Ask an expert


DarrylandJane

In October last year, we purchased a 2015 Nissan Pathfinder with about 25,000ks on the clock. We did our due diligence, (AA inspection, carjam etc) the seller informed us it had been in a minor accident and it had been repaired. The AA inspection came back clean.

We purchased the vehicle and were invoiced for by the seller. They are a Nissan parts place in Hamilton but not a LMVD.

A month ago it started having issues. The technicians at the local Nissan dealership identified some issues including the fact that it had been in an accident but had not been repaired properly.

Am I right in assuming that I'm not covered under the CGA in relation to him not being a dealer but am covered as he is a business and the product he sold me has been misrepresented and not of merchantable quality.

Reply
Anon

Hi there, the CGA applies to any item purchased from someone in trade, so even though they are not a car dealer- they are a trader and so you have rights.
https://www.consumerprotection.govt.nz/general-help/common-consumer-issues/refund-replacement-repair/

Reply
DarrylandJane

Thank you Cade. I've since been informed that the head casket has blown but the mechanics can't tell me why. This vehicle is less than 5 years old and only done 30000ks. Can I go back to Nissan NZ and ask them for some $$$$ under the CGA?

Reply
Anon

Hi there, you could try but it would be a battle, they would first say it's out of warranty, and then they would want all the service records and to know that everything was replaced and checked to the letter. It would be best to go back to the seller of the vehicle as they are in trade- they are obligated to you to make sure the product they sold was fit for purpose and durable.

Reply
DarrylandJane

Hi Cade I have an update. The Nissan dealership has sent through an estimate of $6500 to fix the head gasket. I have gone back to the seller, who is in Hamilton and we are in Blenheim, and he has said that send it back so he can fix it. The question I have is who is liable for the bill at Nissan for the work already done? And can I reject his offer of repair and get it done in Blenheim by qualified Nissan technicians and not have to transport it to Hamilton and back. It has already been off the road for 3 weeks.

Reply
Anon

Because you to took the car to Nissan to be assessed without the seller authorising it first, I would say you are liable for this part. If you told them the moment you had issue and they instructed you to take it to be assessed then it would be a different story. You can reject the offer, but may not be able to claim another remedy as they have been seen to have offered to remedy the issue (their part under the CGA). The situation is always difficult when the town you reside is not the same as where you purchased.

Reply
DarrylandJane

Thanks Cade. The seller and I have managed to come to an agreement where the vehicle stays here and gets fixed by the Nissan guys. Next question. Both the seller and I want to query the repair bill of $6500 (42hrs labour @100/hr plus parts and gst) is there someone on this forum I could ask? I have the estimate with a full break down of the work undertaken from the workshop.

Reply
Anon

Hi there,
It might be best to speak with an engine builder and ask if they think a good job was done at a reasonable price.

Reply