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Hi,

I would love some advice on our tricky situation please :).

Over 6 months of ownership our vehicle has been back and forth with minor faults.
The last fault we had was declined by the dealer, so we went to MTA to complain. The dealer still refused to pay up, but after being advised by the MTA that we were going to the Motor Vehicle Disputes Tribunal he then said he would pay up to avoid a claim.

We had prepared a complaint, but it listed far more than just the recent fault. After we gave him a deadline to acknowledge the full list of faults he has offered us a full refund and to take the vehicle back.

We have paid $122 for a fault scan, $80 for a scanner purchase to avoid further charges, and a $350 repair fee on the vehicle, in addition to about 6 trips to the dealer and 4 trips to workshops.
MTA has advised to take the refund, because if we ask for those amounts back in addition to the purchase price, he is likely to withdraw the refund offer. So he has made us feel like we can't even ask.

Is this all above board or is something dodgy going on here?
When returning a vehicle do we need to be careful about him trying to claim back for any damage that he may think we have caused? There is no issue that I can see, but he has been extremely untrustworthy throughout this process.

We think we'll take the refund, but feel it is unfair to have cost us an additional $552 at least.

thanks!

Hi there,
It does sound like a bit of a tricky one, and you do risk walking away from any money already spent.
For vehicle repairs under the CGA (consumer guarantees act), the dealer can repair as he see fit, and by offering a full refund of the vehicle he is in a way 'offering a remedy'.
Also using the CGA as a reference, you must give the dealer first right of repair, and if they are unwilling to accept responsibility, the recommendation is that you may need to pay for the repairs and go to a tribunal to recover those costs. https://www.consumerprotection.govt.nz/get-guidance/cars-and-motoring/solving-issues-with-your-car-dealer/

Thanks for taking the time to reply.
I guess then it's all negotiations or MVDT.

We aren't comfortable with this dealer after getting to know him, so I guess we will accept the refund at this point rather than squabble over $500. (car value is ~$20,000)

Hi,

Sorry one more Q.

If returning a car to the dealer, do we fill out a 'sold vehicle' change of ownership form?

Dealer has just sent a request we stop driving the vehicle right away. I presume he wants to pick it up from us asap.

Hi there,
Yes as soon as the vehicle leaves your possession go online and change the keeper out of your name. https://transact.nzta.govt.nz/transactions/NoticeOfDisposal/entry

Thanks. Have a good one :)