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Hi there,

We bought on the 9th of December 2017 a Nissan Caravan 1991 Diesel for 5300$ from a Dealer. It was certified self contained, we had to pay for the rego and knew there are some things not working (radio, clip for the window, ants in the car, ventilation, central locking system). It was already a bed inside but there was not everything inside to be still self contained. So we put a toilet, shelves with sink and fresh water and waste water inside.

23rd of December: the alternator stopped working: we ordered a new one and a friend put it in.

30th of Decemeber: we went to Akaroa and the car started to overheat. We called the AA roadservice. He checked it and said we can go to Christchurch and let the cooling system checked there. Speedometer stopped working as well. We text the Dealer that we have this problems and if he could take part of the bills. He answered we should go to a certain mechanic and they will make the repairs cheap for us.

3rd of January: We went to the mechanic. He changed radiator and hoses. We payed the bill. Car still overheatet and did not repair the speedometer.

8th -9th of January: We went to the Dealer to find a solution. He send us again to the garage. They changed the water pump. Dealer payed bill. Car is working better.

10th - 15th of January: Coolant is still leaking. We speak with Dealer and he send us to an other mechanic. Dealer pays to fix the gasket at the thermostat. It is still leaking somewhere. The mechanic gives us a cube Radiator Sealer from SealWel. After we put it in, it is not leaking anymore.

15th -16th of January: We recognise that the belts are in an angle. We speak to the Dealer. He send us to the second mechanic to fix and pays the bill. We recognised that there is oil leaking. So we asked the machanic to look for that as well. He changed steering-joint boot. We paid for that.

21th of January: In Fairlie the car starts to make strange loud noises when we give gas in the fourth and fith gear. We goback to Christchurch to the Dealer and ask him if he would take the car back. He said that it wouldn´t make any sense for him because he can´t claim anythig back from the dealer before because we already changed things at the car. He sends us to the second mechanic to check what the problem is. He will pay the check, but it is not clear if he will pay for the repairs. He said the car was alright when we bought it. So he doesn´t have to pay for the speedometer and the other things.

What are our rights? The car is going to be checked today. What can we expect from the dealer? Does he have to pay for the repairs? Does he have to take the car back? What would be the best?

Thank you so much for your help!

Holger

Hi there,
This link will give you information regarding the nature of faults and the potential for remedies: https://www.consumerprotection.govt.nz/get-guidance/buying-maintaining-and-renting-a-car/solving-issues-with-your-car-dealer/
There are two classes of faults from which you can base a repair claim, serious and non-serious, with vehicle rejection being one of the remedies available for serious faults. The ultimate outcome/ mediation can be established by way of a disputes tribunal if an agreement is unable to be reached.

Hi there,

thank you for your answer.

The gearbox needs to be changed at the car. Is this a serious or non-serious fault?

How much time has the dealer to repair the fault?

Does the dealer has to take the car back even with the changes at the car?

When the dealer takes the car back, what has he to pay? Does he has to pay for the other bills as well (e.g. radiator, installation of sink, accomodation)?

Thank you very much!

Hi there,
The CGA doesn't make mention of these specific scenarios, but with regards to a time frame it states a reasonable time when none is given.
If you have modified the vehicle, the dealer may not even consider rejection as it is no longer in the same condition they sold it. They would not be responsible for reimbursement of any modifications you carried out.
As for the repairs and costs associated, if the dealer was not given first right to remedy, then they would not be obliged to refund as you have absolved them of their responsibility to remedy as they see fit. If no agreement is reached then the only resolution may come from a disputes tribunal.
A serious fault can be classed as a fault which is a serious safety concern, or one that is uneconomical to repair, or a collection of minor faults may lead to a serious fault classification. However this is all decided as a negotiation between yourselves and the dealer, and not often a one-sided decision.