Dealer prosecuted for $1 reserve as-is listings

Dealers aren't allowed to sell as is where is.
The words-"sold as is" are used several times in the advert.
That is not an end of life type vehicle so they are just trying to avoid their legal responsibilities

Possibly semantics or a poor choice of language, I read "car will sell as is condition" to mean we haven't groomed, serviced it. It's being sold as it came in.

There isn't any vehicle selling as is where is, no comebacks on this vehicle warning.

Did you note that the seller is saying they will not be doing a new WOF?
again illegal for a dealer

That is what I thought. Dealer must sell with WOF no more than 28 days old?

What does it mean when a registered motor vehicle dealer says the car is for sale ‘as is, where is?’

When this term is used by a registered dealer it generally means that the car’s warrant of fitness (WOF) is more than one month old. If you go ahead and buy the vehicle, you have to give the dealer written confirmation that you accept this. If the WOF is not current, you’ll also have to confirm that you will not drive the vehicle except to get a WOF for the car.

When a dealer advertises a vehicle “as is, where is” it does not mean that they no longer have obligations under the Consumer Guarantees Act or the Fair Trading Act. You should still expect the vehicle to be in a condition fit for driving. If the dealer advises you that the CFA and FTA don’t apply because you bought the vehicle “as is, where is”, they would be in breach of the FTA for misleading you about your rights.

sw20--sorry but that's well out of date

Changes since late 2016? I thought the last change was the CGA thing regarding auctions which was at least a couple of years prior to that.

Gret that rules are being enforced and example made.
Very very few dealers on here show the info card and I do wonder why Trademe don't just use software to make it compulsory upload for dealers
BUT Dealers do need a way everyone agrees to and understands to sell off trade in stock.

You refer to the CIN/SIN card ? The one that must by law be displayed on the VEHICLE.
Also--trade me are ONLY an advertising media. No more. They are not nor ever will be some pseudo law enforcement agency.
The day will come when they realise this

Its not quite that simple. From a sellers point of view, I can understand them not wanting to be dicked around. Hey, its a $1 reserve dont pay too much, inspection before and no inspection afterwards.

I get that. But look at it from a buyers perspective. I should be able to rely on the seller being honest about the condition.

Ok, I see a car in Invercargill I really want. Its a model I been looking for, for years. How is there any logic to me driving all the way from the top of the north Island to the bottom of the south island to look at a car that I might be out bid on. Shouldn't I be able to rely on the sellers honesty - description to some degree. No rust should mean no rust, not the bottom of the car is about to fall out. Good condition shouldn't mean, needs an engine over haul.

So whats the best answer? To my mind, if I buy a car from a $1 reserve auction I should be able to check it out to make sure the car is as was represented. Whats wrong with at least inspecting the car and making sure the seller hasn't changed the tyres on it from the new ones that were in the add? In fact whats wrong with checking out the car before handing over the dollars to make sure the seller isn't a lying scumbag out to rip me off? Who in their right minds hands over any money with out pre inspecting their purchase? For all I know you could have been dropping wheelies and blown the engine the day after the auction closed.

As much as i do get it from a sellers point of view, often its just not practical to pre- inspect. I struggle to understand the mind set of some one that thinks that (snatching a figure out of the air) 30 different people have to spend time to travel from different parts of the country to view, when there can only be one buyer. What a massive waste of peoples time.

And whats wrong with just being honest with the description and letting the buyer check it over to make sure he isnt being conned.

The only reason I can see for not letting a buyer show up with cash at your door stop ready to pay for the his purchase, - then not let him inspect, is if there is something wrong with it because you lied about it in the auction. After all, who in their right mind is going to travel miles with cash with no intention to buy. No one coming from any distance is coming with the intention of looking for a way out of the purchase.

There are two sides to this debate. It's ok looking at it from a sellers point of view but you have to look at it from a buyers perspective too.

I refuse to buy a car from $1 auction for the very reasons above. I think its fair and logical that after buying a car, auction or otherwise that I get to view it to make sure the seller isn't a blatant liar. And I refuse to travel to view unless its on my back door step.

I think if a seller was to advertise a car, inspection welcome after bidding to make sure car is as was advertised, and Im not talking about taking it to a garage, just a ride around the block and a quick look over, would help sellers to fetch a better price. And give buyers some peace of mind.

My thoughts for you.