Turns out that as it was sold by a company, the car was covered by the consumer guarantees act (according to the disputes tribunal) and he was awarded full payment.Thanks to everyone who helped.
rallec,
Jun 9, 3:32pm
My flatmate recently bought a car privately from a company (not a dealer), and since then has found the air conditioning not only doesn't work, but has very dubious pieces of cardboard etc. in the system as a make-do fix.The cost is obviously high to fix, and he's wondering what his options are.What type of protection does he have, and what should his course of action be!Air conditioning was listed as a feature on the classified (on TM), and the seller said it was functional.Thanks for your help :)
thunderbolt,
Jun 9, 4:10pm
Private sale = let the buyer beware.
It can't hurt to approach the seller and see how they respond, But I dont believe they have any obligation to come to the party, so be carefull how the approach is made.
rallec,
Jun 9, 4:20pm
It's in nice condition otheriwse.I was just wondering because of what I've read on Consumer - "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."It seems to me that he was misled, which might help.The same company currently has at least one car listed on TM right now, and I'm also wondering if they may have sold more in the last 12 months, and consequently should be registered as a dealer!Is there anyway I can see if they have sold more cars recently!
thunderbolt,
Jun 9, 4:22pm
Was he misled! Can you prove the seller knew the air con had issues!
I guess that is up to small claims to decide.
rallec,
Jun 9, 4:22pm
I've checked the Motortraders MED website and searched their company name, to no avail.Could they be listed with a different name!And as above, is there anyway I could see if they SHOULD be registered even if they aren't!
rallec,
Jun 9, 4:24pm
Well the car had been owned by the company since new, and as I say, had a shoddy fix with pieces of cardboard. It sounds like the company must have known it had issues.
thunderbolt,
Jun 9, 4:27pm
Hard to say it that is true without knowing exactly what was patched up.
Depending on the size of the company, the person selling might have no knowledge of the cars history, maybe just tried the Air con, found that it worked and said so.
rallec,
Jun 9, 4:31pm
The issue is it doesn't actually work - the fan works fine, so it blows air, but the aircon itself doesn't.Hopefully the seller will just agree w/out small claims being necessary, I'm just looking to get a feel of a likely result if it comes to that.
jcwholesale,
Jun 9, 5:04pm
I bet he bought it cheap, or he wouldn't have bought it at all. Now, oh dear, it has a fault. Wonder if I can get something for nothing. Just because they are a "Company". Typical NZ attitude. Yeah sure, take to small claims, might even win. Just hope the same thing happens to them if there is a fault with a car they sell on TM, or where ever. Question. Why didn't he check the A/C before they paid for it! If it is that important that is. Have you or the other person ever traded a car to a dealer and told them ALL of the faults that were with the car! Simple answer, of course not or I would have gotten less for it.
cannelle26,
Jun 9, 5:39pm
No, unfortunately he didn't buy it cheap, or it would not be a problem - he could then get it fixed and sell it for what he paid for it plus the cost of the repairs and suffer no loss. The issue is it was listed as having AC and he paid what he paid believing it had working AC. Had it not had working AC, he probably would not have bought it, certainly not without first assessing the cost to to have it repaired.
jcwholesale,
Jun 9, 6:01pm
Well what did he pay & what is it. Lets see if it was cheap or not. Reasonably relevant info.
crzyhrse,
Jun 9, 7:05pm
You'd be surprised at the number of people who simply wouldn't have a clue whether something in their car was or was not operational - for many if the fan is going that means the A/C is going.
rallec,
Jun 9, 7:17pm
Exactly - but as Kazbanz said, it's not a matter of intending to mislead.To be honest I've always been open about car faults, because I, like him, care for and maintain my cars to a high standard.This also means I don't trade in because dealers like jcwholesale won't give me a decent trade in value, because of that instant assumption.Also, what it is is hardly relevant - aircon working or not is the issue.
cannelle26,
Jun 9, 7:40pm
I don't think the type of car is necessarily relevant to the original thread so for that reason and for his privacy I'd prefer not to disclose the details of the vehicle.
Suffice to say Turners estimated auction cost is $5,546 and similar cars are listed on Trade me for 6k plus. As this car is in pretty good interior and exterior condition (no scratches etc) he paid $6,250.
There was certainly no indication via the price signal or anything else to give reason to suspect that there were any faults with the car. Cost to repair AC is over $1300.
jcwholesale,
Jun 9, 8:19pm
Well actually, the car & mileage & condition is relevant. Turners auction cost is so far out it isn't funny. And prices on here, well the cars may or may not be for sale, kms condition & year come into it. But heh, you are on a crusade and are obviously an expert in vehicle sales & prices that you must be right. Any A/C repairs nowdays are not expensive and certainly $1300.00 seems, to say the least, over the top. Seems an expert like you should have checked the vehicle out. Anyway, do as you wish, you were going to anyway, can't see why you started the thread. If you say the general condition of the vehicle is better than average, then it goes to say it is worth more than the cheaper models you have looked up and even if he was to pay for the repair it seems he would still have a well priced car. Go on make his buying experience even worse and take the guy to small claims. This is going round in circles so I think this will be my last post in this thread. Hope he is happy with his car other than that.
cannelle26,
Sep 8, 2:12am
I did not start the thread and nor did I buy the vehicle, so how could I have had it checked out! The question was a fairly simple one - what course of action should someone take facing expensive repairs on a car they just bought for a feature they were told by the seller was working!
Incidentally if you believe the cost of the repairs is out of line, do you (or does anyone else) have any suggestions as to where might offer a more affordable service!
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