[ad_1]
Mark Dwyer / Stuff
A man who bought a used Ford Focus soon discovered that he had a number of problems. (File photo)
An Auckland car dealer was ordered to reimburse a man more than $ 14,000 after selling him a car that had previously been canceled.
All four tires were peeled, the driver’s door handle was glued in place and the radio was held in place with double-sided tape, the Motor Vehicle Dispute Court heard.
According to a recently published court decision, Robbie Clemens purchased the 2006 Ford Focus from New Lynn’s A Grade Wholesales Ltd company in March 2020.
He paid $ 14,000 for the car. However, within a couple of weeks, he noticed a host of problems, including bald tires, a reversing camera failure, and white smoke coming from the exhaust.
READ MORE:
* No refunds for Auckland man after 2015 Jaguar suffered unexplained engine damage
Auckland woman loses fight for compensation for troubled Mini Cooper
* Man loses rebate offer after $ 87,000 Maserati breaks down within one year of purchase
Clemens returned the car to the dealership, who replaced the tires and fixed the other faults before returning it to him in May.
In July, Clemens paid $ 650 for additional repairs and then tried to sell the car on Trade Me, according to the decision.
“He says he was later told by potential buyers that the vehicle had been decommissioned previously, leading him to believe that the vehicle may have been in an accident before.”
In October, the car was taken to South Auckland Motors, a Ford franchise, after Clemens noticed steam escaping from the engine.
The franchise found a number of additional problems, including a hole in the coolant line, a “serious” oil leak, a “large dent” in the muffler, missing lower trays, and a broken stabilizer bar. Mechanics believed it was a “long-standing foul,” the court heard.
The Consumer Guarantees Law requires that goods and services be fit for purpose, durable and free from defects.
Clemens requested to reject the vehicle and obtain refunds for the purchase price and repairs.
However, A Grade Wholesales Ltd claimed that the defects may have been caused by Clemens’ “aggressive driving”.
The company’s director, Omar Slaimankhel, also said that he had told Clemens before the purchase that the vehicle had previously been canceled. It was unclear exactly how or when this had happened.
Since then it had passed compliance tests and a proficiency inspection order.
Court Judge Brett Carter said he found Clemens to be a reliable witness and believed him when he denied aggressive driving.
Bruce Mercer / Stuff
The 2006 Ford Focus was canceled sometime before Clemens bought it. (File photo)
Many of the car’s failures were long-standing and were consistent with damage in a crash before your property, he said.
Carter said the court had heard many cases where cars with major defects had passed proficiency testing compliance or clearance.
“Consequently, the fact that the vehicle passed that test is not conclusive proof that it did not have the defects that should have been identified during that test,” he said.
Carter accepted that Clemens was unaware that the car had been previously canceled and said that A Grade Wholesales Ltd had violated the Fair Trade Act by not disclosing that information.
It also ruled that the car was not of acceptable quality under the Consumer Warranty Act and ordered the company to reimburse Clemens.
