I brought this from a franchise dealership as a trade in and not good enough to retail, i was suprised when i flew down to collect i had to sign no warranty and as is where is "This vehicle has been traded by us and due to our franchise requirements and space restrictions this vehicle is being sold direct to the public in an as traded condition.
Vehicle seems to drive well and has a new WoF which is now not due until 28/10/2016. PLEASE READ BELOW:
- The car is sold in an as traded condition. - Although we try to be precise on our descriptions, there can be things missed out as we do not mechanically check or inspect these vehicles. - We recommend the buyer to view the vehicle. This is available to be viewed and test driven in Upper Hutt. - Any checks must be done prior to bidding, not after. - Payment must be arranged no more than 48 hours after the auction ends. - When paying by credit card, fees apply.
mrfxit,
Nov 12, 7:14pm
Dealers can NOT contract out of the CGA unless the vehicle is sold as a parts only vehicle & most likely (not sure) but would probably have to be deregistered (certainly with no wof/cof)
tgray,
Nov 12, 7:18pm
You have full protection under the Consumer Guarantees Act. They can type up and get you to sign all the waivers they want, but it makes no difference.
gman35,
Nov 12, 7:25pm
Do you car dealers think that the clear wording "no warranty" (and signed paperwork accepting this from buyer) should suffice ? I think that anyone selling anything should be able to do this (item priced accordingly) so that some one wanting a cheapest possible "no comeback" price can get such.
kazbanz,
Nov 12, 7:41pm
How Im reading it is that no they aren't trying to get out of the CGA for mechanical faults. What they are clearly explaining (without actually saying it) is that its a trade in so wont be cosmetically perfect. There will be (maybe) a ding or three a bit of missing paint,carpets might be worn out ,it won't be groomed or serviced and there might be a wiffle of smoke,cat pee, NOTHING that affects the cars ability to get from A to B just cosmetic stuff.
kazbanz,
Nov 12, 7:44pm
Yea but nahh bro.--The CGA states that if the vehicle has a CLERLY stated fault then theres no comeback. For example--You advertise a car stating that the rear electric windows don't work.and on the VOSA you state the electric rear windows don't work then theres no comeback. You do need to be specific though.
tgray,
Nov 13, 5:29am
This is not the posters situation however, but yes that's absolutely true.
shorebee,
Nov 13, 5:31am
Thanks Kazbanz, i had wanted your input, it wasnt a cheap car, nor a $1.00 reserve and nothing disclosed,A very late model mondeo diesel, higher ks but well serviced and maintained. i brought for my son as i have one as company car. it appears however the reverse mechanism in the auto is not operaing as it should, and the dealer would have known this but not disclosed. like you my intepretation was its not going to be cosmetically perfect but fit for purpose. I have booked into Ford for assesment and car sellor has offered me my money back but i flew down and drove back so its quite inconvenient and son likes the car but wants an opinion and remedy on the trans issue - it may just be software update on the powershift - dunno, but i feel the trader should have said "as is where is" on the add, and not just as traded.
shorebee,
Nov 13, 5:35am
I cannot see anywhere it says no warranty, and i expect more from a toyota franchise and $8000 5 year old car
tony9,
Nov 13, 5:55am
Hmmm, dealer has done the right thing and offered your money back. If you take it to another dealer and they fiddle with it you may have no come back as the other dealer may have broken it or made the fault worse and you have no hard evidence either way.
This is a big risk when you buy remotely. Under CGA, the dealer you bought it from is responsible for any remediation.
kazbanz,
Nov 13, 6:15am
Ok shorebee--My honest opinion. The dealer has offered to unwind the deal and give you your money back.They have done the right thing. MAYBEE you could hit them up to pick it up from you but I wouldn't be expecting that. If YOU want the vehicle repaired after they have made that offer then it is your decision to do so.You cannot force them to pay for repairs once the offer of full refund has been made. im sorry if its not what you wanted to hear. You MIGHT find that as a goodwill gesture they are prepared to contribute to repair costs but again I don't feel there is any legal obligation at all. I do have to ask this question though. didn't the company that did the PP inspection pick up the fault? How about on your test drive?
