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My daughter sold her classic car (its 49 years old) on Trade Me – stating its engine bay was in ‘original condition’ and that its engine had ‘never missed a beat, but that in future it might be due for a repower’. She also pointed out the rust that was starting to appear. The ad also stated ‘Has warrant and registration, ready to drive away.’
The person that bought the car now wants to take her to the Disputes Tribunal as he says she told him over the telephone it was in perfect condition. She says she didn’t say that at all, but actually pointed out further faults of the car that she was aware of and recommended to him he get an AA Check (which he didn’t, he didn’t even come look at the car before having it transported). His garage have said the car has a cracked flex plate, may have a cracked piston and its compression is low. The engine still runs and the car still goes apparently.
What is the legal position in this situation? Please help – neither of us know much of anything at all about cars! Or the law!
Thank you.
If this was a private sale and/or an auction, the Consumer Guarantees Act does not apply, therefore it is the buyer's responsibility to satisfy themself as to the condition so there is no comeback.
The only exception to this would be if there was any misrepresentation which, from your description does not seem to have taken place - especially as your daughter said that the vehicle might be due for a re-power. Although as she said it was "ready to drive away", the vehicle would need to be just that, which from your description, it sounds like it was ready to drive away.
We're constantly amazed that people will buy any used car online - sight unseen and not even inspected by a specialist inspection service - especially a vehicle of this age.
It does not seem that the buyer would have any redress in this situation and if the matter went to the Disputes Tribunal, I don't think the buyer would win, based on;
1) The description your daughter gave
2) The age of the vehicle - and what is reasonable for an old car
3) The buyer did not inspect the vehicle
4) The buyer did not have a third party inspect the vehicle
5) By bidding, the buyer is committing to the purchase.