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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22966
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I recently sold a vehicle through Trade Me ,to a business.

Customer Question

I recently sold a vehicle through Trade Me ,to a business. Sold Friday 17th/July 2015.
Had a call from that business telling me that it had a cracked head therefore used water and oil found to be in the Turbo. Vehicle being a mazda Bounty ute. At the time of sale i was not aware of any issues. They have indicated i was. Am i legally conpelled to give them the money back or meet with the repairs.
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
The Consumer Guarantees Act does not apply to a business sale. If they inspected the vehicle before the purchase, and if you sold it on an as is where is basis, you would not be liable. If you represented that the vehicle was in good condition, and in fact was not, then the issue is whether this defect should have been discovered at the inspection. If they failed to inspect the vehicle despite an opportunity to do so, then they may have to bear their own losses. However there is some risk, depending on what was said at the time of the sale at what you said on the advertisement. Depending on the cost of the repairs, you may want to negotiate cost of repairs, without conceding any misrepresentation about the state of the vehicle, to avoid them bringing a claim against you