Regardless of this case's "as is" dealer ruling , why does a private seller even have to go through the "as is" stuff (especially if no warrant etc). You are buying a vehicle privately usually to save a bit of money , so a) surely some risk to any item applies with that , b) you will know if it has a current WOF anyway , and if you do want to purchase a warranty of some kind , then that is for you and/or the seller to sort out.And it is so stupid that a dealer of cars/tv's/bicycles/whateve- r cannot sell something (even NEW) WITHOUT a warranty. If say you want to purchase something as cheap as possible , maybe so the dealer can forgo the possibility of any warranty dealings(regardless of wether it would be covered by the wholesaler or not) Why can that not be written into a sale ! . Generally you can go to another retailer who stocks the same brand and get covered anyway , with probably just handling fees to pay.
nzfatie,
Aug 20, 11:11am
Dealers are bound by the CGA at online auctions, whether the vehicle is bought by bidding or buy now. They aren't bound by the CGA at physical auctions like Turners.
The 2012 Consumer Law Reform Bill amends the CGA regarding auctions as follows.
Auctioneers
Clause 39 amends section 41 to omit the exceptions relating to auctions and competitive tenders.
Clause 40 inserts a new section 41A, which provides a limited exception to the application of the Act to goods sold at auction. It provides that the guarantees in the Act generally apply to goods sold at auction by persons selling in trade as a supplier, except that the guarantee of acceptable quality does not apply to secondhand goods or to used motor vehicles sold by car auctioneers. (This exception does not apply to good sold by Internet ???auctions???, such as Trade Me, because that form of sale is not within the definition of auction.)
bellky,
Aug 20, 11:50am
Yep can only contract out if for business use, which in this case it wasn't.
"Contracting out of the CGA
You cannot choose to opt out of this Act. The only exception is if you are providing a service or selling goods to a business. If you try to contract out, you will be breaching the Fair Trading Act. The Fair Trading Act says you cannot mislead a customer about their rights. The penalties for doing so are substantial - up to $60,000 for an individual and up to $200,000 for a business." http://www.consumeraffairs.govt.nz/for-business/compliance/consumer-guarantees-act-1
SOGA applies to Businesses anyway.
kazbanz,
Aug 20, 12:01pm
All good n wonderfull EXCEPT that this is not actually law yet. Without going over and over the same stuff if the car is sold by auction with no buy now then unless the goods were not described accurately TO THE BEST OF THE SELLERS ABILITY. Then if the goods are clearly described as is where is then there is no comeback regardless if its a private person or a dealer. THIS situation is why I will NEVER put a buy now on any auction vehicle. That said you do expect the public to show common sense
jcwholesale,
Aug 20, 12:41pm
Thanks kaz, I knew that to. I don't usually comment on this message board because someone always knows better, whether they do or not. I do however look here every day for a chuckle.
franc123,
Aug 20, 1:58pm
Lol you expect the public to show what! That went out the window years ago mate, everything is everyone elses fault now. Its this level of muppetry that stops me wanting to sell privately to the public any longer., its become easier to just trade with dealers or else send things for scrap if they're getting near the end of their economic life if consumers are going to be protected from their own stupidity to this degree. Self evident in this case that nothing was checked beforehand and it was run out of oil and/or water, having witnessed the death of van engines many times its nearly always the result of owners finding lifting the seat to check these things too much trouble.
tigra,
Aug 20, 1:59pm
And where does it say that in the CGA! Not in my 68 page version that I can see, anyway.
bellky,
Aug 20, 2:03pm
^ The point is the CGA only applies to sellers of goods or services who are "in trade".
kcc55a,
Aug 20, 2:04pm
So why dont you simply accept this and stop trying to impose your opinions on others!
tigra,
Aug 20, 2:54pm
Regrettably in my experiencewhen it comes to car buying many dont.
xs1100,
Aug 20, 3:41pm
now now now you mean before we had a labour government that told everyone "we are all winners" there are no losers and its never yr fault.besides which the buyer is probably a recent import himself and couldnt believe his luck.buy a car use it for 2 months completely f@#$ it and get a complete refund of evrything you have spent on it plus the seller is made to remove it from yr property.this would not be happening in india sir
kazbanz,
Aug 20, 5:14pm
For such a clear cut decision to be made by the tribunual I strongly suspect theres more to the story than meets the eye. The dealer concerned must have sold the vehicle through his yard rather than by auction to have been held liable in this way. Common sense would have had the buyer check the oil and water level at some stage during the 2 months they owned the car.
miss-shortae,
Aug 21, 5:36pm
i second that.
tgray,
Aug 21, 6:35pm
Why on earth did the dealer not use an offer and sale agreement but insist on a 'waiver form' to try and extradite him from any comeback! Plain stupid.
bellky,
Aug 22, 7:00am
What! That's what the Dealer did wasn't it.
kazbanz,
Aug 22, 10:28am
To be honest mate I don't use vosa's with TM sales. I issue a receipt linking to the auction number and supply a CIN card of course.
fryan1962,
Aug 22, 10:36am
That sucks she stopped and continued to drive after she was aware of the faults<
kazbanz,
Aug 22, 10:53am
I don't sympathise with the dealer concerned but by the same account I really have an issue with somebody knowingly driving a vehicle with mechanical issues that could cause a major issue
fryan1962,
Aug 22, 6:41pm
I do not know dealer but geez ,you buy a cheap car and thrash it run it out of oil, and the law says you have a comeback, not saying that is what they did
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