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Hi,

I bought a car from a dealer about 2,5 months ago.

Within the first 2 weeks I experienced shaking of my engine if I started the car in the morning or after parking it for a long time (for example starting it after work). I contacted the dealer and they had it checked by their mechanic. He came back to me saying that the shaking was normal, but did not give me any sort of report.

The problem continued, so I contacted him again, dropped off my car again and the same response: nothing wrong, but no report.

The shaking does not seem normal, it is very intense shaking and I feel like it is becoming worse.

The other day, all of a sudden one of my windows wasn’t closing after I had opened it (this is just over 2 months after I had bought the car). So I asked if I could drop off my car again urgently, I asked them to fix the window and to check the engine shaking once again.

He just phoned me, and mentioned that he will check the shaking again (but I don’t have a lot of hope this time will be a different response), and that he is not going to fix my window as this broke down “after an acceptable time period”, as it was working fine when I bought the car.

I am wondering what my rights are with both these issues, and what the best steps would be from here.

Thanks in advance for your assistance.

Best,
Bianca

Hi Bianca,
The CGA (consumer guarantees act) doesn't have an expiry date so no one can really state how long a vehicle can be owned before problems are no longer be a dealers responsibility. The question to ask in this situation, (taking into account the length of ownership, age, condition and price paid) is it reasonable for this vehicle eto have these problems. The answer would determine whether to pursue a remedy, or second opinion if the dealer won't assist. Sometimes a disputes tribunal ends up providing the mediation where no decisions can be achieved. https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/

Thanks for your response.

It is a 2007 BMW that has done 47k, and I have owned it now for just over 2 months. They sold it to me as a high grade import...

Hi Bianca,
It is a tricky one, on one hand it's 11 years old, but has very low km's and you've not owned it very long. .
Unfortunately, if the dealer is unwilling to assist, it may cost you to repair and seek a claim through the disputes tribunal.

Ok, thanks Cade - appreciate your help.