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Home / Hawkes Bay Today

The car I bought from a dealer is faulty. What can I do?

By Jenny Pearce
Hawkes Bay Today·
14 Jan, 2022 02:00 AM3 mins to read

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CAB general manager Jenny Pearce.

CAB general manager Jenny Pearce.

It can be very stressful when you buy a car and discover it is faulty. Unfortunately, this problem crops up quite regularly. Napier Citizens Advice Bureau (CAB) has had several clients asking for advice around this issue.

The following are examples of this type of problem and the advice given by CAB volunteers.

A client purchased a hybrid car from a dealer nine weeks ago and paid $11,000. During this time, she had problems with the battery. The AA came out to jump-start the car and told her the battery was faulty. The client went back to the trader to ask for it to be fixed but was told that the battery was not covered because the car was a hybrid. This was not mentioned at the time of sale.

The advice given to the client was that if you buy a car and you discover it is faulty or believe you have been misinformed, the first step is to talk to the dealer to try and rectify the issue. It is important that you explain the problem, and how you want it fixed and you expect them to fix it.

The dealer is required to do this under the Consumer Guarantees Act. If the dealer does not agree to fix the problem, the next step is to put everything in writing to them and include any supporting documentation. If the dealer still does not want to help, check to see if they are a member of the Motor Trade Association. If they are, you can use their free mediation service. If the mediation is unsuccessful or this dealer is not a member of the MTA, then you can make a claim to either the Motor Vehicle Disputes Tribunal or the Disputes Tribunal. Visit our website at www.cab.org.nz for more information and type in KB0000153 in the search bar.

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Another client bought a car that was not what they thought they were buying. The car was brought down from Auckland on the weekend and the client signed the paperwork in the dark quickly as she had to get to work. The car didn't perform well. The finance went through but the cost was higher than she thought. The client wants to return the car and when she tries to phone the dealer, he is refusing to discuss the problem. The advice given to the client was to first check that the dealer is registered. The client needs to write and document everything that had happened. If the dealer still refuses to help, the client should email the information to them and state what they want to happen and when. If there is still no assistance, then the client informs the dealer that she is going to take the case to the Disputes Tribunal.

The following numbers can be searched on the CAB website for further information:

KB00001504 - What are my rights when buying a car from a registered dealer?

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KB00001535 - How do I make a complaint about a registered car dealer?

• Napier Citizens Advice Bureau has moved premises and can now be found on the ground floor of Bower House, next to The Warehouse carpark. Open 9am-4pm weekdays and 9.30-10.30am on Saturdays. Phone 06 8359664, free on 0800 367 222 or email on napier@cab.org.nz. No appointment necessary. We are here to help, and confidentiality is assured.

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