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wangjue

Dear,
I bought a second hand euro luxury car on may 2016 from car dealer(very big car dealer), on the same time I bought the 2 yrs mechanical insurance from the same dealer, also I told the finance and mechanical insurance broker(same person) of car dealer, the car will run as the vip customers transport. they know I am run a tour business, the bank statement shows everything to prove my business is tour business. 2 days later after I bought the car, I went the vtnz to do a cof test and ready to run the people transport service. half year later, the second service of my car, the workshop found some mechanical issues need to repair,at that time only coolant leaking and lower arm need to the replaced. the workshop told me this can be covered by my insurance. and help me to make a claim from the insurance company, but the insurance company told me, my car can not covered by the insurance, because it is cof car. I tried to contact the car dealer where I bought the car and mechanical insurance . they say sorry and refund the insurance payment to me(too many conversations though the email, at the end I still tell them my main purpose to buy insurance not the refund, because I know euro car must buy mechanical insurance otherwise it is a high risk for me) , they told me they can refund the full payments of the insurance to me and no more helps. i have to accept.

At that time, the insurance payment amount can cover the repairing cost. then I did not argue with them anymore, and following year, I repaired 2 more issues(if I have insurance, they should be covered), cost me more than $2000, but now another major issue happened to my car, maybe cost $10000

at this stage, I really need some suggestion, i have to pay $10000 by my self ?or if I can sue the dealer to win this case.

Anon

Hi there,
The disputes tribunal may have been an option at the time, as you have said they accepted your business on the basis of full disclosure as being a company. However when the first issue arose and remedies were sought, a refund was provided and you may have been seen to have accepted this (weather you liked it or not). A year later it may not be accepted that you now seek an alternative resolution, or it may not rule favourably in a tribunal situation now. There is no CGA (consumer guarantees act)available for vehicle purchased for business use. https://www.consumerprotection.govt.nz/get-guidance/buying-maintaining-and-renting-a-car/