CGA

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totalimp, Dec 7, 4:47pm
We bought a used car from a dealer, year 2013 had done 130000kms. I don't want to give make and model away just yet, was the only one in the country for sale and i don't want to risk singling us out. Didn't get an inspection done. Discovered 2 weeks into owning it the back left door didn't close flush. Thought someone had tried breaking into it. Took it to panel beater for assessment and they've said nothing to do with a attempt at breaking in, that the front and rear has had some major panel work done and we need to go back to the dealer. Carpets all wet, leak somewhere not immediately obvious, so not a quick fix. Have to rip up all carpets and dry out to find leak blah blah blah. Especially at this time of year. Contacted the dealer and they have said there was nothing bought to their attention, they didn't notice anything and are getting in touch with the previous owner (who is apparently a lawyer) to see if there's any info. Given we didn't get the PPI do we have any recourse? As I type it I think not. But have to ask, it's gonna leave us in a hole and mess up our xmas plans in a big way. Guessing thats just the price we have to pay for not having a closer look at it. Do we have any right to reject the vehicle? If the dealer comes back and says the previous owner has no knowledge and it's not something they'll fix as it wasn't bought to their attention until now, is there anything we can do?
(Please be nice, i know we c0cked that up, i thought buying from a dealer we'd be ok. I'm close to tears here lol)
ETA, felt like a timeline was appropriate. Went up beginning of november to test drive, signed the papers to trade ours in. It was delivered down 2 weeks later after being groomed. I think we've actually had it in our possession for 3 weeks total. I noticed the door was flush 1 week ago. Hubby finally took to panelbeater today
totalimp, Dec 7, 4:49pm
When i say it was the only make model, i mean the only one under $60K. All other models for sale are currently brand new.
totalimp, Dec 7, 5:01pm
I've actually just found the old advert with a picture of it and it shows the door not flush. Hopefully that helps us or does this just mean the defect was there and we bought it "knowingly"
nice_lady, Dec 7, 5:04pm
Surely the groomer should have noticed the wet carpets?
And no the CGA doesn't say you have to do any ppi or similar on a product prior to purchase. The product must be

Fit for propose

Of reasonable quality, ( and that is somewhat detetmined by and dependant on the price paid).

Have no defects that if a reasonable buyer had known of them would have resulted in them not buying said item.

Some one may be able to add to this list.
bitsy_boffin, Dec 7, 5:10pm
CGA should cover you. Car that leaks like a sieve is clearly something that needs to be fixed, and since it was like that when you bought it and wasn't brought to your attention. on the dealer to sort it out.
s_nz, Dec 7, 5:11pm
http://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html

Under the CGA, goods must be of acceptable quality.

With regards to the back left door not closing flush, it depends on the degree of the issue. Given the car is 7 years old, it is not reasonable to expect it to be in the same condition as it left the factory, but it being a challenge to shut the door would not be acceptiable.

Regarding a leak into the vehicle, I think this is clearly not acceptable quality for a vehicle of this age.

With regards to rejecting the car, this can be done under section 18 (3) (a) of the act, but it must be done within a reasonable time, and failing's must be substantial as defined in section 21. One of the listed failings is "the goods would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of the failure;". I think one could make a fair argument that a reasonable consumer would not have purchased the car if they were aware of a water leak.

The bad news is that retailers don't make it easy for consumers to avail their rights under the CGA. Typically first they will play dumb, tell you its your problem etc. Once it becomes clear that you know what you are on about and you are not simply going to walk away disappointed, they will suddenly be (or get somebody) who is quite failure with the Act, and will try to push you to accept repair or similar rather than allowing you to reject the car. Many retailers will back down if you continue to insist, but some won't honor their obligations unless you take them to the courts/tribunals.

Good luck.
intrade, Dec 7, 5:12pm
ok the only one who could advise is kazeban.
The biggest danger to you is 2 things number 1 the dealer sends his ltd company in recivership. or 2 the dealer only started the business to ri people off likey you and ten take the money and run.
If its a legitemet business then you have a chance for it to be fixed.
And from what i read it sounds like the car should be in a crusehr and not on the road.
So what you will need in any case is a old cheap car. or a pushbike or something as i can see that taking 6 month unless you get your money back and to get that done correctly you need kazeban from who you should have bought a car in the first place.
millars cars in henderon akl.
s_nz, Dec 7, 5:13pm
My understanding it that the dealer being unaware of the issue is irrelevant. They are obliged to only sell good's of reasonable quality.
intrade, Dec 7, 5:20pm
on a side note its mindeboggeling what trasheaps sell for huge money. like a stolen 2005 van sold this morning for 5 grand at T live auction. i was going to offer 1500 as thats what it is worth. stolen recovered dented all over including roof does not start. hih milage still with mikimouse tourist toothpick trash camper conversion.
and at damaged auction there is 100% no comback. you really wonder what morons pay this much.
tony9, Dec 7, 5:44pm
What it would likely come down to is what is the brand and model and how much you paid for it. If you got it for a significant discount and could see the back not closing properly when listed then you have little to claim for.