tgray,
Nov 13, 6:53am
Have you read the above posts? 'As is where is', is meaningless in the eyes of the law. Would you rather have had no comeback?
shorebee,
Nov 13, 1:34pm
I do think the dealer has done the right thing in offering money back but i have spent 500 on getting there and back and on a ford service and diagnosis. had disclosure been made i prob would not have bid so furiously in the event that there was some risk in its auto. seems to drive ok was taken as it was said from a large reputable company. i did not have an inspection done as i have seen many of these cars going well at 100k more than this. best i can hope for is that goodwill gesture in the event of something major turning up. As i said i was more surprised at the asis where is on the form and that i had not been expecting or prepared for it.
tgray,
Nov 13, 3:08pm
Tell them it is illegal to do that. It is not good enough for dealers to be misleading people like this, to get out of their responsibilities. Many play on the fact that 95% of the buying public simply wouldn't know this. Not good enough and unfair for everyone else.
gman35,
Nov 13, 5:09pm
I wasn't referring to this particular sale.
msigg,
Nov 13, 5:50pm
Clear to me, you are buying something they don't want, it's going to be cheaper, was due diligence done? The dealer has offered you money back good on them, A good dealer.
a.woodrow,
Nov 13, 6:07pm
FIrstly, there is nothing in your posts that say the deal was "as is, where is". As traded is something different. It means just that, you are buying it in the same condition that they traded it in as, they didn't inspect, service, groom it etc. It's probably said so people don't have high expectations of the condition of the vehicle.Nothing you have said so far suggests that they are trying to skirt their legal responsibilities - they offered you your money back, after all. While inconvenient that you travelled to get the car, that isn't really their problem, If I buy something at my local hardware store that turns out faulty, they give me a refund when I take it back, they don't pay me for my gas and time. Why would this be different? Really highlights the need for a pre-purchase inspection. $8K is a lot to spend without checking it out
tgray,
Nov 13, 7:34pm
The above two post are YOUR WORDS and they contradict themselves! I take back some of my previous comments.
supernova2,
Nov 13, 9:02pm
Section 18 of the CGA applies here. Reasonably foreseeable losses are claimable against the supplier. I think that should include the costs of obtaining and returning the car. The dealer knew the purchaser was from out of town so the dealer knows that the purchaser will and has incurred a loss in travel costs.
It would also appear that it is the purchaser who decides if he wants it fixed or returned and it is not up to the dealer to decide to just unwind the sale.
See below:
18Options against suppliers where goods do not comply with guarantees (1)Where a consumer has a right of redress against the supplier in accordance with this Part in respect of the failure of any goods to comply with a guarantee, the consumer may exercise the following remedies. (2)Where the failure can be remedied, the consumer may??
shorebee,
Nov 14, 5:39am
unsure why, i didnt see the form until i arrived to collect the vehicle
kazbanz,
Nov 14, 6:10am
Ok shorebee heres how I see it going down. You --Ive paid to have it fixed and I want paying. Dealer-I offered you your money back You -Im off to court Dealler--fill ya boots,I offered you your money back. Goes to court dealer provides proof they offered you repayment in full as soon as they were notified. Judge then orders then to do as they offered in the first place. THAT is what will happen if you try to bully the dealer. But if you say you are happy to keep the car and heres a quote for repairs they might concider that the best option. Not because they are FORCED to but because its good customer service and the least inconvenient for everybody. You see where Im coming from.? baning on about your rights etc will gain nothing. presenting repair of the car as the best all round option for everyone will get you a lot further.
shorebee,
Nov 15, 5:23am
Thanks, i havent threatened the dealer with anything, i have suggested their may be an issue and i am having ford look at it and will advise outcome and see if they offer anything, if anything needs doing at all, Like i said the term "as is where is" created more risk than the car itself.
tgray,
Nov 15, 5:33am
Did the form you signed ACTUALLY say "as is where is" ?
kmacb,
Nov 15, 7:28am
Was it plate # FYE258? by chance?
shorebee,
Nov 16, 12:58pm
No, it wasnt.
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