Both Lazy, buyer for not asking more questions and getting it checked out. Seller for just adding it to their standard auction write up.
r15,
Jan 5, 8:55am
cant be bothered reading the whole thread-
i have seen a 3sge altezza which had the cambelt stuck on one of the cams one tooth out. it ran fine, but once warmed up the engine check light would come on.
sounds like a likely scenario here too
jmma,
Jan 5, 8:58am
Maybe you should read the thread, timing chain (o:
tgray,
Jan 5, 9:00am
Even if the buyer as you say, thought the car was 'mechanically sound to the best of their knowledge', if it turned out that was not the case, they are still liable for claims they made on the ad as to it's condition.
r15,
Jan 5, 9:09am
chain / belt / bailing twine;mis-aligned is mis-aligned
jmma,
Jan 5, 9:18am
Fair enough.
oaic1,
Jan 5, 9:33am
Why don't you try this approach. Think to yourself that you bought a car at auction for $6500 that would have been $8000 -$9000 had you bought it from a retail car yard in your town. Acknowledge that you are at least $1500 better off for doing this. Remind yourselfthat you bought a 8 year old car without looking at it, without having it checked by a professional and without buying a mechanical breakdown insurance, from the other end of the country. Contemplate the fact that you are dealing with a third world operator who obviously has third world standards when it comes to goods and service. And now that you have to spend $1200 to fix a problem, ask yourself this. should I tie my self up in knots and waste a lot of time and energy trying to prove a case at the tribunal or should just spend some of the money I saved and get it fixed, in which case I will still be ahead (although not as much as I expected) and be able to use this car next week!
If you go to the tribunal it will take 2-3 months just to get a hearing. You will then have to argue your case. I don't for a minute think you will win but, for arguements sake, say you do win. You will then have to wait while the dealer gets round to doing it. He may insist on returning it to Auckland. You may have to take further action to enforce the decision. In short.you won't get to use this car for months.
The problem of a stretched timming chain is a common one with these cars and you would know that had you done some research before you bid. I had this same job done a couple of months ago for $700. A Toyota dealer will be the most expensive place to have this repaired.
Traditionally auctions where for experienced professionals who understood the concept of risk and reward. The internet has made many things possible for many inexperienced people who have no idea what they are getting into. Just because something is possible does not mean it's advisable. Buying used goods sight unseen is risky behaviour and you should accept the consquences of your actions as readily as you accept the rewards. In this case you have been very lucky to have learned a lesson without having to pay dearly for it.
Soooo.In my humble opinion, you should 1) find a reasonably priced mechanic to do the job for you, 2) get it fixed, 3) get on with your life (I'm sure you have more important things to do) 4) next time you are sitting in front of your computer remind yourself that just because you CAN doesn't mean you SHOULD.
fordcrzy,
Jan 5, 9:54am
at the very least you should get an oil change done with the correct oil and do a good run it it. reset the ecu and see what happens. its very likely that the car sitting in the yard lost all its oil pressure and when started up it threw a fault code due to the tensioner not being up to pressure.
rpvr,
Jan 5, 7:23pm
Incorrect information here. The buyer has asked the seller if they are willing to fix the problem; the seller has declined. They have had their chance. The buyer can now take the vehicle anywhere they like to get it fixed, pay for the repairs, and use the vehicle. They can then take the case to the tribunal and claim reimbursement. Why not! If their case fails, they have done as this post suggests and have use of the vehicle. But they have a great chance of winning, given the misleading advertising in the auction wording. My view is they will win. Their only obligation is to give the seller the chance to remedy the situation first, and they have done that.
3tomany,
Jan 5, 8:19pm
the way i see it is the car came with a guarantee of quality clearly stated in the auction as a guarantee so getting an inspection done wasnt realy nessesary because it came with a written guarrantee in the auction. No judge in the country would see it differantly
kazbanz,
Jan 5, 9:06pm
Actually -reading the exact wording of the advert -The seller is an idiot. Or at least by the wording of their advert they are an idiot. They have used terminology that clearly says they will stand behind their product. What I posted earlier I genuinely believe to be true. The Buyer needs to take personal responsibility and should have taken a warranty or had a PPI carried out. BUT---The wording of this advert clearly says that the seller is saying they stand behind their product and as such should it go to DT the seller ultimately will be told to pay up. Given the company was only established in sept 2011 and has only been trading in that location since may 2012 I'm fairly cynical as to what the outcome will ultimately be.
kazbanz,
Jan 5, 9:20pm
Mon I know this comes across as being a cynical barsteward but NOPE. You are talking the hypothetical world here. Real world is that without a clear paper trail the seller can deny receipt of phone calls or the nature of the phone calls. The buyer fixes the car without the dealers go ahead. pays for it. It goes to DT. Given that up to that point the buyer would have had a case-the dealer says "we were not given the opertunity to repair the vehicle" OP says yes you were. -catfight ensues and DT "judge" says OK wheres the paper trail! wheres the proof you asked for the car to be fixed! -Have a look back at historical cases and you'll see that senario. SOO----- The Op MUST in wrighting request that the seller organises the car being repaired and the seller must refuse in wrighting. Be it e mail or be it pen and paper.
