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

Page 1 / 2
merlin27, Oct 7, 6:20am
I bought a 1997 Holden Vectra from a dealer on an as is where is basis. Then when I got the vehicle serviced the mechanic alerted me to the fact that a big leak had been plugged with silicon and then painted black to hide it. I have read a little on my rights as a consumer and feel that this was misleading and fraudulent. Do I have a leg to stand on!
intrade, Oct 7, 6:23am
whats the writing part say as is and what did you pay for it!
robinm1, Oct 7, 6:26am
First thing is to go back to the dealer and show him the dodgy repair and see what he says. Although you did buy it as is where is, he MAY help you out. But if he says no, then there is probably nothing you can do to make him help you, the joys of buying as is where is vehicles.
hrt, Oct 7, 6:42am
What was/is leaking! Is it still leaking!
llortmt, Oct 7, 6:47am
It makes me LOL Consumers constantly attempt to 'opt out of their rights' in order to negotiate/achieve a lower price, however when things go wrong they still wish to rely on said rights!
Of course you had a pre-purchase inspection carried out didn't you!
jason18, Oct 7, 6:48am
Your rights are SFA
sw20, Oct 7, 6:51am
As is where is basis being that you bought the vehicle at an auction rather than for a fixed price!
kaymay88, Oct 7, 6:52am
its possible the car had that repair from long before the dealer got it.

I assume its second hand! - so it was probably a trade in if it was sold as is where is.

what you need to realise is that there are a lot of dishonest people with rubbish cars that go to a dealer and ask for a trade, and DONT tell the dealer about all the dodgy repairs they have done to it. the dealer gives it a look over and agrees to a trade in, then on sells the car.

Dealers get an unfair bad rep for things like this when the real problem is scumbags who just think they are only screwing the dealer with their dodgy trades, when in reality, its the next buyer who gets screwed over, and everybody loses out.
kaymay88, Oct 7, 6:54am
as for your rights, go back and TALK to the dealer, without getting aggro, quite likely they didnt know. they may agree to half the cost or something, but most likely scenario is it was a trade in they just wanted to move quickly
llortmt, Oct 7, 6:59am
What you think he traded the DMC12!
kwkbrk, Oct 7, 7:28am
Yet again I am amazed and concerned about the "advice" some of you offer those who ask for assistance.
If you don`t know what you are talking about perhaps some of you should say nothing, instead of spamming message boards with your "advice" which is often both worthless and incorrect.
In this case the Consumer Guarantees Act applies. It means that anything sold to anyone from anyone "in trade" must be fit for purpose. A car with such a hidden defect clearly is not; and it doesn`t matter one iota whether the dealer knew or not; and whether or not it had any sort of warranty implied or not; he takes the risk by being "in trade".
Here is a link with the basics; some of you offering "advice" could do yourselves a favour by reading it.
http://www.consumer.org.nz/reports/consumer-guarantees-act/what-it-covers
sw20, Oct 7, 7:37am
If it was an auction rather than being sold at a fixed price, then your post is irrelevant.
kwkbrk, Oct 7, 7:41am
Thats a grey area still being tested in Court.
But theres no suggestion from the OP that it was.
msigg, Oct 7, 8:02am
The person who posted hasn't given everyone enough information. There is a law change going on later this year to cover more of this sort of thing, it will only put up the price of cars for everyone. Cheapies will only be sold by private sellers, rest will be sold as wrecks. In my book buying as where is means buyer beware. Sorry but this may be a lesson. Good luck.
chebry, Oct 7, 8:23am
$500 trade in on some overpriced heap sold to you for how much! of course its got a warranty, you dont actually own it yet do ya. you and the finance co have a heap of shit. well good luck with that dealers retail the stuff they think will attract a finance contact anything remotely dodgy gets auctioned to the gullible who think its a bargain.
a.woodrow, Oct 7, 11:28pm
uhm have you read this thread or confused it with another!
chook90, Oct 8, 2:24am
Legally my understanding was that a consumer cannot "opt out of their rights" as provided for under the consumer guarantees act.
In laymans terms this means that no matter what you (as a consumer) agree to when buying from a dealer they can still be required to repair, replace or refund if it can be shown that the goods "were not fit for the purpose intended or represented".

This of course is where it gets interesting. If said dealer were to sell you a car which YOU stated was for parts, wrecking or a long term project for example then the dealer could argue (when faced with the type of complaint as tabled by the OP) that driving said vehicle on the road is not the purpose for which it was intended or represented.

With that in mind I agree entirely with the attitude of someone earlier in the thread - people are real happy to accept AIWI in order to secure pricing benefits when buying but suddenly fail to understand the meaning of that when something fails.

If the dealer sold the vehicle "as parts or project" this might provide a better degree of protection from numptys wanting warranty claims.
merlin27, Oct 8, 3:13am
Thanks for your responses. I bought the car off the lot not in an auction or competitive tender. I understand the car would have some problems but this is a serious issue and I feel it does not meet the acceptable quality requirement in accordance with the Act. I am now going to get a quote to fix and then return this information to the dealer. Then see his response with reference to my rights as a consumer to replace, repair, or refund.
msigg, Oct 8, 3:38am
please let us know how you get on, for future reference. Good luck.
bwg11, Oct 8, 4:08am
I don't believe a trader can opt out of the CGA by stating the sale is "as is where is". But what an a*hole to negotiate a price based on "as is where is" which means literally "no comebacks" and then try to use the CGA to cover repairs which should have been picked up with a pre-purchase inspection. Same sort of ethics as those who buy buy auction on Trademe then change their minds or try to renegotiate price on pickup.
nurse-sarah, Oct 8, 4:09am
As is where is - Pretty simple I thought - Bad luck
00quattro00, Oct 8, 4:20am
As is where is should mean that, I hate these tossers that dont have the car inspected and think old shitters should have a life time warranty
mrfxit, Oct 8, 5:17am
LMAO . wheres Kaz when ya need him!
chebry, Oct 8, 8:52am
No the OP has bought a cheap car its turned out to be bodgy he bought it will no warranty implied its his problem CAVEAT EMPTOR
lazeeboy, Oct 8, 9:06am
Can I interest you in a cheap Holden Vectra by any chance!
As is where is of course.