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david008

Hi, I have recently purchased a Lexus IS350 from a dealer. To be exact, 15th of Feb. I have since noticing some parts of the dashboard are a bit sticky. I have done a bit of research and it seems it was a common problem on some of the earlier IS vehicles. There was even a recall or so called warrant enhancement in US. I have written an email to Lexus NZ, and to make the story short, basically it is not their problem and asked me to contact the dealer/importer i bought it from. My question is would the dealer that I just purchased it from legally responsibile for this problem and what if the dealer turns around and won't do anything about it. Your advice would be greatly appreciated. Thanks.

Anon

Hi there,
Unless there was a global recall (Takata airbags), there is not a lot of help in NZ for an imported vehicle.
However there is the CGA (consumer guarantees act) that gives some cover for a vehicle purchased from a dealer.
However the questions asked will be how soon after purchase did the fault happen?, was it there before you bought the car and should I have been aware of it before purchase? And also is it reasonable for a vehicle this age, mileage, price paid, to have this problem occur? Will it be seen as an inherent characteristic of the vehicle rather than a fault that the dealer would be liable to remedy?
More info can be found: https://www.consumerprotection.govt.nz/get-guidance/cars-and-motoring/solving-issues-with-your-car-dealer/

david008

Hi,

Thank you for your reply. Obviously, this problem occured soon after I started using the car more frequently and parking outdoor. There is no way I would be aware of this issue and only came to my attention after I starting to have this problem and googled to find out more about it. And according to what I have found out so far, it is not the mileage or the age that was causing this problem. Do you think I have a case to bring to the tribunal if the dealer is not willing to fix it? Thanks.

Anon

You will need to produce evidence that the dealer is unwilling to assist in repair of the vehicle.
And will only have a case using the CGA as the reference, and see the dealer as being responsible, and the vehicle classed as no longer fit for purpose, durable, ect. Which is what the act covers, it is difficult to say 100% whether you have a case or not.
Also you will need to come up with a remedy if you are going to a tribunal which will form part of your claim, whether it be a new dash, repair ect.

david008

Thanks for the advice. I have written an email to the dealer and will wait for their reply before going further.