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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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We recently purchased a transporting truck from turners

Customer Question

Hi we recently purchased a transporting truck from turners auctions it was stayed as being in good working order and had a current cof we had not physically seen the truck. We sent an employee to drive it back it broke down and we had to pay to transport it home we then spent $7000 repairing it only to then find when it was taken for a new cof the it has multiple faults that will cost $25,000 to repair and there is no way it should of passed the previous cof do we have any rights
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.
If the truck was sold at auction then it can be difficult unless there was a specific representation about quality. If the truck is for commercial purposes it is not covered by the Consumer Guarantees Act but you will still have rights under the Sale of Good Act if the truck was sold with representations about being in good working order. It is important to check the vehicle anyway before you buy it but the representations about it will be useful. So you can depending on whether this was an auction or not, have remedies for suing for the costs of repairs. The amount which you cite for the repairs means this would need to be a District Court claim. The dfence they would put up may be the action sale terms (if that applies) and whether you inspected before the sale. Your remedies are under the Sale of Good Act
Customer: replied 1 year ago.
Hi Chris
It was not bought at auction and it was stated that it was in good working order
Do I need to see a lawyer
Expert:  Chris The Lawyer replied 1 year ago.
You are in a stronger position then. There is a specialist Tribunal which deals specifically with problems with purchases of motor vehicles. This works like the Disputes Tribunal, and you don't need a lawyer to prepare a claim. The tribunal adjudicator sits usually with specialist advisors who know about issues such as the repairs which may be needed. It is also relatively inexpensive. I would suggest that you arrange for your own mechanic to do the checks to ascertain exactly what is wrong and prepare a report, which would be the basis of your claim.

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