Time for some penalties for trying to breach the CGA. It seems to be pretty much standard practice with dealers now. The stuff I am seeing out there is just unbelievable even before a sale is completed.
tamarillo,
Jul 1, 3:38pm
Yeah kabanz . These people need taking down several steps and stopped. Any reasonable person will assume they are buying from a dealer and just putting shit about private on reciept doesn't contract them out of responsibility.
kazbanz,
Jul 1, 4:28pm
Couldn't agree more. Cowboys like this need to be shut down.
thejazzpianoma,
Jul 1, 4:45pm
Well what are you "good" dealers doing about it then? You have had ample time and are famous for your lobbying abilities etc. What is your plan?
tgray,
Jul 1, 4:59pm
There are plenty of checks and balances in place already and the cowboys essentially disappeared from the industry 10 years ago. I think the CGA gives consumers more cover than they are entitled to, to be frank and the public have never had it so good. If you buy a 20 year old car now days, you have rights you never had previously. It still puzzles me why people like yourself find a 'dodgy car deal' and then hold it up as an example of the industry as a whole, when tens of thousands of dealer to public sales go through without a hitch. Your not a car dealer but seem to delight in scare mongering and blighting the entire industry over what are often isolated cases. I guess you could pick builders/painters/plumbers or literally any trade and find the shady ones amongst them. What am I personally going to do about it? "About what?" would be my first response. Then I would say Absolutely nothing Jazz (apart from post#21). Legislation is already taking care of it. This is my last post on this thread. Some things never change and there is no point going around in circles.
thejazzpianoma,
Jul 1, 8:38pm
I just can't believe how ignorant you are of what's going on (not meaning that in a nasty way, just genuinely amazed).
Then I suppose it's not really a surprise, as a dealer you are a bit like the cliche about the fish not being aware of water.
I know because I see these things first hand, I spend quite a lot of my time checking out car yards and private sales with people. The hit rate I am seeing of dodgy dealers is sitting around 70 - 80 percent at the moment. That's just totally unacceptable.
The law may well be over the top in terms of the protection a consumer supposedly has, however that is not the issue. The issue is there are zero consequences for dealers trying to break the law and not honor those obligations. So it matters not how much protection there is or is not, if the dealers are just going to ignore it and ignore it they do.
You have demonstrated the issue very well though. Dealers just deny there is anything wrong and attack anyone who brings it up. If you lot are so reputable you would be sorting it out on your own, good luck though with so many being that bad.
Incidentally. from what I am seeing, the vast majority of dealers are likely getting away with breaking the law, which is another reason they keep doing it. If I wasn't along to observe I would say the vast majority of rip offs I have seen in the last 12 months would have resulted in the dealer getting away with it.
Open your eyes people, go along with people who are buying, keep quiet and watch. Also, follow up after purchase especially when things need rectifying. You won't believe what you are seeing.
thejazzpianoma,
Jul 1, 8:43pm
BTW. one of the most alarming things I have seen recently was someone who was getting totally ripped off by a dealer and asked his car salesman "friend" for advice. That "friend" advised them against going to the disputes tribunal and instead take an unsuitable replacement vehicle from the dealer and try to sell it to recoup some money. Luckily they followed my advice instead and were awarded a full refund.
curlcrown,
Jul 1, 9:06pm
It's still not clear whether or not the dealer who owned the car has been contacted about the problem or even knows about it, having been sold by a third party.
jgoater,
Jul 1, 9:11pm
70 - 80%? Bullshit! The figures you quote are compete none sense. Totally made up by you. If that was the case, how come less than 1% end up disputed? You remind me of that guy who proports to be representing the car industry. Clive mathew wislon? Someone who claims to know industry inside info but has no credibility. The fact you think Fiat's are the bees knees and Toyota's are crap speaks volumes. Please stop posting nonsense. It's embarrassing.
bumfacingdown,
Jul 1, 9:13pm
"The hit rate I am seeing of dodgy dealers is sitting around 70 - 80 percent at the moment. " You must cruise the seedier side of town looking for cheap deals. If you applied those stats to your area that would leave, what 6 non dodgy dealers?
thejazzpianoma,
Jul 1, 9:27pm
The numbers are what the numbers are. I probably wouldn't have believed it myself if I hadn't been out there first hand to see.
BTW. to clarify I am considering a dealer "dodgy" for any of the following reasons.
1. Tries to contract out of the CGA 2. Misrepresents the vehicle 3. Deliberately miss informs the customer 4. Does not honor the CGA after a deal
The most common issues I am seeing are blatantly lying to the customer about critical things before the sale and trying to get out of their CGA obligations after a sale.
