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498 posts

Ultimate Geek
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  Reply # 829276 1-Jun-2013 18:34
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TheUngeek: Dealers cannot for any reason contract out of the cga. Even via trademe auctions. Lots get caught out by that. Dealers sells via auction, all cga still applies.

First thing you have to do is contact the dealer. You mist give then a chance to repair first. Failing that call the MTA for advice. You will find depending on the age and milage the dealer will help out.
Rear the MTA mag, lots of examples of dealers sorting out cars many months after purchase as they have failures not considered reasonable for the age.


This ^^^ is incorrect.

See the actual law here.






When a dealer gets an old beat up tradein they sell as dollar reserve on trademe solely because then its NOT covered by any come backs and fair enough too.

Its hard enough trying to make a living out of used cars these days and all the possible comebacks already that are possible way after youve sold a good car.
All sorts of things can happen to a car and who do the public blame and come running to fix it? the poor old car dealer.

Theres next to no margin in used cars these days, its not like the 90's where dealers where able to make a chunk of change. These days you have to sell hundreds of cars a year to make a decent salary for one person!
If you have salesman to pay and yard lease, power bill, petrol for an entire yards worth of cars and test drives, commercial insurance (3 times more expensive than personal) to cover all the stock, finance interest payments...it goes on and on.
Still Joe Public wants the car for next to nothing and will come back and want the dealer to pay a workshop to diagnose and repair any number of faults on a 8 year old car a year after they bought it!


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Ultimate Geek
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  Reply # 829277 1-Jun-2013 18:39
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That excerpt does not apply to car dealers.
A car dealer cannot under any circumstances get out of the cga. Even via trademe auction. Its been tried several times and they always end up in the poo

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Ultimate Geek
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  Reply # 829281 1-Jun-2013 18:50
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TheUngeek: That excerpt does not apply to car dealers.
A car dealer cannot under any circumstances get out of the cga. Even via trademe auction. Its been tried several times and they always end up in the poo


Yes it does.

The title that excerpt is from is Consumer Guarantees Act 1993: protections when buying from a business.

Its been discussed ad nauseum and all dealers know that they arent under CGA when $1 reserving cars on TM.
I've personally spoken to TM about it and they confirm it also.
Do a google search and youll find plenty of discussion on it and some form govt officials talking about possible changes.

Its currently impossible for the CGA to apply to a 15 year old car for example that done 300,000kms if sold via auction.

Do you think the CGA applies to Turners auctions? no it doesnt.


Its dangerous and misleading letting people think they are covered under CGA when theyre not.

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Ultimate Geek
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  Reply # 829289 1-Jun-2013 19:06
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You'd better call the MTA asap as they keep judging against dealers in these cases.

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Uber Geek
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  Reply # 829368 1-Jun-2013 20:16
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TheUngeek: You'd better call the MTA asap as they keep judging against dealers in these cases.


The difference will be down to how the car is purchased. Cars on Trade Me can be purchased via auction, fixed price offer, buy now or classified listing. CGA applies to all of these EXCEPT auction.




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Ultimate Geek
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  Reply # 829403 1-Jun-2013 21:34
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No, they were auctions. Thats where the dispute arose. Dealers thinking via Auction they are exempt. They were not.

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  Reply # 829477 1-Jun-2013 23:38
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TheUngeek: No, they were auctions. Thats where the dispute arose. Dealers thinking via Auction they are exempt. They were not.


The CGA does not apply to auctions. You may be confused with the Sale of Goods Act




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  Reply # 829478 1-Jun-2013 23:40
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There is all sorts of stuff dealers are afflicted by which normal people are not in the laws around motor vehicle dealers.

I'm assuming its to promote them just sending the worthless trades off for crushing or parting out rather than keeping them on the roads.




Richard rich.ms

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Ultimate Geek
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  Reply # 829479 1-Jun-2013 23:40
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I really don't know how many times I have to say it

THE MTA HAVE JUDGED MORE THAN ONCE THAT CAR DEALERS DO NOT ESCAPE THE CGA IN TRADE ME AUCTIONS.

If you don't agree, go talk to them. Not me. They have reported it several times in their Radiator magazine.

Mad Scientist
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  Reply # 829481 1-Jun-2013 23:56
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TheUngeek: I really don't know how many times I have to say it

THE MTA HAVE JUDGED MORE THAN ONCE THAT CAR DEALERS DO NOT ESCAPE THE CGA IN TRADE ME AUCTIONS.

If you don't agree, go talk to them. Not me. They have reported it several times in their Radiator magazine.


in that case the MTA seems to be contradicting themselves

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  Reply # 829482 2-Jun-2013 00:09
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TheUngeek: I really don't know how many times I have to say it

THE MTA HAVE JUDGED MORE THAN ONCE THAT CAR DEALERS DO NOT ESCAPE THE CGA IN TRADE ME AUCTIONS.

If you don't agree, go talk to them. Not me. They have reported it several times in their Radiator magazine.


And it's been said many times here, the CGA itself has an out clause for auctions. Car traders are not escaping the CGA, the CGA itself puts no obligation on them.

The CGA says auctions aren't covered by the CGA. It doesn't say auctions aren't covered by the CGA EXCEPT car dealers.




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Ultimate Geek
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  Reply # 829487 2-Jun-2013 00:30
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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.




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  Reply # 829511 2-Jun-2013 09:11
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If mta finds a dealer dodgy who probably not an mta but regardless of that, does the mta have any authority if the law does not support its judgement?

It seems like we are talking on different planets.

GZ are talking about the letter of the law which bears some authority

Ungeek is talking about some group of dudes called MTA who issues their own judgement

It's like crown police and the maori police (no offense here please i am not raising race issues i am just stating facts that have occurred that ive read in the news if offense is caused please remove this analogy)

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Geek


  Reply # 829557 2-Jun-2013 11:28
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So anyway what happened with the car?

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  Reply # 829653 2-Jun-2013 14:41
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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.





Perhaps you can scan a page for us? Because, as joker97 links to above, your assertion seems to go again the advice the MTA are publishing on their website on the issue.




Twitter: ajobbins


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