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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22679
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I bought a tractor 30/october 2014 listed on trademe as 4/W

Customer Question

I bought a tractor 30/october 2014 listed on trademe as 4/W Drive
February this year 2015 I found the 4/W Drive was not working Repairs cost $1,431.18
Had the tractor not been listed as 4/W Drive I would not have enquired or purchased it. Do I have grounds for re-imbursement
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
If they represented that the four-wheel-drive was working at the time of purchase, then you can certainly ask for a refund of the repair costs. The Consumer Guarantees Act may not apply if this was for your farming operation, but if it was just for personal use, then this act says that the tractor must be fit for purpose and consistent with the description. If it was for work purposes, then it is the Sale of Goods Act which applies, but effectively you have much the same remedy. So you can ask the seller to pay for the repairs
Expert:  Chris The Lawyer replied 2 years ago.
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