Forgot to mention the CGA & fair trading act apply

jgoater, Jul 13, 2:53pm
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curlcrown, Jul 13, 3:04pm
The CGA states that the product must be fit for a purpose made known by the seller. One could argue that it has been made known by the seller that no warranty applies to this vehicle. The CGA and fair trading act are not always warranties.
tony9, Jul 13, 3:04pm
If you are the seller and you forgot to add that then just change the lising.

But no need to bother, anyone with half a brain would realise that. No legal need for a vendor to say compulsory legal requirements apply.
bumfacingdown, Jul 13, 3:21pm
Certainly in "as is" condition
pauloc, Jul 13, 4:48pm
If you dont like it don't bid or do you expect the nanny state to help you out?
bitsy_boffin, Jul 13, 4:59pm
One could, one would not get very far with that argument though.

The CGA applies to that vehicle sale just as much as it does to any other vehicle sale. If the vehicle has a fault in an unreasonably short time, having paid 4 and a half grand for it, the dealer is, like it or not, required to remedy the situation. And the FTA mandates they can not mislead the public about that.

We don't have to LIKE the law, we are free to think it is a stupid annoying impractical law, but we do have to FOLLOW the law until such time as it is changed back to the perfectly functional as-is-auctions that used to be permitted.
intrade, Jul 13, 5:02pm
re 6 i agree i dont like the police state laws but why should some dealers not have to obey the stupid law when it takes other dealers potential profits away by pretending the rules dont apply to them.
exwesty, Jul 13, 5:09pm
They have the same on a lot of the their current listings.

They'll learn in time.
stevo2, Jul 13, 5:13pm
Correct me if I'm wrong but .
They cannot "opt out" of the CGA. The only way the CGA does not apply is if it was sold as an "End of life vehicle" suitable for parts etc or if it is sold to a business "for business use".
Fair trading act still applies.
dinx, Jul 13, 5:14pm
There are a hell of a lot of landlords who cry ignorance by including illegal commercial carpet cleaning clauses too, exploiting those who don't know their legal rights, knowing full well its not legal and trying to get away with it.

Then again, from a few listings I've seen there are a number of traders who obviously work commercially but are trying to slip the odd import or tradins off under private TM accts to avoid the "in trade" obligations for CGA & FTA too. Pretty hard to justify that a fresh import needing ORC's isn't being sold "in trade".
bumfacingdown, Jul 13, 5:18pm
And only selling to recover costs, each other one on TM must be out to recover costs going by the prices
franc123, Jul 13, 5:48pm
I must be missing something, a 11yo 114k Familia isn't what I would consider End Of Life, unless its suffered some sort of damage that's had a poor repair since it was complied three years ago or its got a dodgy auto its difficult to see why it wouldn't have been groomed and detailed and on the yard for, well others might have a better idea, $5995? Its not a POS on the face of it.
tony9, Jul 13, 6:06pm
You cannot make the CGA not apply. It is compulsory for all goods and services for those in trade.

Even stating "Only good for parts" can still give a reasonable person the belief that the parts are good enough to be used for replacement parts, including engine and transmission.

"Good for scrap and beyond reasonable service life" would possibly ensure no comeback via CGA. However the sale price would have to be also what a reasonable person would pay for scrap.
tgray, Jul 13, 6:57pm
No correction needed.
The thing is, how many bidders after reading this ad, would actually know that they have come back? The average layman would think they are on their own. The Fair trading Act says you cannot mislead.
jgoater, Jul 14, 5:53am
I did a Google maps 'street view' search of their viewing address at 5 Norris ave Te Rapa.
cammey, Jul 14, 6:10am
Pretty fair advert. Tells it like it is. If you bought that, and then expected to make some sort of warranty claim, I would say you were being http://media.nzherald.co.nz/webcontent/image/jpg/201528/donotdumbhere_620x310.jpg
kazbanz, Jul 14, 7:11am
sorry cammey you are missing the whole point.
What this dealer is trying to do is avoid their legal obligations under the CGA and SOGA. That is against the law.
The cannot legally say the vehicle is as is where is.
tgray, Jul 14, 8:49am
And the Fair Trading Act forbids misleading advertising.
Why do companies still do it? Because they can.
ps/ It makes no difference if a dealer is trying to make a profit or not, as to their legal obligations.
If genuinely selling for cost, why not a classified rather than an auction?
cammey, Jul 14, 3:57pm
OK fair call. How does a dealer get rid of a vehicle that it is not prepared to put a warranty of at least CGA level on ?
kazbanz, Jul 14, 4:10pm
ONLY sell to wholesalers,sell for parts use only,sell through Turners damaged auctions. NOT trade in cars at all.
Ive said it many times before--the law is a total ass.
There is NO quantification of the CGA so that 300k 1992 car has the same protection under the law as the 5 year old 25k car.
Sure MVDT may very well on a case by case basis decide differently but its a truckload of drama for a totally unnecssary loophole in the law,.
tgray, Feb 9, 9:08pm
Good point Kaz, but of course the criteria of 'acceptable condition' for such a car is adjusted accordingly. If the car had a major fault 3 months after purchase, I doubt the tribunal would rule in their favour.