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Scenario:

Purchased a second-hand vehicle from a Dealer. Before purchasing, I asked if there were any pre-existing defects with the vehicle that I should be made aware of, he said 'No', and they did arrange to have a brand new WOF put on. It was most definitely not sold in an 'as-is, where-is' condition.

Said vehicle has done near on 180,000kms, and I didn't get a mechanical inspection.

Driving the vehicle home (Auckland - Wellington, 600kms) I noticed a small amount of vibration through the steering wheel on braking. It was only intermittent so I didn't pay that much attention, and didn't advise the dealer.

A week later driving the car over hilly roads, the braking situation got worse, a lot more vibrations and audible noise from the front brakes. I advised the dealer of this and said that I would be getting it checked.

Had it checked and mechanics advised that the discs were warped, and not only that, were so low that a machine skim would take them very close to the safety thickness limit of the disc and that they should really be replaced. The pads would also have to be replaced at the same time. This was a $500 cost, no less than 10 days after the vehicle leaving the dealers yard.

I sent the invoice to the dealer with the fact they sold a car with defects in the braking and safety systems and outlined my concerns around this. Their response was that these issues aren't covered by a mechanical warranty or CGA, as they are "consumables', so they have declined to meet any of the repair costs.

I'm not trying to dispute the fact they are consumables, but more the fact that they sold a car with these defects in place, and advised me that there were no defects.

I'm very disappointed in the fact that I have a $500 repair bill, so close from the vehicle leaving the yard. It's not like I have driven the car for 3 months and then trying to claim repairs from the yard. It's only been 10 days, so it's right to think that the car left their yard in that condition. it was not a result of how I have treated the car in that 10 days. I'm also disappointed in their response.

My question is: do you think I have a case to bring these repair costs to the Dealer, since they sold a vehicle with such defects to the most important safety mechanics of the car, which could've resulted in damage or harm, not only to me, but any other road user at the time, if the braking system had failed in any way.

Or do I have to bear the costs of this, since the car was second-hand, travelled that many km's, and is an expected cost, regardless of how it left a dealers yard?

Hi there,
We understand that the braking system is an important part of vehicle safety systems.
At the time of sale the vehicle had a new wof, which would indicate the braking system must have been within a safe tolerance of the requirements at the time of inspection.
For any vehicle issues arising for a short time after purchase there are some processes to follow when using the CGA as a reference.
Under the CGA you must give the dealer first right of repair (and he can repair as he sees fit), it is not best to hand him a bill he did not authorise and expect it to be paid.
https://www.consumerprotection.govt.nz/get-guidance/buying-maintaining-and-renting-a-car/solving-issues-with-your-car-dealer/

I understand the dealer should have first right of repair, and if it wasn't such an important part of the vehicles system (especially safety) then I would've waited and discussed with them.

But since it was the braking system, I decided myself to have the repairs done, and then approach the dealer and ask for his co-operation with the issue. And now that I did have the discussion with him, he advised that even if I had waited and advised him of the issue, he wouldn't have covered the items, as "under a warranty, they are consumables". And I'd certainly agree with that, if the car had travelled a fair amount of distance. But it was only been 1,000km since leaving the dealership.

I would be happy enough even if he was open to the idea to cover half the bill, even out of goodwill, but since he appears to be stubborn and of the mind that none of it is his responsibility, I want to claim the full amount. Is this fair on my part?