Dealer car that wont come with wof, legal? Page 1 / 2

toyboy3, Feb 21, 1:44pm
You have had the warning bells and you still want to buy? There are other cars available with a New wof .

franc123, Feb 21, 1:54pm
If you are genuinely keen I'd follow their advice and go check it out, they are inviting inspection after all, tell them you are taking it to a Lexus/Toyota agent for the once over. It should be established pretty quick if there is something wrong with it that makes it not worth buying, be it a WoF issue or otherwise. Then go back and negotiate.

intrade, Feb 21, 2:01pm
well look no further
All Pearce brothers– banned except for Takanini, banned for reporting diesel fuel leak, wof fail, new wof issued
if its in takanini you can send him to check it if you want it.

kazbanz, Feb 21, 2:15pm
NO it is NOT legal.
A dealer is legally required to sell a vehicle with a less than 28 day old WOF. The ONLY exception is where they state all faults and that the vehicle will not currently pass a WOF. ie--Needs shock absorbers for WOF

differentthings, Feb 21, 2:43pm
its gone, but for 17k you would think that they would splash out the $50 for a wof check

franc123, Feb 21, 3:10pm
Poof well that was too hot to handle. pretty bizarre behaviour on the part of the dealer all things considered.

kazbanz, Feb 21, 3:22pm
I asked if it was covered under the CGA -then it was gone.

franc123, Feb 21, 3:29pm
Thumbs up to admin I say.

wind.turbine, Feb 21, 3:36pm
even selling privately you are required to sell with a Current WOF less than 30 days old, or you must have written and signed agreement between buyer and seller if it is over 30 days or cannot get a WOF due to failed items.

toenail, Feb 21, 4:15pm
there are plenty of cars advertised by dealers that are sold "on behalf of customers". They are the trade-in where the dealers is opting out of CGA. When confronted, they just say "inspections welcome" without answering the question about CGA.

vivac, Feb 21, 4:27pm
That is what i thought.
Thanks for the confirmation.

vivac, Feb 21, 4:29pm
I was considering it but most likely wouldnt buy it, but it was advertised very cheap for an ISF, a car i think would replace my C55 quite nicely and it could have been a bit of a do up bargain, or a nightmare.

vivac, Feb 21, 4:30pm
Definately would have checked it over before buying, was more wondering about the legality of their claim of selling without WOF.

vivac, Feb 21, 4:35pm
That is a pretty eye opening list of dealers there.

curlcrown, Feb 21, 4:56pm
I didn’t see the add but from what I can gather it was 17k for a lexus ISF. Seems way too cheap.

franc123, Feb 21, 5:18pm
There was a start price listed for $16.5k, what they actually were looking for is anyone's guess.

differentthings, Feb 21, 6:24pm
They can't opt out of the CGA.

differentthings, Feb 21, 6:25pm
Thanks for reporting the listing # 2980974983, 2008 LEXUS IS F.

The Trade Me Customer Support Team have reviewed the listing and has deemed that it is in breach of our terms and conditions. As a result the listing has been removed from the site.

Thank you for bringing this listing to our attention and making Trade Me a better place to buy and sell.

Happy trading!

Trade Me Customer Support

2sheddies, Feb 21, 7:20pm
Lucky to get a result so quickly. The few times I've reported listings, they take so long to review it that the listing has run it's course before they've taken any action.

tgray, Feb 21, 7:22pm
I can't see Trademe withdrawing a listing because the WOF was not a new one?
OK I didn't see the original listing.

spead, Feb 21, 7:53pm
I believe any vehicle can be sold as is where is by any person if the purchaer is fully made aware of faults, lack of WOF etc.

differentthings, Feb 21, 8:21pm
You can not contract out of the CGA. They were not selling it as end of life, good for parts only.

differentthings, Feb 21, 8:48pm
Warrant of Fitness (WoF)
If you're buying from a car dealer, the vehicle is required to have a WoF less than one month old at the purchase date. If you're buying privately, a WoF is not legally required if the sale details clearly state that you agree to buy the car in the condition you saw it 'as is, where is'.
When you sell a used motor vehicle to a retail customer, you are entering into a legally binding contract. . As a trader, misleading consumers by using phrases such as “Trade Sale – Sold as Seen” or “No Refunds” is not only illegal but also completely voids the contract

curlcrown, Feb 21, 8:56pm
Okay that make more sence. That's less than wholesale.

toenail, Feb 21, 11:04pm
They can't, but then when some punters buy the car, there won't be a sale / purchase agreement with the dealer, and there is no paper work with the dealer's name on it.

Potential listings that falls into this category:

Use search string "

So the dealers are operating as an agent for the owner of the car, they don't own it. These cars are sold together with cars that the dealer owns as well.

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