Turners CGA on 4WD Vehicle

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#2906799 26-Apr-2022 12:01

The $500 offer suggests that they admit they have liability.

I'd threaten to reject the vehicle (requiring them to refund you), this is after-all ti's third major failure in less than a year.

However, I think it's quite a reasonable offer for a 24 year old vehicle. Just the fact you paid $18k for it (?!) which sways it a bit for me.

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#2906806 26-Apr-2022 12:33

trig42:

The $500 offer suggests that they admit they have liability.

I'd threaten to reject the vehicle (requiring them to refund you), this is after-all ti's third major failure in less than a year.

However, I think it's quite a reasonable offer for a 24 year old vehicle. Just the fact you paid $18k for it (?!) which sways it a bit for me.

Yeah I understand that any 24 year old vehicle would come with additional maintenance requirements. I just didn't realise that engine rebuilds and transmission replacements would be apart of the deal haha!

Thank you for your comments I really appreciate it.

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#2906809 26-Apr-2022 12:39

NPCtom:

trig42:

The $500 offer suggests that they admit they have liability.

I'd threaten to reject the vehicle (requiring them to refund you), this is after-all ti's third major failure in less than a year.

However, I think it's quite a reasonable offer for a 24 year old vehicle. Just the fact you paid $18k for it (?!) which sways it a bit for me.

Yeah I understand that any 24 year old vehicle would come with additional maintenance requirements. I just didn't realise that engine rebuilds and transmission replacements would be apart of the deal haha!

Thank you for your comments I really appreciate it.

Really? Any vehicle is prone to sudden and unexpected failure, let alone one that isn't renowned for reliability and 24 years old. I would take the money and get on with life. IMO any attempt to hold Turners liable under the CGA will ultimately fail. Just my 2 cents.

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#2906940 26-Apr-2022 14:52

@NPCtom

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#2906994 26-Apr-2022 15:54

Used vehicles sold by an "in trade" seller are covered under the CGA. I would suggest you contact the Ministry and get the advice from the horses mouth.

Here is a crazy notion, lets give peace a chance.

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#2907019 26-Apr-2022 17:37

Myself, i would reject the Jeep.

They will fight it and its up to you how much effort you are prepared to put in.

You will need to get advice from MTA and a lawyer most likely as depending on how you purchased the vehicle and what steps you took before buying the car will depend on how smoothly it will go.

Its a lemon now, it will always be a lemon.

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1101

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#2907434 27-Apr-2022 13:14

MikeB4:

Used vehicles sold by an "in trade" seller are covered under the CGA. I would suggest you contact the Ministry and get the advice from the horses mouth.

Nope, just wrong ,here

20+ year old vehicles wont be covered by CGA .
Bought at auction wont be covered by CGA
was used offroad : so even more unlikely to be covered .

There will be a sensible limit on CGA .
23year old offroaders arnt within a sensible limit (opinion).
Just as a old racecar or trackcar wouldnt be covered by the CGA

Are we going to start making CGA claim for ModelA Fords next :-)
Why cant I make CGA claims against MAZDA for my 24 year old car as well ?

Buyer beware applies here.
So unless he was misled & can prove he was mislead as to its condition.......

trig42

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#2907438 27-Apr-2022 13:20

1101:

MikeB4:

Used vehicles sold by an "in trade" seller are covered under the CGA. I would suggest you contact the Ministry and get the advice from the horses mouth.

Nope, just wrong ,here

20+ year old vehicles wont be covered by CGA .
Bought at auction wont be covered by CGA
was used offroad : so even more unlikely to be covered .

There will be a sensible limit on CGA .
23year old offroaders arnt within a sensible limit (opinion).
Just as a old racecar or trackcar wouldnt be covered by the CGA

Are we going to start making CGA claim for ModelA Fords next :-)
Why cant I make CGA claims against MAZDA for my 24 year old car as well ?

Yes, but, The car was 20+ years old when he bought it from the in-trade dealer, for a significant sum of money. It's not like he is returning it after having it for 20+ years. What you are saying is it's OK to sell a lemon for $18k, and turn around and say nah, no comebacks but thanks for your cash.

Also, the dealer has already offered cash to help repair it, suggesting they are admitting they have some liability.

I'd be rejecting the vehicle (or starting the process of rejecting it anyway).

1101

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#2907443 27-Apr-2022 13:40

trig42:

What you are saying is it's OK to sell a lemon for $18k, and turn around and say nah, no comebacks but thanks for your cash.

