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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14858
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Have just traded in my car new model, perfectly good when I

Customer Question

Have just traded in my car for a new model, perfectly good when I left it with dealer. Took new one away, then dealer rings me and tells me that there is no turbo in car and red engine light is on. It was absolutely fine when I parked it. Dealer is talking about winding back the deal etc but is going to call me tomorrow after he has taken to garage to get them to have a look.
Submitted: 1 year ago.
Category: New Zealand Law
Customer: replied 1 year ago.
I've just paid $61 to get this question answered and nothing is happening. I don't want to have to keep paying $61 every month. What is happening please?
Expert:  Chris The Lawyer replied 1 year ago.

I am sorry I answer questions as they come in, and so I have been a bit delayed by others ahead of you.

You would have a good claim under the Consumer Guarantees Act for a refund or replacement as the car is clearly not fit for purpose. A major defect like this should not occur so soon after the purchase, and I expect the dealer is just thinking about his liability under the act. But you are in a good position to insist on a refund.

Customer: replied 1 year ago.
No it's not my new car it's my old car which I traded. The dealer drove it last weekend and said it was good it wouldn't have done any more than 100ks.
Customer: replied 1 year ago.
It has been serviced regularly and no problems with it. I would not have traded it if there was anything wrong with it
Expert:  Chris The Lawyer replied 1 year ago.

Then the dealer who has expertise in checking cars may have to accept the trade in as it may be a caveat emptor situation. You showed him the trade in and he offered you money for this as a credit. If he didn't find the problem then it is his responsibility

Customer: replied 1 year ago.
Thanks what I worry about now is that there is money owing on old car which dealer knows about and has calculated this in loan figures. I am scared now that they won't pay off my old vehicle. He has said he is going to wind back the deal which I presume means cancel?? Can he do this. I am so shocked at this happening that I almost asked him if he had the wrong vehicle
Expert:  Chris The Lawyer replied 1 year ago.

He must repay the loan as that is part of the transaction. But certainly you are right to be concerned. I suggest you may want to consider getting the trade in independently examined in case this is not genuine

Customer: replied 1 year ago.
what are my obligations if it needs work done. As you said earlier he drove vehicle and was happy with it. The car has not been raced around in just driving to and from work approx 20k a day
Expert:  Chris The Lawyer replied 1 year ago.

If he accepted that car then it is his problem. He has the expertise to look at cars and see if they are in good condition.