Interestingly, I am seeing just as many issues with quite new vehicles in top condition as I am with cheapies. It's also right across the board from official dealerships to small outfits.
It is split about 50/50 with those being blatant rip offs to those who are just "trying it on" and quickly roll over when you point out they are not honoring the CGA.
Like I say, it's a mess. Believe me, don't believe me. You have been warned.
jgoater,
Jul 1, 9:42pm
Absolute, total, utter BS. This self ordained industry expert it talking utter crap. 50/50 spilt? Total nonsense. Get a grip mate.
thejazzpianoma,
Jul 1, 9:55pm
LOL, I love how all these dealer ilk types come and just spout utter BS etc without offering any numbers or experience of their own. I even went through this in detail of the last several dealer visits and car purchases a while ago. Similar excuse making and noisy personal attacks happened then. No wonder it's got so out of hand, no one is prepared to even consider the idea let alone go and test the theory.
kazbanz,
Jul 2, 1:35pm
You didn't did you ? You weren''t stupid enough to respond to posts by a troll were you? Incidently mate-have a look at the legal definition of a vehicle trader/car dealer. -Ie someone who advertises a vehicle for sale for the purpose of making a profit. Say someone bought a car with a mechanical fault. Repairs the fault then advertises the exact same vehicle at a inflated price on another media.
happylad3,
Jul 2, 5:24pm
Update.
Emailed them this morning outlining the issue with the vehicle. Asking them to repair it under the cga as they are a rmvd.
They responded again with the fact they are only selling on behalf of the seller. That the buyer was given the information of the seller if he wanted to contact him personally (which he didn't).
Where in the cga does it say that on behalf dealers must still guarantee their sales? I'd like to have a copy of that if I could.
kazbanz,
Jul 2, 5:38pm
happylad The dealer IS a dealer ie they are a registered dealer ANYTHING (vehicle wise) sold by a dealer is covered by the CGA. You cannot contract out of the SOGA and CGA with the exception being very specifically stated faults. For example If I have a trade in vehicle that the central locking isn't working I advertise on that basis and put it on the VOSA. BUT the dealer concerned cannot "advertise on behalf" then take a "commission" -That's just trying to hide from their responsibilities as a dealer. Or to rephrase You have wrong end of the stick. See if you can find legislation that ALLOWS a RMVD to circumvent their legal responsibilities. If you go to the link I gave you then you will be able to use it to navigate to first specific advice re car "stuff" then you can navigate to the actual laws concerned --the CGA the FTA and the SOGA.
bumfacingdown,
Jul 2, 6:27pm
My understanding is if they act in any way for the owner/seller other than displaying and advertising they are deemed to have been the seller. So unless they directed ALL your inquiries to the seller, never directly answered you, they are the dealer who is responsible.
intrade,
Jul 2, 6:39pm
i think 3 times you have to ask before you go to court.
sw20,
Jul 2, 6:55pm
Please stop posting if you 'think'.
happylad3,
Jul 2, 6:56pm
Cheers kaz. Just looked up the disputes process. I see it's a $50 fee to lodge a complaint. What happens then? Are there more fees? If worst comes to happen what fees are handed out etc?
snoopy221,
Jul 2, 7:34pm
re#41 Query was this information given?
They responded again with the fact they are only selling on behalf of the seller. That the buyer was given the information of the seller if he wanted to contact him personally
If not a query via LTSA may well be do-able Would be interesting to see what line they were giving to the seller and quite possible they doudle-dipped on the sale and charged the seller a fee as well as the buyer.
kazbanz,
Jul 3, 10:48am
The ONLY possible way it could cost the customer concerned more money is if the claim was really stupid . (they use more polite words) There is a bit of faffing around involved. PLEASE though do exactly as I have advised at this point-Get screen shots of the advertising everywhere so they can't deny. You will eventually need to get a written evaluatation of the gearbox by the mechanic. THAT isn't the point in question.-Taken to MVDT the dealer will be told they are a dealer-its all go from there
kazbanz,
Jul 3, 2:43pm
Sorry mate--Not true.
the-lada-dude,
Jul 3, 3:06pm
trespass on, usually,private property
happylad3,
Jul 3, 8:30pm
Yup we are doing as you have said kaz. As earlier said they have declined to repair the vehicle. Do we respond with a statement we are taking them to the MVDT? Or just start the process rolling and let them contact the dealer?
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