DAMIEN O CARROLL/FOOTAGE SUPPLIED
The Stuff Top EV for 2020 is the Porsche Taycan. He alleged the car did not comply with its description and Sunday Ltd had engaged in misleading conduct. Sunday Ltd denied liability and said the car was described as a 2015 Panamera because that was the year it was first registered. “For the purposes of the Motor Vehicle Register administered by the NZ Transport Agency and the Consumer Information Standards (Used Motor Vehicles) Regulations 2008, the ‘vehicle year’ is the year of first registration anywhere in the world rather than the year in which the vehicle was manufactured,” it argued.
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Some cars damaged in car crashes can be repaired, reregistered and resold, but motor dealers must tell buyers the true history of what they are buying.
A legal challenge to the duty of used car dealers to tell potential buyers when a car is a former insurance write-off has been abandoned. In October, Taieri Motor Court in Dunedin was ordered to pay a buyer $5000 by the Motor Vehicle Disputes Tribunal after failing to tell buyer Mark Thorn that a car it sold him had previously been written off for insurance purposes, and then repaired and re-registered. Tribunal adjudicator Jason McHerron said a reasonable buyer would expect to be told if a car was an insurance write-off, and that by failing to do tell Thorn, the company had breached the Fair Trading Act.
Clemens returned the car to the dealer, which replaced the tyres and fixed the other faults before handing it back to him in May. In July, Clemens paid $650 for further repairs, then tried to sell the car on Trade Me, according to the decision. “He says that he was then told by potential buyers that the vehicle had previously been de-registered, which caused him to believe that the vehicle may previously have been in an accident.” In October, the car was taken to South Auckland Motors, a Ford franchise, after Clemens noticed steam coming from the engine. The franchise found a raft of further issues, including a hole in the coolant line, a “severe” oil leak, a “large dent” in the muffler, missing underbody trays, and a broken sway bar link. The mechanics believed that to be a “long-standing fault”, the tribunal heard.
Auckland car dealer to pay $14k refund after man buys once written off car
2 Jan, 2021 01:00 AM
3 minutes to read
An Auckland car dealership will fork out a $14,000 refund after selling a car that had been once written off before being reregistered. File photo / Alex Burton
NZ Herald
An Auckland car dealership will fork out a $14,000 refund after selling a car that had been once written off before being reregistered.
As a recent tribunal decision details, Robbie Clemens purchased the 2006 Ford Focus from A Grade Wholesales Ltd and found defects including a damaged turbo, a loose engine mount, a severe oil leak and damaged radiator support panel.
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