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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18781
Experience:  32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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i bought an ex lease car through turners auctions and within

Customer Question

i bought an ex lease car through turners auctions and within 300kms the transmision failed i contacted the chch branch and informed them hoping to have it repaired they told me to go away ithen had the trans repaired at my cost 3000 ihave all documentation what i need to know is are turners auctions the correct target to aim my claim at or if they sell on behalf do ineed to direct my claim at the previous owner who i believe was a lease company and also your opinion on whether my claim could succeed thank you for your attention XXXXX XXXXXsen
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : You should claim against Turners as they were acting for the seller. The owner would not be able to be sued unless they made promises about the condition of the car to you. But even suing Turners could be difficult because at an auction the duty to check the condition of the car falls on the buyer.
christhelawyer : The Consumer Guarantees Act does not apply to auction sales so Turners will have to be persuaded. This will be why they they asked you to repair at your cost rather than repair for you. But they may contribute if you ask but may not be able to be sued
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 18781
Experience: 32 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Chris The Lawyer and 2 other New Zealand Law Specialists are ready to help you
Customer: replied 1 year ago.


cristhelawyer please confirm recieving 2nd question today regarding turners auctions querie thanks

Expert:  Chris The Lawyer replied 1 year ago.
Sorry, not sure I have seen that, so could you repeat it in the box below? Then I can answer it.
Customer: replied 1 year ago.

christhelawyer sorry for my lack of computer skill. i forgot to tell you i bought this car over the internet site unseen when ipicked up the car and paperwork i read the mechanical report which said all mechanicals are ticked off as a pass as appossed to needs attention no as is anywhere i am intepreting this as fit for purpose please refer to NZMVDT site Yang v Turners ref no mvd3/2011 auck wot i need to know is which consumers act icould pursue this under thank you karen hansen

Expert:  Chris The Lawyer replied 1 year ago.
The Consumer Guarantees Act does not apply to auction sales, but the Sale of Goods Act 1908 does apply. In addition the Fair Trading Act does apply, in that if the information about the car was false and misleading, they are liable.
Customer: replied 1 year ago.

christhelawyer please confirm that ihave concluded my busness with your site paid an initial 47 dollars then signed up for a free 7day period with no ongoing acount left open and no more deductions from my visa are authorised thank you karen hansen

Expert:  Chris The Lawyer replied 1 year ago.
Please ask experts@justanswer.com to arrange this as I do not deal with the payment of the fees. That is done by JustAnswer direct
Customer: replied 1 year ago.

please confirm that ihave not signed up for on going subscription as i understood after paying an initial 47 dollars i understood that i
had a7 day free trial with no ongoing acount open and that no more deductions would be made thank you karen hansen

Expert:  Chris The Lawyer replied 1 year ago.
I responded be fore where I said

Please ask experts@justanswer.com to arrange this as I do not deal with the payment of the fees. That is done by JustAnswer direct

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