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Altezza Club Of NZ/Australia > The Off Ramp > What Are My Rights?


Title: What Are My Rights?


EviLClouD - August 10, 2009 08:40 AM (GMT)
I need help...i've had a car advertised on trademe stating sold as is and also stating that it had an oil leak. I personally know nothing about cars.
The car was sold outside of trademe, when a member contacted me and i withdrew it for him.
He viewed/drove the car and decided to purchase.

Now he contacts me and states that the leak is actually a blown/broken head gasket, and asks for help in costs to fix it.

Do i have to comply?

xnickx - August 10, 2009 08:46 AM (GMT)
Did you state that the car was sold as it where is or had some kind of agreement?

Did he/you verbally agree that he accepted the car and it's condition at point of purchase?

pras - August 10, 2009 08:46 AM (GMT)
You don't have to do anything.
The car is sold as is. You didn't misrepresent the information, he should've just done a better inspection...
Although whether you knew that was the case and didn't tell people, that's something else.

jeremyflower - August 10, 2009 08:50 AM (GMT)
QUOTE (pras @ Aug 10 2009, 08:46 PM)
You don't have to do anything.
The car is sold as is. You didn't misrepresent the information, he should've just done a better inspection...
Although whether you knew that was the case and didn't tell people, that's something else.

^^^ Agree ^^^

If the advertisement said as is where is it's his own fault that he didn't get it checked out better.

Let the buyer beware - Caveat Emptor

You can help if you want to of course... ;-)

JIMKRAZTEZA - August 10, 2009 08:53 AM (GMT)
QUOTE (pras @ Aug 10 2009, 08:46 AM)
You don't have to do anything.
The car is sold as is. You didn't misrepresent the information, he should've just done a better inspection...
Although whether you knew that was the case and didn't tell people, that's something else.

agreed with that too ...

its his own fault that he didnt look at the car properly be4 purchasing

EviLClouD - August 10, 2009 08:55 AM (GMT)
Ok well this is how i think things went.
I bought car from http://www.trademe.co.nz/Browse/Listing.aspx?id=228041122.
He told me that it used a bit of oil and that it's common on older vehicles, so i thought nothing more of it.

When i went to sell it 2 weeks later, i used basically the same words as the previous owner used in his description.

QUOTE

Car apparently has an oil leak. So price has now been dropped...

Awesome car.
Purchased as a temporary runner and is no longer needed.
I've had no problems with the car, same with the previous owner.
Car was serviced at 148,000, with next service due at 158,000.

There are a few minor cosmetic imperfections but none affect the driving of the car.
- Seal on two of the doors have worn/ripped off. Doesn't leak or anything. May need replacing?
- Drivers seatbelt doesn't retract automatically. Still safe to use and tight, just that when you take it off it doesn't retract well.

Please don't hesitate to ask any questions.
Price is also negotiable so feel free to make an offer.
You can contact me on ******. If you want a faster reply, it's best to txt me.
Thanks

Car is sold as is where is. My knowledge of cars isn't too good, so i recommend that you view the car before bidding.


Later on, I was advised of the oil leak by some guys that came to view the car. I then adjusted the price and description.

Now he contacts me and tells me the problem is greater than an oil leak and that the head gasket is broken and would require $1200 fix and expects me to come up with some sort of agreement to help him fix it -_-

jeremyflower - August 10, 2009 09:00 AM (GMT)
Will teach you for buying a Mitsubishi...

I believe you are covered as far as the law is concerned, if he gave you money and drove away it's a done deal.

You may feel bad for selling him a shitter but you're not obligated to help him sort it out.

EviLClouD - August 10, 2009 09:02 AM (GMT)
QUOTE (jeremyflower @ Aug 10 2009, 09:00 AM)
Will teach you for buying a Mitsubishi...

I believe you are covered as far as the law is concerned, if he gave you money and drove away it's a done deal.

You may feel bad for selling him a shitter but you're not obligated to help him sort it out.

LOL, yea i know. Lesson learnt.
But yea, i needed to practise manual, and i had no car to use until the altezza arrived from Japan. When it did come (2 weeks later) i listed the mitsi and wanted to sell asap, coz everyone knows the costs involved with owing 2 vehicles...

JIMKRAZTEZA - August 10, 2009 09:10 AM (GMT)
just dont answer your phone if the phone rings

Stephen - August 10, 2009 11:15 AM (GMT)
No agreement is necessary. But keep your Altezza garaged, just in case they return ;)

Spoon - August 11, 2009 07:42 AM (GMT)
I'd probably point out to him you have no legal responsibility since it was sold as is, but offer him $200 or something as a sign of good will, in the proviso that that's all.

JIMKRAZTEZA - August 11, 2009 08:37 AM (GMT)
QUOTE (Spoon @ Aug 11 2009, 07:42 AM)
I'd probably point out to him you have no legal responsibility since it was sold as is, but offer him $200 or something as a sign of good will, in the proviso that that's all.

i think the fact that he'd prob want to go halves but id tell him to F 0ff as he was suppose to check the car throughly b4 buying it!!

2ToneTezza - August 11, 2009 08:32 PM (GMT)
If he wanted a warranty he should have bought it through a LMVD dealer (and paid the extra dollars for doing so). he bought a cheap car and it was a lemon, maybe he will do a thorough check next time. You don't need to pay ANYTHING towards repair, he bought it 'as is', theres no legal way he could make you pay.




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