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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22306
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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What should I do? I bought a BMW second hand car from a car

Customer Question

What should I do? I bought a BMW second hand car from a car dealer, and the car has some mechanical problems which needed to change the whole engine. This problem occur since we bought the car. The was taken back to the car dealer to be fix, and gave me the courtesy Toyota car. Its more then a month, the car still with the mechanic still has not fix. I asked to refund my money or swap to another vehicle with the similar value. The car dealer refused, and they preferred to fix the car. I paid for BMW not the Toyota vehicle and the car still hasn't found any engine for it. please advise me, what should I do?
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

Under the Consumer Guarantees Act the car must be fit for purpose or you can get your money back or a replacement. The Toyota is not a replacement but a loan car, and in these circumstances, you are entitled to get your money back. If the dealer will not refund, there is a special tribunal to claim against car dealers. You don't need a lawyer to make the claim, and the dealer will have to front up and explain why he won't give your money back. I suggest you tell the dealer, either refund the money or you will claim in the Motor Vehicle Disputes Tribunal, because your rights under the Consumer Guarantees Act are very clear.

Expert:  Chris The Lawyer replied 9 months ago.

So please look at the site and let me know if you have any questions

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