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Hi,

I try to explain my issue as short as possible. I wanted to buy a car from a dealer. The dealer advertised this car as in a good condition. When I had a test drive I noticed few issues, not working electric window, SRS lamp on (this is airbag system warning lamp), not stable idle. The dealer offered me to fix these ones if I pay a deposit and sign a Vehicle Offer and Sale Agreement. He told me if they don't fix it what we agreed than they refund my deposit. I jumped into the deal. He assumed in the contract to make these fixings and delivers me until a specific day (Friday on the week of assignment). Because he missed the delivery day I inquired at him on Monday what about the car. He told me everything was done only the WOF inspection is left. I was happy this should mean on the next day the car is ready. I wrote them politely I'm not in a hurry.

But it wasn't ready, therefore I wrote them on Thursday. No reply (before that he was extremely responsive). On the next day I wrote them, I have to reconsider to cancel this contract because they don't finished in time and I have to move on. On this afternoon miraculously the car was fixed and ready to go. But I already decided to cancel the contract, because I got suspicious if they told me it under WOF inspection on Monday, it had to be some other issues with the car, which I wasn't informed before signing the contract and might withhold important information about the condition of the car.

I tried to act as our contract lets to do it by the cancellation : "May cancel this Agreement ... (b) at any time if the Motor Vehicle Trader has failed with it's disclosure obligations in respect of Unsolicited Direct Sales.". The Terms and Conditions in this kind of cancellation says: "The Motor Vehicle Trader immediately repay all money the Purchaser has already paid under the Agreement". I told them they missed the delivery date, and in this case they failed an obligation of the contract and refund the deposit of 200 NZD.

After noticing them of this act they told me the car failed in WOF inspection and obligated to replace the front shocks, one suspension arms, and throttle body.

What should I do in this kind of situation? Was it misinformation? I don't think a car in good condition would fail with this kind of failures and if I would know that so many problems has this car summed up I would sight this agreement. The dealer resist to refund my deposit, he has to pay by the contract (if I understand it well). They communication only one argument: I told them I wasn't in hurry so they didn't missed the delivery date.

Hi there,
It does seem rather simple and also a bit trivial for the dealer to be arguing about a refund of $200, but there are a few technical issues with signing the offer to purchase and the terms of refund. It depends on how old (and km's travelled) the vehicle is weather it would be reasonable that some suspension components require replacement. In these cases it might be that the only way to seek resolution is by way of a Tribunal and state your case that you feel the dealer misled you into signing the agreement by what they said about the vehicle.

In the meantime after 5 days of arguing they refund the deposit. It seems helped to comming up with the Tribunal.

Thank you the advice :)

Good result LakaOne, it was very interesting to read your item and a satisfactory outcome with the dealer.

Thank you Johnhan3 :)