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Topic # 166112 3-Mar-2015 09:47
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A friend of mine bought himself a BMW X3 with 150K at the car fair. He put down a $1000 deposit and made the purchase conditional on service history being presented. 

I told him with those miles on it, he should have had a mechanical check done, and he is (and I am) wondering what rights he has to insist on one now?

If there is a major issue with the car fairly soon after the purchase is there recourse from the buyer?



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Banana?
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  Reply # 1250048 3-Mar-2015 09:52
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Not in a private sale. CGA or any car sales legislation does not apply.

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  Reply # 1250053 3-Mar-2015 09:56
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definitely not! as is where is for private sales. even if the wheels fall off while driving out of the parking lot.




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  Reply # 1250065 3-Mar-2015 10:16
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Hope the last service entry note isnt "replacement engine recommended".......





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  Reply # 1250068 3-Mar-2015 10:22
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So even if the seller said "Vehicle is mechanically sound"?

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  Reply # 1250078 3-Mar-2015 10:46
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networkn: So even if the seller said "Vehicle is mechanically sound"?


Yes, you can't expect a seller to know the car is mechanically sound unless they are a mechanic.

Anything sol privately is sold as is where is. Its up to the buyer to work out if the car is in good mechanical condition and if that means getting a mechanic to look at it then so be it.


As always its buyer beware, if it sounds to good to be true it probably is.


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  Reply # 1250080 3-Mar-2015 10:48
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Another thing, if you are looking to buy a car privately I would recommend you have a mechanical check done from a mechanic you trust AND obtain the ownership history, is the current owner has only had the car 5 mins you would have to wonder why they are selling it.

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  Reply # 1250097 3-Mar-2015 10:48
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In my view if I was the seller, it was the buyers fault for not getting it checked. Think only legal option you'd have is small claims court - but INAL. 

Hopefully all is well, and there is nothing wrong with it.





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  Reply # 1250104 3-Mar-2015 10:54
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Yep buying private can be a painful lesson sometimes.

Within 2 weeks of owning my current car ($14,000) the heat sheild rattle turned out to be big end bearing failure (on an 07 car with 85,000 kms). Rod through block and $6000 repair bill later.

Absolutely no recourse with private sale.

 


as for small claims \ disputes tribunal, you could even get unlucky and have a useless muppet (aka Tribunal Referee) order you to pay money to the other party. 

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  Reply # 1250131 3-Mar-2015 11:23
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networkn: So even if the seller said "Vehicle is mechanically sound"?


even if the Seller says drives like new, absolutely perfect example of an amazingly well engineered German luxury, fully serviced and garaged all its life, never had a dent, not a cent to spend




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  Reply # 1250141 3-Mar-2015 11:34
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joker97:
networkn: So even if the seller said "Vehicle is mechanically sound"?


even if the Seller says drives like new, absolutely perfect example of an amazingly well engineered German luxury, fully serviced and garaged all its life, never had a dent, not a cent to spend


I don't think that is quite right.  Whilst the CGA doesn't apply in a private sale,  standard contract law surely does.

You have a private contract with the seller to purchase the car. If the seller makes a misrepresentation as to the condition of the car, that's the condition the contract was done under, and the buyer can get a remedy via the courts.

Even an oral misrepresentation is legally binding  (but proving it actually happened can be quite difficult)







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  Reply # 1250143 3-Mar-2015 11:36
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And lawyer's fee would be worth it?




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  Reply # 1250146 3-Mar-2015 11:36
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joker97: And lawyer's fee would be worth it?


on a $150k car, quite possibly.



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  Reply # 1250163 3-Mar-2015 12:03
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NonprayingMantis:
joker97: And lawyer's fee would be worth it?


on a $150k car, quite possibly.




I think it is 150,000km, Not nz$150,000?





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  Reply # 1250165 3-Mar-2015 12:07
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nakedmolerat:
NonprayingMantis:
joker97: And lawyer's fee would be worth it?


on a $150k car, quite possibly.




I think it is 150,000km, Not nz$150,000?


oh yeah.  hahahaha.  whoops. tongue-out

Still, even if it's $30k or whatever it's probably still worth it.

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  Reply # 1250166 3-Mar-2015 12:08
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Had a mate who despite my strong recommendation would not buy a SAP agreement, he verbally agreed on a price to buy a house. Next week the vendor changed his mind. No Lawyer would entertain. Not sure if it has relevance to this




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