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Hi, On 24th Sep 2014, I bought a car from turners. The car has current WOF valid from Jun 2014 till June 2015. But in the turners sale letter, it says the purchaser has to take a new WOF, if the last WOF inspection date was not within one month of sale date. The clause says purchaser should only use the vehicle for the purpose of getting new WOF. During that busy situation while going through the purchase process, I didn't notice this clause. I went to VTNZ to take new WOF, but they said not required, since vehicle has valid WOF. I called NZTA and got the same answer that new WOF not required. But I am still worried on the turner clause. Please let me know if the turners clause is legally valid.
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The reason for this relates to consumer law implications rather than transport law. When a vehicle is sold, the WoF should be less than one month old. If a vehicle has a WoF over a month old, the sale can still take place, but the seller must obtain a written undertaking from the buyer that they accept that the WoF is over one month old.
Basically, by getting you to sign an agreement that you accept the WoF is over one month old, you have no recourse against Turners for the WoF. Therefore, whether the WoF a couple of months old, or it has expired, you are signing the same basic agreement, and obviously, if the WoF had expired, you would only be legally allowed to drive the vehicle on the road for the purposes of obtaining a WoF.
So, to answer your question, VTNZ and NZTA are correct, the car can be legally driven on the road until expiry of the current WoF. However, from a consumer perspective, you have no claim against Turners for a new WoF.