Ask an expert

I bought a 1992 Pajero about 4 weeks ago.

After purchase the dealer informed me that I should pay another $700 for a 1 year warranty which I declined.

Twenty days after purchase the radiator outlet pipe burst causing the engine to badly overheat.

The salesman said it will cost me around $2200 to repair. I have owned the vehicle for less than one month.

Should I pay for these repairs?

I don't know what to do.

Derick.

From the "Ask Jack" archives - 14 December 2009

If you purchased from a Licensed Motor Vehicle Trader (dealer) then the vehicle is covered under the Consumer's Guarantee's Act (CGA). In other words, the vehicle must be fit for purpose at the time of sale and is sold with the expectation that it will continue to be fit for purpose for a reasonable time after the sale.

Just what is a reasonable time is debatable however, I don't believe the dealer can use the excuse you decided against taking out a mechanical warranty policy and therefore you are required to pay the repair bill.

If the radiator failure was due to unforeseen circumstances such as an obstacle from the road flicking up and damaging the pipe, then the dealer has no responsibility. If the problem was no fault of your own, then I believe the dealer needs to be involved in dialogue with you to find the best way forward.

One of the benefits of buying from a dealer is the fact you have some coverage under the CGA.

There are a couple of options I can suggest. Firstly find out if the dealer belongs to the Import Motor Vehicle Dealers Association (IMVDA) or the Motor Trade Association. If so phone their customer help line 0508 682 633.

If not, you can phone the Department of Courts 0800 367 6838 and explain your situation to them.

I would suggest you bypass the salesman involved and ask to speak to the owner of the business or the most senior person on site before you make the calls I have suggested.

Let them know you are going to seek advice on the matter and to hold off all repairs until the matter is resolved.