Ask an expert

Hi, I'm old enough to know better. I bought a Discovery off Trademe - not an auction but a classified. The Ad said "1998" and "goes very well" and a "very reliable vehicle".

I paid before seeing it as my son was to collect it for me. However I collected it and drove home and one CV was 'clanking' badly.

The local AA garage put a new one in - it was smashed. Then I noticed it was a 1997 not 98. The warrant will run out in days too. There could be other issues as well.

The owner turns out to be a Ltd company.

Question - what rights does a silly old man have against the seller?

Actually the vehicle doesn't seem too bad and is probably worth keeping but I am irked that I was lied to.

So far I am $600 down on the CV joint.

Martin

From the "Ask Jack" archives - 19 January 2009

Unless the buyer acknowledges they are purchasing a vehicle with a WoF more than one month old, then the seller is legally responsible for obtaining a new WoF (not more than one month old) prior to handing the vehicle over to the new owner.

Vehicles like the one you have purchased are normally advertised in a 'as is' 'where is' condition or with a current Warrant of Fitness only, and most sellers would get a buyer to sign an agreement acknowledging they are purchasing the vehicle in that condition.

The fact the seller is a Limited company has no bearing on the matter unless they are a Registered Motor Trader.

The model year (97 rather than 98) could have been an honest mistake and would make little difference to the vehicles value.

I suggest you take the vehicle for a WoF check ASAP to find out if there are any more unpleasant surprises you should know about.

If it passes then you are out of pocket for the cost of the warrant only.

If not, then an estimate from a garage to make the vehicle roadworthy is your next step followed by a phone call to the seller to discuss the best way forward.

Without rubbing it in too much, buying a 10 year old Discovery is a big enough risk when it has a new WoF in my view.