are the good ones and the bad ones, just the same as cars in the paper or on the side of the road. TM is only a sales medium, to think otherwise is a big mistake. You have the same warranties as a garage sale.

sorayaking, Jan 29, 6:18am
I'm selling my car at the moment and have mentioned a minor oil leak it has. I couldn't lie to people I have no idea how you would sleep at night knowing you've deceived someone but people do unfortunately. Would a pre-purchase inspection have found this rust! I swear by them had my first car 7 years trouble free and had it inspected first.

mrcat1, Jan 29, 8:13am
You basically have none, if it was a auction then even less. It is buyer beware, as others have said if it was a dealer you have a right to take it back but privately your on your own.

duke250, Jan 29, 6:43pm
damn now I see why you pay double at dealers.

tonyrockyhorror, Jan 29, 9:29pm
That's the wise choice for people who don't have a clue about what they're looking at. Or a proper independant inspection by someone familiar with the model and it's likely problems for a couple of hundy at most.

electromic, Jan 29, 9:49pm
I have "rules" when buying a car from anywhere (Dealers included).
1.Choose a car that meets your needs (including budget).
2. Inspect it properly or pay someone to do it.
3. Fully service car regardless of age/kms as soon as possible (budget for it when buying), even if it has a current service sticker.
4. Enjoy.

tonyrockyhorror, Jan 29, 11:15pm
That's far too many prior-to-purchase steps for most people!

Here's how most do it.:
1) Find the car you want without doing any research on it or having it inspected.
2) Hand over the money you borrowed.

Now, after purchase there are many more steps. Including getting all the numerous expensive repairs done that an inspection would have picked up.

msigg, Jan 29, 11:26pm
No personal responsibilty now days. Too much nanny state has gone on. Bring back the old days. Each to their own.

wowl, Jan 30, 1:33am
I just had something similar. Bought a car off here, private sale and paid $2800, turns out the car has blown head gaskets and is a complete write off. I have no rights its seems. I've learnt an expensive and disappointing lesson in trusting people. Best of luck.

mber2, Jan 30, 6:32am
How many people buying a car will look at the firewall for signs of rust.
Come on now Honestly How many !

ceedoubleyou, Jan 30, 6:38am
I would usually rely on WOF inspection picking up rust in the firewall, they have with me in the past, on lil' old Corollas. So it surprises me that a BMW with rust in a firewall passed it's WOF. I've even asked that a particular car uses VTNZ or a Testing Station to get the WOF before I buy it.