CGA.

gazzat22, Feb 9, 1:36pm
Just to get this clear,if a dealer advertises a car as a trade in ,no mechanical inspection has been done and the CGA and the Sale of goods Act do not apply is this correct and if the vehicle craps out in a week or 2 does the buyer have any redress>Thanks
tgray, Feb 9, 1:48pm
The CGA and Sale of Good Act DOES apply, whether they advertise it applying or not.
tgray, Feb 9, 2:13pm
Even if they get you to sign a waiver, saying it doesn't.
tony9, Feb 9, 3:15pm
The only way the dealer could get around the situation is by clearly stating that the car is stuffed and is highly likely to fail in multiple ways within the next week or 2. However if in the same statement the dealer states that the CGA does not apply then they might even be liable for faults in the first week or two as the statement could be deemed invalid.
tgray, Feb 9, 3:44pm
Yes, if the dealer advertised the car in poor condition with multiple major faults, then that would reasonably exclude comeback under consumer laws, as it matches the description and there would be no case regarding misleading or deceiving advertising under the fair trading act.
In the real world however, how many sellers would be this forthcoming?
kazbanz, Feb 9, 4:11pm
The CGA etc apply to any vehicle sold by a dealer except where the dealer has specifically stated there is a fault.
A buyer can't make a claim when for example it clearly states in the advert -gearbox faulty or head gasket blown against those faults
The exception to the rule is if the dealer again very specifically states that the vehicle was sold for the specific purpose of being dismantled/wrecked in their advertising.
That would need to be backed up by the buyer initialling the clause on the vosa that states the vehicle was sold for dismantling only.
franc123, Jun 28, 6:01am
Not very many because for the most part they wouldn't have a clue about the true condition of what the are trying to offload anyway. Its highly unlikely these trade ins are even taken on an extended road test before being offered for sale, let alone put through any sort of mechanics inspection.