Trademe car auctions - 'as is' and dealers

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gzt

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#154268 22-Oct-2014 19:38

Trademe car auctions - 'as is' and car dealers. A while back the law was changed to ensure the CGA applied to auctions.

Looking at trademe today it is common for dealers to specify 'as is' condition of sale. I'd guess most of these are trade in vehicles.

So there is nothing preventing a car dealer contracting out of the CGA in this way?

I have no objection to it but I would like to understand a bit more about when seller/dealer can and cannot contract out of that legislation.

richms

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#1160260 22-Oct-2014 19:45

Correct, selling a car as is means that they buyer is taking responsibility. I am glad they are allowed to do this as otherwise the cars would just be sold "privatly" thru peoples mates etc, or else scrapped.

Without as is in the description they have to ensure one month old WOF and then put up with buyers expecting them to fix every little thing wrong with a used car for an unreasonably long time.

Richard rich.ms

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#1160264 22-Oct-2014 19:52

I thought one cannot contract out of CGA? please enlighten :D

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#1160265 22-Oct-2014 19:53

and yes, I am interested, as I cannot see car dealers selling junk at junk price with full warranty!

richms

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#1160267 22-Oct-2014 19:54

Cars are covered by other acts.

CGA says fit for purpose it was sold as, which is as-is.

Its a great thing that I wish was able to be applied to all items for sale without having to mess around with saying "trade sales only" and other things.

Richard rich.ms

gzt

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#1160282 22-Oct-2014 20:05

richms: Correct, selling a car as is means that they buyer is taking responsibility. I am glad they are allowed to do this as otherwise the cars would just be sold "privatly" thru peoples mates etc, or else scrapped.

Thanks for that Rich. Conclusion: Dealer can contract out of CGA if pre-sale.

As an aside off the main topic, a few months back I went to see a car advertised by a dealer on Trademe. No mention of as-is. After I had test driven, the dealer said by the way there is no guarantee. This was a bit annoying to find out at this point but not the right car anyway so no issue. I expect that one is a bit naughty and the dealer could end up liable in future based on the advertising record if not more careful.

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#1160286 22-Oct-2014 20:09

I've bought a really really cheap car from a "dealer" exactly like that. when I was going to pay he said by the way can you sign this to say no warranty. I wasn't sure if it was allowed but I didn't really care it was very cheap, so hence I'm asking.

how interesting!

gzt

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#1160290 22-Oct-2014 20:16

Yeah it's a different topic but sounds like a bit of sharp practice and potentially even bait/switch going on there. Sooner or later a dealer or two will get burned with that mislead and they will have to stop it and be more clear about it in the advertising. I'd guess it's only a few.

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#1160402 23-Oct-2014 07:55

Car sales covered by the Motor Vehicle Dealers Act rather than the CGA. It would appear that the window ticket that must be provided by the dealer and it will form part of the contractual documents. If the CIN states 'no warranty' I guess that's good enough.

https://www.consumer.org.nz/articles/car-buyers-rights

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