What are my Rights?. I bought a 1997 holden vectra from a dealer on an as is where is basis then when i got the vehicle serviced
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nzeva,
Oct 8, 8:17pm
As is where is ONLY protects private sellers and does not exempt dealers from their obligations under the CGA and Fair Trading Act. They can opt out of the CGA only if selling a vehicle for business use, but the FTA still applies. That's why dealers send clunkers to auction or sell them through friends and relations, so they don't get any comeback.
Some of you miserable buggers just don`t get it. The Consumer Guarantees Act is there to protect all of us. If the dealer in question chooses to trade some heap of shyte HE TAKES THE RISK. If he tries to unload it under whatever guise having not ascertained its true condition again HE TAKES THE RISK. And if he gets caught out because he hasn`t undertaken due diligence its his problem to sort out. There is a reason why all traders of any type have a mark up . some of it is to cover these types of eventualities. Its hardly rocket science is it.
splinter67,
Oct 8, 11:57pm
It would have to be bloody cheap and deliveredbut yeah nar
ebygum1,
Oct 9, 2:34am
I guess the acid test is " can you expect a 97 Vectra to not have a hole plugged by silicone " If it's not structural and does'nt leak, whats the problem!
bwg11,
Oct 9, 4:45am
The only miserable buggers here are the types who negotiate an "aa is where is" price, then when problems occur try to invoke the CGA. Legally correct, but morally very deficient.
supernova2,
Oct 9, 5:13am
Lets face it here the dealer should have known what the law provides.If the dealer is stupid enough to sell, off the lot, a dud car then he can only expect to have to fix the thing.dealers know(or should know) the risks they are taking and there are plenty of legal options available to dealers who want to quit dud stock.To me this sounds like a dealer grabbing a quick sale without thinking about it coming back to bite him bigtime.Unless the purchaser adopted standover tactics to buy the car we can only assume it was a willing sale and therefore the purchaser was quite entitled to negotiate the lowest possible purchase price.
supernova2,
Oct 9, 5:19am
The "as is where is" negotiations may well have simply been to do with anything apart from the problem which the Op now has.egit needs 4 tyres thats worth say 400 so knock 200 off and I 'll take it the way it is.i doubt it was yep I know it needs $3K of repairs so knock $500 off and I'll take it the way it is
chebry,
Oct 9, 5:56am
As is where is means exactly that : no sad songs no guaretee no nuthin which part of you have NO rights cant you get you waived any right of complaint when you signed aiwi
bwg11,
Oct 9, 6:15am
The problem is that "these people" expect a high milage 15 year old car to be equal in "fitness for purpose" to a new car.
tgray,
Oct 9, 7:00am
Even if a dealer draws up a contract "as is where is" and you agree and sign it, it is null and void as you cannot contract out of the CGA. You bought off the lot, not at auction, so the act applies. You say a big leak was plugged with silicon. Water leak! oil leak! What kind of leak! What did your mechanic say about it! Whatever you do, DON'T have it repaired and expect the dealer to pay for it. They must be given an opportunity to fix it for you. Don't panic yet, just approach the dealer with your concerns first. Good luck.
3tomany,
Oct 9, 7:03am
finaly some good advise
supernova2,
Oct 9, 8:27am
+ couple of billion.
Like others have said i wish people would read (and comprehend) the legislation before spouting off that AIWI is a way of contracting out of the legal requirements.
IMHO ifdealer (or for that matter any business operator) wants to run his business trying to avoid the law he deserves to get caught out and therefore lumbered with the repair costs.
chook90,
Oct 9, 10:09am
Once again it seems to be getting glossed over that if a dealer were to dispose of a car as "for parts (wrecking)" or project then there is no inference of the vehicle being either suited to or fit for road use. In such cases there could be no reasonable claim that the vehicle developed a leak or a whine or overheated.
As someone said earlier there seems to be something wrong with the moral compass of anyone who negotiates AIWI in order to obtain pricing advantage then invokes their rights under the CGA the moment their 20yr old car with 400,000km pops a timing belt or has a leaky radiator.
scoobeey,
Oct 9, 10:59am
Big leak plugged with silicon. what EXACTLY are we talking about!
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