So I sold my car with WOF about to expire and let all buyers know. someonebought it at buy now and I delivered it. A week later they contacted me asking for a refund as it would cost a bit to get a new warrant. I thought I was in the right and refused, and now they are claiming they can sue me for up to 5000 dollars! What does TM know about this kind of thing! I only just found out about the "car must have a warrant less then a month old" clause after selling it, but the buyer looked at and purchased car without raising any issue.
carlz05,
Jun 17, 11:06pm
Did you put " as is where is" on the trade!
tigra,
Jun 17, 11:33pm
How are they going to"sue you"! District court etc will cost heaps. Maybe the Disputes Tribunal who will make a decision based on the merits of either side. If you told everybody the WoF was due to expire (and you are absolutely sure you did) then you are probably quite safe as the buyer should have had an inspection before buying,. Hope the warning was included in your auction text.
36lafayette,
Jun 17, 11:34pm
let the buyer be were tell them to piss off thy new the wof was out and if thy could sue it would only be to the value of getting the wof
eagles9999,
Jun 17, 11:39pm
Also were they to "sue you"it could take months to get to court. In the meantime they would have to get a WoF or be without the car.
kazbanz,
Jun 17, 11:47pm
jont420--what were the t and c of the sale!. was the car sold as is where is! Ie --on the receipt issued by you and you have a copy of does it clearly state the wof status and the buyer accepts that.
Just tobe 100% clear here. Trade me is an advertising media. NO more and no less. The contract is between you and the buyer.
jont420,
Jun 17, 11:51pm
Hi there, I unfortunately did not get a receipt stating the WOF status. I rang LTNZ and they said that as I didnt, the buyer is able to take me to disputes tribunal. I've decided to offer a partial refund which the buyer has accepted, and I'm going to get her to sign a as-is-where-is receipt. Just wondering if anyone can let me know what the proper wording should be on this
kazbanz,
Jun 18, 12:09am
Heres the receipt we use Your name Your address
Tax InvoiceInvoice Date 4/2/2012 MsTheir name Their address Their address, Their address
This Item is sold under the terms and conditions of Trade Me auction Number xxhxhxhxhxhIt is sold on the clear understanding it is in as is where is condition. xxxxxpromise clear title. xxxxxx promise the goods are not stolen.
Price including GST $xxxxx
jont420,
Jun 18, 12:20am
thanks very much Kazbanz
jcwholesale,
Jun 18, 12:23am
jont420 The people obviously knew about the WOF and probably got a well priced car so I do feel for you. But thats the general public for you, wanting things for nothing. It does leave a bad taste in your mouth, hopefully you will be better prepared next time.
jont420,
Jun 18, 12:30am
Yeah it sure is annoying as they must have expected to have to do some repairs and threatening to sue is way over the top. I thought I was in the clear but only just found out about the "warrant must be less than a month old" law which unfortunately makes the auction basically void. Ah well, life's a learning curve and at least I'll know for next time. Cheers everyone in the thread
kazbanz,
Jun 18, 1:02am
A suggestion for you would be to offer to refund the person in full as your intention was to sell the car as is where is. It will be interesting to see the response.
all cars not sold as is where is are meant to have a current WOF, not a new WOF. you have no issue.
thejazzpianoma,
Jun 18, 4:45am
Please feel free to post the tradername so I can blacklist them.
tgray,
Jun 18, 4:45am
I presume this was a classified listing! If it was an auction, it does not have to have a WOF under 30 days old and you need not do anything.
saffa2,
Jun 18, 4:50am
I would simply tell them to have sex and travel.
gman35,
Jun 18, 5:05am
Out of interest , why does the term "as is where is" need to be used in any sale where a warranty is not applicable in the first place ! I understand a buyer may want to know if a car is currently warranted or not , but wether or not it may blow up one metre from the seller's driveway is neither here nor there anyway , and would only come down to any sellers "goodwilI" I would have thought!
kazbanz,
Jun 18, 5:34am
nopethat is not the case.The LAW (not the idiotic TM rule) is that the car must have a wof no more than 1 month old Unless clearly stating it is sold as is where is
kazbanz,
Jun 18, 5:36am
Sorry t man that is not the case. Unless clearly stating its as is the law says 1 month
kazbanz,
Jun 18, 5:38am
As is where is "in theory" covers your rear if something happens or is wrong you diddn't think of. You can't deliberately commit fraud ie --Car runs well and it runs on 3 cylinders
carclan,
Jun 18, 5:43am
I would not sell a car no matter how good it was without stating it was as is where is. I usually sell with a new warrent of fitness anyway just to give the new owner pece of mind.
supernova2,
Jun 18, 6:51am
Surely the new owner was aware of thge wof fact and still parted with their money and drove away.i doubt you misled them or forced them to take the car out of your possession.If it were me I would simply tell them to go away.Worst case is it goes to disputes and there you can offer as follows;:i will give you your money back right now if you can return the car to me in exactly the same condition as it was when you drove it away".It works i did it myself.DT can not award costs so you have nothing to loose.
holden_fan2006,
Jun 18, 8:27am
Any private car sold has no warranty and is automatically placed in the 'as is where is' category as such. The car doesn't need a wof upon sale and it's the buyers responsibility to have the car inspected before the cash is handed over. If you purposely misled the buyer that's a different story.
thewomble1,
Jun 18, 9:27am
I thought the WOF less than 1 month oldthing was for car dealers only. I would say you are in the clear.
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