"Private sale on behalf of customer"

tgray, Jun 11, 7:21pm
I see this on Trademe often.
So if a dealer sells a car on behalf of a customer and says it is a private sale, does this mean the CGA and all associated laws do not apply?
Is it really a private sale if the dealer is selling the vehicle to you?
tony9, Jun 11, 7:23pm
If the check, cash or bank transfer goes to a dealer then CGA must apply. However if the ad says the car is stuffed/end of life then CGA won't do much to help.
tgray, Jun 11, 7:28pm
I am seeing a $9000 car advertised like this right now.
tamarillo, Jun 12, 6:47am
Tony answer helpful, maybe ask who will money be paid to? You could ask that it be paid to them and see what they say.
kazbanz, Jun 12, 6:52am
If its a GENUINE private sale OBO the private owner then an payment,negotiation has to be with/to the owner.
If payment goes to the dealer and/or they make a profit from it then IMO the CGA etc has to apply
tgray, Jun 12, 11:13am
With all respect mate, whether they make a profit or not, is surely not relevant?
I sell plenty of cars at cost price or for a small loss and the same laws all still apply.
carstauranga001, Jun 12, 12:41pm
Crikey mate, honestly you have been in the industry long enough to know the answer. Public buys off dealer CGA applies! What the car is ,where the car came from and who owns it totally irrellevant! Report these scumbags to TM!
kazbanz, Jun 12, 3:30pm
Nahh you are missing the point dude.
If the OWNER of the car speaks to the buyer and the sale is between the buyer and the private owner then the same applies as if it was on a park n sell yard.
But if the paperwork is between the DEALER and the buyer then the dealer can put what he likes in the advert its a dealer sale.
mopsy3, Jun 26, 3:38am
Sold a Falcon through a dealer on behalf at Christmas and it had a fault in the Cruise Control Dealer would have had to fix it if we didn't agree to. Turned out that it was never set from factory anyway so Ford paid.