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4kiwiaardvarks

Hi there. I bought a car from a dealer in October 2015. Prior to agreeing to purchasing the vehicle, I advised that it was at times shuddering when idling at traffic lights. I requested that this be checked & fixed & was assured it would be. Within 3 weeks of purchase, I had started to notice the intermittant shuddering as well as a vibration through the accelerator and also a high pitched whistling noise when coasting or driving at low speed (nothing to do with anything on the car, windshield etc) I was told the whistle is normal for cvt transmission & the other problems sounded like a faulty engine mount. There was no argument from the dealer about repairs required and it was sent in promptly. The car appeared to be fixed but within a short time the problem was back.. this was the beginning of endless problems, a very long story so this is the short version. We are now 17 months down the track and im still having ongoing issues. The warranty was only 6 months but the dealer has been fantastic as have the mechanics at Mazda. The problem is, the car is not showing faults so it has been a long process of elimination, I have sent it back perhaps 10 times. The main fault we are left with is intermittent rough idling to the point I worry the car will stall. Coils, spark plugs have been replaced, throttle body has been cleaned more than once, it went to a transmission specialist, and they've done all sorts of other work. I get the car back, it is fine for a few days & then it deteriorates again. I know it's taken a long time, but everyone has been frustrated & determined to get it fixed. It has now got to the point that i have run out of patience. I don't trust the car to be mechanically sound, I wouldn't have bought it had I known it would take this long to fix the problem, basically I am regretting my purchase and want my money back. My question is, am I entitled to a full refund? I also put a set of new tyres on the car 1 year ago, $650, can I ask for reimbursement of this since it is a cost I have incurred & through no fault of my own I am returning the vehicle? If they offer me a different car, am I entitled to one of equal price, mileage etc, as my car was at the time of purchase? Am I right in thinking they can't devalue my car based on my usage of it for the last 17 months as I am only returning it because a fault I pointed out prior to purchase was not fixed, and I wouldn't have agreed to the purchase had I known it would be this much of a problem? Thanks for your time, regards Lisa

Anon

Hi there,
The Consumer Guarantees Act gives cover to a private individual when buying from a dealer.
Rejection of the vehicle forms part of the remedies that are an option if the fault is classed as major. But it also says that a collection of minor faults could lead up to a major fault.
Generally if the faults are minor and the dealer is willing to carryout repairs, they are fulfilling their obligation.
There is no clear cut answer as to whether rejection of the vehicle will work in this situation, and may only be determined in a disputes tribunal.
More information can be found here: https://www.consumerprotection.govt.nz/get-guidance/cars-and-motoring/solving-issues-with-your-car-dealer/