Auckland car dealership to pay a $ 14k rebate after a man buys a car once it’s written off

An Auckland car dealership will fork out a $ 14,000 rebate after selling a car that was once canceled before re-registering.

As detailed in a recent court decision, Robbie Clemens purchased the 2006 Ford Focus from A Grade Wholesales Ltd and found defects including a damaged turbo, a loose engine mount, a severe oil leak, and a damaged radiator support panel.

About two weeks after purchasing the vehicle, her left front tire blew out, according to evidence Clemens gave.

He told the Motor Vehicle Dispute Court that other faults found at the time included worn tires, the driver’s door handle was stuck in place, the exhaust was emitting white smoke, the radio was held in place with duct tape. double sided and the reversing camera was faulty.

Clemens returned the vehicle on March 27. A Grade Wholesales replaced the tires and rectified the other defects to Clemens’ satisfaction, although he was not happy that there was no combustion test.

When he tried to sell the Ford Focus on Trade Me, he says potential buyers told him that the vehicle had previously been decommissioned, leading him to believe that the vehicle may have been in an accident before.

In October 2020, while driving through Hunua Gorge, Clemens noticed smoke or steam in the engine compartment.

He opened the hood and noticed water coming out of a disconnected hose.

The vehicle was then taken to South Auckland Motors Ltd.

Clemens provided a copy of a South Auckland Motors service invoice detailing problems including a broken positive crankcase ventilation (PCV) tubing hose and a hole in a coolant line.

A grade A wholesales director, Omar Slaimankhel, told the court that they rectified all the initially reported issues.

“It says the white smoke from the exhaust was caused by a damaged turbo,” reads the ruling of court judge Brett Carter.

“Although Mr. Slaimankhel considered that the damage may have been caused by the way Mr. Clemens drove the vehicle, A Grade Wholesales replaced the turbo on their own.”

The company claimed that it told Clemens that the vehicle had been canceled and alleged that the defects that it now complains about may have been caused by his “aggressive driving.”

Slaimankhel told the court that the car had passed compliance tests and a fitness inspection warrant before re-registering and selling it.

“I accept the evidence presented by Mr. Clemens as to the existence of the alleged vehicle defects,” Carter said.

It was a “clear and reliable witness” with evidence of vehicle defects backed by South Auckland Motors.

A Grade Wholesales did not dispute the existence of these defects.

“Instead, his defense focused on whether he should be responsible for those defects given the age and mileage of the vehicle and Mr. Clemens’ alleged aggressive driving.”

Carter accepted that Clemens would not have purchased this vehicle had he known that it had been previously canceled.

A merchant would be expected to keep complete records showing they disclosed that information, Carter said.

“There are no such records in this case.”

Clemens’ request to reject the vehicle was upheld and the court ordered A Grade Wholesales Ltd to pay $ 14,408.20 within 10 business days.