Found this wording in a dealers advert on here for a $1 no reserve auction clearing a trade in. I think it is fair enough but if someone was to purchase the vehicle especially if they buy it sight unseen how well would it stack against the GGA if something craps out?
CAR CAN BE VIEWED AT Xxxxxxx THIS CAR IS A TRADE IN. PLEASE COME AND CHECK IT FOR YOURSELF OR GET SOMEONE TO CHECK IT FOR YOU IF YOU ARE FROM OUT OF TOWN. PLEASE NOTE THOSE THAT BID ON THIS CAR BUT DO NOT VIEW IT ARE DEEMED TO BE HAPPY WITH IT IN ALL RESPECTS.NO EXCEPTIONS YOU BID ON IT YOU WIN IT YOU OWN IT. FEEL FREE TO ASK QUESTIONS??
tgray,
Oct 17, 2:29pm
The short answer is, yes you own it, but the CGA still applies.
kazbanz,
Oct 17, 2:52pm
A deasler can't contract out of the CGA so all the words in the world mean nothing when it comes to the law.
tgray,
Oct 17, 2:56pm
The thing is though, most people reading an ad worded like that would think there is no come back at all. Clever? sneaky? you be the judge.
mrfxit,
Oct 17, 5:06pm
Regardless, it sounds perfectly reasonable
franc123,
Oct 17, 5:19pm
I'm not seeing the issue. Nowhere have they said no warranty or directly stated CGA doesn't apply or no comebacks or words to that effect.
tgray,
Oct 17, 6:12pm
"You bid on it, you win it, you own it." All very well, but it really comes down to if they actually hand over the money or not.
stevo2,
Oct 17, 6:42pm
Thats nothing. One of our local car sales here in Tauranga has this disclaimer on all of their vehicle sales. "Anyone purchasing vehicles at ****** that are older than five years and having exceeded 100,000 kms should understand that the vehicle has already substantially exceeded the reasonable expectation anticipated by the manufacturer, and the manufacturer's warranty period for any component of the vehicle. Buyers must purchase only after knowing that major or small faults and repairs are likely at any time. ****** makes no representations as to future reliability for any purpose. Therefore after stating the nature of the vehicles ****** sells outside of the 24hr Money Back Guarantee, ****** will not be offering any after sales service." Now THAT clearly breaches the CGA. and it in black and white on their website.
franc123,
Oct 17, 7:05pm
That's just more complete bollocks, manufacturers can and do cover their vehicles on certain things outside of the official warranty period, depending on the nature of the failure/complaint and its maintenance history. its in their interests to do so especially if the client bought it new and may even own more than one of them. They may cover the full cost of the repair or at worst do a 'deal' on a percentage of the parts and/or labour cost. Problem is the average moron who baulks at the idea of using the official agent for service either inside or just outside of warranty and would rather be on their own and pay the full cost of the repair elsewhere if they are even capable of doing the repair properly doesn't know that.
wind.turbine,
Oct 17, 8:19pm
the thing that gets me is when people go and buy a 10 yo car and 2 months down the track it craps out, then blame the dealer.
yes if its a new car fair enough but you get what you pay for when it comes to 2nd hand cars
tgray,
Oct 18, 6:10am
If I bought a 2005 car and 2 months later it 'crapped out', I think it's entirely appropriate to be calling the dealer back. (car dealer myself)
gammelvind,
Oct 18, 6:18am
Does look like that, but on the other hand what do dealers do with end of life trade ins? What he seems to be doing, $1 reserve and out she goes seems reasonable to me. I simply came across it as I have a relative coming out from overseas for a couple of months and though might as well buy a cheepy than have them hire a car while they are here.
supernova2,
Oct 18, 8:37am
IMHO they are pointing out that in their opinion anything over 5 yrs and 100,000k has reached the end of its life. If you then buy armed with that knowledge I believe you might have a few problems at the DT as you would have to establish that the dealers description of the vehicle was wrong.
Yes you cant contract out of the CGA and I dont believe they are doing that, they are simply telling you that all their vehicles are junk and could have all sorts of problems. Saying they wont fix it is a bit of a problem but you still have to prove that you bought the "pile of junk" but didnt believe it was a "pile of junk" and it was therefore your expectation that it was perfect and wouldn't have any problems.
I think the dealers statement was drafted by a crafty lawyer. Who knows if they will get away with it. Only a few cases in the DT will prove the point either way.
Incidentally we have purchased a couple of vehicles from them in the past and both have run for years without any problems. Its called "due diligence".
kazbanz,
Oct 18, 9:02am
Hang on a bit toby. I know this is perhaps argueing semantics but theres a big difference between "blaming the dealer" and "asking the dealer to fix it" To me the second someone comes in blaming ME for a minor or major mechanical issue instantly gets my back up. saying -theres a problem how are we gonna sort it out gets a much better response.
tgray,
Jan 29, 1:04pm
I took the 'blaming the dealer' comment as a throw away line and the real intent was more the dealer is responsible or otherwise for the issue. Perhaps the poster could clarify?
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