Yes, thats exactly what Im saying.
Take responsibity for your own purchasing decisions

Its 22 years old.
Why expect any sort of warranty on a 22 year OFFROADER
What he paid is irrelevant

So Where do we draw the line. Serious question
$18k, $15k, $5k , $2k ?
20years, 25years, 30 years old . 50 years old ?

Bought via auction btw . Pretty sure CGA wont apply

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#2907449 27-Apr-2022 13:50

1101:

MikeB4:

Used vehicles sold by an "in trade" seller are covered under the CGA. I would suggest you contact the Ministry and get the advice from the horses mouth.

Nope, just wrong ,here

Actually the Turners website itself shows just how correct the "in trade" statement is.

To the OP - the question isn't about the transmission failing after 118,000km, it's about the transmission failing within 7-8 months of you buying it (while factoring the condition of the car, price you paid, and any statements made by the dealer).

Personally, if I had seen noticed any signs of transmission issues and not had them checked out immediately then I'd have no one to blame but myself. But if there wasn't any such signs then I'd be expecting Turners to replace the transmission or refund the car.

trig42

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#2907452 27-Apr-2022 13:57

1101:

trig42:

What you are saying is it's OK to sell a lemon for $18k, and turn around and say nah, no comebacks but thanks for your cash.

Yes, thats exactly what Im saying.
Take responsibity for your own purchasing decisions

Its 22 years old.
Why expect any sort of warranty on a 22 year OFFROADER
What he paid is irrelevant

So Where do we draw the line. Serious question
$18k, $15k, $5k , $2k ?
20years, 25years, 30 years old . 50 years old ?

Bought via auction btw . Pretty sure CGA wont apply

Turners don't just do Auctions. Pretty sure he didn't buy at Auction (otherwise, correct, CGA wouldn't even be a question).

I drive past a Turners yard quite regularly (Harris Road, East Tamaki). They took over the Buy Right Cars lots a few years back.

I agree with you by the way - but Turners is offering compensation for this, admitting they are, in part, liable.

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#2907501 27-Apr-2022 14:05

1101:

trig42:

What you are saying is it's OK to sell a lemon for $18k, and turn around and say nah, no comebacks but thanks for your cash.

Yes, thats exactly what Im saying.
Take responsibity for your own purchasing decisions

Its 22 years old.
Why expect any sort of warranty on a 22 year OFFROADER
What he paid is irrelevant

So Where do we draw the line. Serious question
$18k, $15k, $5k , $2k ?
20years, 25years, 30 years old . 50 years old ?

Bought via auction btw . Pretty sure CGA wont apply

I asked myself this too. The CGA is extremely vague when giving timeframes on objects.

The vehicle was not bought through auction. It was a buy now on their website.

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#2907503 27-Apr-2022 14:09

tigercorp:

Actually the Turners website itself shows just how correct the "in trade" statement is.

To the OP - the question isn't about the transmission failing after 118,000km, it's about the transmission failing within 7-8 months of you buying it (while factoring the condition of the car, price you paid, and any statements made by the dealer).

Personally, if I had seen noticed any signs of transmission issues and not had them checked out immediately then I'd have no one to blame but myself. But if there wasn't any such signs then I'd be expecting Turners to replace the transmission or refund the car.

No problems at all with the transmission until the vehicle just stopped moving. Turners told me the Jeep will drive when cold, but not when warm.

Their mechanic report said the transmission "passed" if that means anything.

Turners keeps mentioning they want to get a "3rd party's opinion". I asked them what this meant but they haven't replied. Are there any other organisations that deal with this other than the Disputes Tribunal?

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#2907519 27-Apr-2022 14:25

https://www.cab.org.nz/article/KB00001537 May be of interest.

Consumer recommended using the Motor Vehicle Disputes Tribunal over the disputes tribunal. The claim amount is higher and I understand that the application fees can be lower.

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#2907550 27-Apr-2022 14:57

Batman:

asked Turners about CGA in Jan

they said - if bought via auction no liability

So - Are they they Auctioneer, OR the Vendor for the sale?

From June 2014, the Consumer Guarantees Act 1993 (CGA) applies to goods sold at auction,
including new and used motor vehicles. As has always been the case, the CGA will not
apply to Turners where it simply acts as an auctioneer. However, the CGA may now apply
to vendors in certain sales and may apply to Turners where it acts as a vendor.

Tasty sauce

Their offer of $500 is hush money - if they weren't liable they would be offering you nothing.

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