The linked article covers so much ground under different legislation and it is difficult to see exactly how it applies to obligations and arbitration process MTA members accept when joining the association. From there it depends if we are talking about MTA member or not.
regardless what MTA rules is not what a judge in the court of law rules ... if a judge rules you get your money, you are likely to get your money, if MTA rules you should become a millionaire and retire I doubt anyone has to follow!
TheUngeek: You can argue all you want. The fact is as reported in their own magazine that the MTA finds against the dealer if the car turns out be dodgy and sold via Trade Me. It's as simple as that. End of. Argue on with out me. If need be, just keep rereading what I said until you understand.
May I just the glaringly obvious question which is, are you still in your teens?
Ive never seen someone be so blatantly wrong and have several people,some of whom are in the trade, point out to you that youre wrong and you just keep on like Comical Ali.....
The CGA does not apply to auctions of any kind end of story!
28. At present the Consumer Guarantees Act excludes from coverage goods sold by auction or competitive tender. Thisisthe only mode ofsale excluded from the Act’s coverage. It is unclear why this decision wasmade butitis possible thatthe reasonsincluded: - Auctions and tenders were generally business to business (for example livestock auctionsto farmers)so were removed fromthe consumer context. - Itisinappropriate forthe auctioneerto provide the guarantees. - There should be a mechanism to have an ‘as is where is’ sale (i.e. no right of redress postsale) and auctions and competitive tenders were seen as a suitablemechanism.
29. As noted in the Consumer Law Reform discussion paper, June 2010, a traditional auction does not involve any negotiation between the buyer and seller. The onus is on the buyer to inspect the itempriorto the auction to ascertain whetherthe itemmeetstheir needs.
30. This means of sale has a long history. It can be a useful way to shift goods in an efficient manner. The price can also be lower than the normal market rate for sales not by auction because the bidders are aware of the risks. Some second-hand products are not able to be sold with any guarantee as to their working order and how long they may last. By providing that auctions are not subject to future claims, vendors are able to confidently sell goods at lower prices than might otherwise be the case, safe in the knowledge that down the track there are no comebacks on the sold goods.
Online Trade Me style Auctions
31. The Consumer Guarantees Act was passed in 1993. Since that time online Trade Me style auctions have become an increasingly popular means for businesses to sell their goods to consumers. This has brought auctions very much into the consumer context. Over 15,000 New Zealand businessessell on Trade Me and there are around 20 other online auction sitesin New Zealand. In the case of online Trade Me style auctionsitis unclear whetherthey are auctions or competitive tenders for the purposes of the Act and thus whether the Consumer Guarantees Act applies. At present it is clear that the Consumer Guarantees Act applies to Trade Me sales which are concluded using the “buy now” option but arguably not to Trade Me sales by a bidding process.
32. Under the current law, the debate about whether online Trade Me style auctions are true auctions of the type intended to be exempted from the Consumer Guarantees Act is based on the definition of auction in the current Auctioneers Act. This requires people to be actually physically present which is a key component ofselling by “outcry” which isrequired under the Auctioneers Act definition of auction. The Consumer Guarantees Act does not define auction. An online Trade Me style auction is also potentially covered by the exemption of competitive tenders underthe ConsumerGuarantees Act. Thistermis not defined in the Act. 33. A particular problem with the lack of clarity about the application of the Consumer Guarantees Act to online Trade Me style auctions is the inconsistency for consumer using such online marketplacesif they make the final purchase by way of the Buy Now/Confirm Purchase button.
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