kazbanz,
Jan 5, 9:26pm
oaic1--mate in principle I 100% agree with everything you are saying. An auction buy of a vehicle is always to be a calculated risk.NO comeback but then you get a cheaper priced vehicle. BUT in this SPECIFIC case the seller uses terminology that clearly indicates that they stand behind what they are sellingHave a read of the auction description. If Im going to offer the warranties that the seller says they are I'm sure as heck not selling that item by auction. -Its a car sold retail on the yard
kazbanz,
Jan 5, 9:26pm
oaic1--mate in principle I 100% agree with everything you are saying. An auction buy of a vehicle is always to be a calculated risk.NO comeback but then you get a cheaper priced vehicle. BUT in this SPECIFIC case the seller uses terminology that clearly indicates that they stand behind what they are sellingHave a read of the auction description. ( I cut and pasted the bit I'm refering to) We Guarantee: 1. The car has not been imported as a damage vehicle 2. The car does not have any major dents or scratches 3. The car does not have any mechanical issues 4. The car does not have any security interest aganist it, you will receive clear title 5. The odometer has been certified by AA/JEVIC
If Im going to offer the warranty of quality that the seller says they are I'm sure as heck not selling that item by auction. -Its a car sold retail on the yard
rpvr,
Jan 5, 10:50pm
I agree a written record is preferable, BUT the OP has staed that texts have been sent and received; in this technological age I would suggest this would stack up as evidence. And I do agree that without the "guarantee" wording in the auction, the buyer would be on their own.
kazbanz,
Jan 5, 11:28pm
Sorry rpvr -Im just a cynical old car man.I don't rate the OPs chances on the txt front.--Happy to be proven wrong.
msigg,
Jan 5, 11:46pm
I'm with you on this one Kazbanz, I think at the end of the day they will both pay half the cost to repair. The dealer needs to separate the auctions, this car as seen in the picture is not what they are talking about as far as the warranty/onrc etc. He has stuffed up there. If this person wins the case outright then most cars sold will have to be as is where is, or prices will rise to cover situations. It would be good if the OP gets back to the board with a result either way.
patxyz,
Jan 5, 11:55pm
CGA may not apply to auctions but the Fair Trading Act does.
Not honouring stated guarantees (imo) breaches this.
choc0licious,
Jan 6, 2:10am
3 quotes of everything, repair cost, send copy to seller. Take screen dumps and copy of auction listing.See which one he wants to pay. If no answer I'm sure u can take him to small claims.
Will be keeping on eye of this thread, like to know what happens. Interesting!
tgray,
Jan 6, 2:19am
Seeing the sellers other listings (terrible spelling mistakes!) I see they are both classified listings. I wonder why they chose to auction this one!
kazbanz,
Jan 6, 3:06am
Puddleduck Im rather enjoying discussing this matter with you as we seem to be of totally oposite poles when it comes to responsibilities. To clarify here-- IN THIS CASEThe seller made some huge errors and clearly said they stand behind their product. So in this instance Although the sellers intent may have been that the goods were as is where is they say exactly the oposite. So I agree -the buyer was argueably duped.
BUT--Grant me that MOSTLY car dealers are just average kiwi blokes looking to make a living. How do YOU propose thatHigh milage/old or even cars with faults (disclosed faults not hidden) be disposed of! With what you SEEMto be proposing a dealer should accept responsibility for any vehicle sold including those clearly sold AS IS WHERE IS. Which means a return to older trade ins being sold through the likes of turners auctions or similar. Basicly I feel there needs to be a means of disposing of unwanted trades with no risk of comeback. The advantage to the buyer is of course they pay a conciderably cheaper price but fully aware they are taking a risk .
matthew111,
Jan 6, 3:39am
tough. abandon the vehicle or sell for scrap
msigg,
Jan 6, 3:47am
Yea Mathew111 i'm sure alot of people would say the same, years gone buy when buyer beware and responsibility came into it thats exactly what would happen, now days people are different and not for the better. Too much I want and not my fault. Cheers
a.woodrow,
Jan 6, 3:49am
Did you even read the thread to comprehend the issue, or are you just a person who has a compulsive need to post, even if it is meaningless and unhelpful!
rpvr,
Jan 6, 7:29am
Trademe message boards have many threads about items stated to be in good working order, but the buyer finds issues with them. If you bought a mobile phone stated to be in good order, but found one of the keys didn't work, would you just shrugand walk away! If we all did this, every ripoff merchant would be in for what they could get.
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