The CGA does not guarantee the quality of the item, rather would a reasonable person consider the vehicle was in fair condition for the price paid.

BTW, you are not helping us by not saying the model and price, you really do have nothing to lose and all to gain by stating it - it would make your position clearer.
totalimp, Dec 7, 5:45pm
It was a 2013 mux paid $30k for it
tony9, Dec 7, 6:16pm
Not cheap then. So one would not expect it to leak like that.
lythande1, Dec 7, 6:22pm
Of course you do. Did you go look up what the CGA says? Go on then. If Dealer won't cooperate, take it to MV Disputes.
totalimp, Dec 7, 6:37pm
Thanks all, I feel a little more comforted now. Will wait and see what the dealer says. They’ve been around for decades so I’m sure it’ll work out. Just a pain and will likely cost us a hire car or something cheap while it gets sorted.
nice_lady, Dec 7, 7:42pm
Actually I believe you can claim for ancillary expenses.
Go look up the GCA. It's readily available info.
3tomany, Dec 7, 7:49pm
I would reject the car in writing and return it to the dealer. If that does not work then file a claim under the disputes tribunal. The thing will be trouble.
intrade, Dec 7, 7:55pm
put cga in the search box on left select last year and hit search and read the results
nesta129, Dec 7, 10:55pm
at one of my old dealership jobs,we had a A180 that had a bad leak into the carpet,literally the whole floor carpet had become soaked etc. No ppi was done when sold but anyway the customer brought the car back and we sorted it.
So cga most likely cover you.
kazbanz, Dec 7, 11:06pm
Eep what a shimozzle. First question mvdt is likely to ask is why no ppi. But that boat has sailed so first thing is to establish if the vehicle was an insurance wright off ie deregistered / reregistered. If so and not stated on the CIN card then you have immediate grounds for rejection. If not then l feel you need to have an in depth assessment of the extent of the damage. Plenty of cars have panels replaced after not particularly major accidents. So finding out the real state of the car is important. If it’s minor and the door simply needs a bit of adjusting then you still have a good car. If it’s major then again you have good grounds for rejection. I must add that at this point l don’ t feel that going in all guns blazing is the way to go. Get your facts straight . You may be panicking over nothing. If you aren’t then if it’s a reputable dealer they are likely to want to sort the matter out . Do keep everything documented though so if it turns bad you have records
totalimp, Dec 8, 6:10am
Carjam shows it was registered first with a personalised plate, and then in 2016 it had its standard plate.
I agree with getting an assessment done - is that something we should/can do on our own accord? Or is that something we ask the dealer to do?
Apparently the leak is not related to the door, the low point is in the back and most of the water is in the front apparently, although there is water in the back, just not as much as the front. Panel beater couldn’t see where leak was coming from and said it needed a thorough look at. But he also said most cars have been in a crash of some kind so it’s not uncommon. Apparently it was stored at the hard undercover hence they weren’t aware of any leaks.
Definitely not going in guns blazing, said to hubby be gentle but firm. Will see what they come back with today.
totalimp, Dec 8, 6:11am
How would we tell if it was an insurance write off?
msigg, Dec 8, 7:12am
They will probably fix the leak and you can keep the car. If you don't want it now because of what else you know then I would say that's your problem right there. I wouldn't give you your money back. Just saying sorry.Each to their own.good luck.
totalimp, Dec 8, 7:26am
I’d absolutely be stoked with that. Ideally just want the car properly fixed
kazbanz, Dec 8, 8:00am
. It will show on the registration record that it was deregisteredat some point. Re assessment YES definitely get your own assessment as to how extensively damaged the car was. I’m also concerned about the electrical components in the foot well. It may be coincidence but l am wondering what has happened to the cars filled with water in the Napier floods a couple of weeks back
totalimp, Dec 8, 8:18am
Funny story. We bought/test drove it the sunday before the monday floods there. So yes, that's on my mind, although the pictures of it advertised were taken before the floods, but it may explain why no one didn't pick up on the leak. The panel beater said the pooling is around the wiring looms, he apparently pressed into the carpet and his finger was in a little puddle, he was concerned about potential electrical problems down the line if not repaired correctly. Will organise to get an assessment done on it at our local. Thanks for your help.