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Forum Motoring Rules & Regulations Private dealer sold me a vehicle which had 2 unactioned recalls from two years prior without disclosing this information


Laura_2018

I purchased a Toyota prius 2011 (Japanese import) from a private dealer and found out it has 2 outstanding recalls from 2016 two days after completing the purchase. This was not disclosed to me by the dealer at the time of purchase. I only found out because there was a media release (after purchase) saying there is a new recall on Prius (ECU), so I called Toyota and found out that my vehicle also has these 2 recalls unrelated to the ECU (curtain & shield airbags, and fuel suction plate). Apparently the airbags can randomly explode into the cabin and cause occupant injury. I have arranged with Toyota to get the 2 recalls fixed free of charge but I was very surprised that a dealer would be prepared to sell a vehicle with 2 outstanding recalls, including one that can cause occupant injury. I contacted the dealer and asked if they were aware of the 2 recalls and their response was "I'm not sure" and that perhaps a regulation change occured right before the vehicle was imported so they were not required to fix the issues associated with the 2 recalls. There was also an AA appraisal on the vehicle which was very positive and did not pick up any defects. The WoF was also within a month old. Is what the dealer did legal? Do I need to follow up with the dealer?

Anon

Hi there,
The dealer shouldn't sell a car with outstanding safety recalls, this would also depend on when the vehicle was imported and when you purchased it.
The Takata airbag recall has recently created a few rule changes and has affected millions of vehicle globally. Manufacturers could also only carryout some recalls as the parts became available.
The AA Appraisal is a dealer only, physical inspection and would not have picked up recalls, and neither would a wof inspection.
The CGA would outline the dealer responsibilities. https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/