It has to be an auction for a dealer to sell the car as is where is doesnt it!
attitudedesignz,
Aug 20, 7:01am
More personnal responsibility out the window.
Quote from article.
"in February for $2350 without road testing or inspecting it."
robotnik,
Aug 20, 7:04am
Well the guy was a car dealer. Business operators should be aware of their obligations under the CGA and other legislation.
cowboy110,
Aug 20, 7:04am
I'm really not sure.Those in the trade will no doubt be able shed some light on it.18 yr old car. 250000k's. $2300. And when the guts falls out of it 2 months after buying it the buyer can still get the full price refunded!
morrisman1,
Aug 20, 7:07am
overheating, then threw a rod! maybe lost all its oil too. The buyer sounds like a right tool but obviously knows how to fight whether he be wrong or right.
bellky,
Aug 20, 7:09am
Exactly. This statement is a joke:
"The tribunal noted that Johnstone and Prasad didn't complete an offer and sale agreement but Johnstone signed a document which stipulated the sale came with ''no guarantees or warranties expressed or implied''
The CGA cannot be contracted out of.
cowboy110,
Aug 20, 7:12am
The article doesn't actually say whether it was an auction or not either.If it was set up as an auction with a buy now, and the guy has hit "buy now" (which could have been the case seeing he didn't even inspect it) does that mean AIWI is out the window!
intrade,
Aug 20, 7:18am
91 octane makes some of the newest cars knock . I dont think he should have gotten a full refund even if the seller was a dealer if he sold it with as is and signature from buyer
scuba,
Aug 20, 8:07am
91 octane doesn't make yourconrodexit thru the sump.
familiadude,
Aug 20, 8:12am
geez why cant people just stand up and say I stuffed up buying this car its my own fault for not getting anything checked
net_oz,
Aug 20, 8:29am
Man that sucks big time for the car sellers in NZ. Hope the seller appeals the decision.
a18a,
Aug 20, 8:37am
lol. I suppose next up would be people taking their totaled cars back for a full refund after they fail to give-way and get T-boned.
squibby,
Aug 20, 8:38am
Hmmmm! The news report is hopelessly vague. It doesn't actually say the car was faulty when he bought it, but that could be the only reason for a refund. Surely he didn't get a refund for something that broke down well after the sale.More info needed.
jason18,
Aug 20, 8:57am
Man that buyer is a complete ass! Overheated twice. Kept driving. I bet a radiator cap didnt fix it! He just kept driving it. Then it had a rattle but dont get it checked cos it is probably just a muffler
nzfatie,
Aug 20, 9:01am
+1 Recent changes to the CGA mean dealers have to warranty every car they sell, no matter the age or condition. As Is Where Is still protects private sellers, providing the buyer signs the receipt accepting that.
kcc55a,
Aug 20, 9:23am
What recent changes to the CGA!
kcc55a,
Aug 20, 9:24am
If you read the report the buyer did sign it.
bcbuilding,
Aug 20, 10:04am
Wrong.Yes it can.
"If you sell a vehicle of a kind ordinarily acquired for domestic or personal purposes to a person who intends to use it in a business, you can choose to contract out of the CGA. You must give the buyer written notice that you are contracting out of the CGA at the time of sale.
You can do this by providing a written agreement that says that the vehicle will not be subject to the CGA."
Course, if things go pear shaped you would likely have to prove that the purchaser was using the vehicle in a business.
Overall, i feel for the guy.Two months on and it comes back to bite him. Comes down to how the court defines reasonable really.
monaro_xxx,
Aug 20, 10:19am
If the buyer signed a "as is where is" piece of paper.it needs to be proof enough,dealer or not.Getting a full refund is just wrong.Especially after 2 months.If he just drove it home and it blew up,even then,I would say too bad,"as is where is" signed. Usually I wouldnt side with a car dealer,but the dealer,(IMO) was in the right.
nzfatie,
Aug 20, 10:24am
If you read the CGA 'as is where is' only protects private sellers, not traders.
johnf_456,
Aug 20, 10:26am
Because personal responsibility does not exist, just like people who moan here they got a ticket from the policeman for doing 120 claiming they are going with the flow. Its a sad way, but personal responsibility has gone out the window.
tgray,
Aug 20, 10:33am
The CGA says is has to be of acceptable condition 'at the time of sale' (two months ago). Interestingly to prevail,this relies on the unwritten 'durability' issue that is implied by the CGA. Was is OK at time of sale! Probably yes. Is it acceptable it blew up 2 months later! Probably no.
jcwholesale,
Aug 20, 10:45am
I think you will find a buy now was done in which case the CGA does exist. If it was a $1.00 reserve it doesn't. Simple as that. The article was very vague.
nzfatie,
Aug 20, 10:45am
The car overheated driving home from the dealer.seems it was dodgy at the time of sale, hence the refund. The moral of the story.if you're a dealer selling high km vehicles, drive it around for a couple of weeks to test it's okay before selling it. If it has problems that aren't economical to fix.send it off to Turners for auction as is where is.
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