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What should I do? I bought a BMW second hand car from a car…

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What should I do? I...
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: 2 years ago.Category: New Zealand Law
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Answered in 7 minutes by:
2/18/2016
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,842
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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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.

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Solicitor: Chris The Lawyer, Lawyer replied 2 years ago
Ask Your Own New Zealand Law Question
Solicitor: Chris The Lawyer, Lawyer replied 2 years ago

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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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