If the Dealer Cant Find Financing for You After 30 Days Can You Find Financing Again?
Your rights and what to do if y'all bought a vehicle from a car dealer and there's a trouble, such as faults, misleading statements and coin attributable.
Your rights if something goes wrong
If in that location's a problem with your machine subsequently purchase and it'due south not your fault, you have more options if you bought from a auto dealer. This is considering buying from a dealer gives yous many more than consumer rights than if y'all buy privately.
Dealers must:
- comply with the Consumer Guarantees Human action (CGA), which gives you guarantees for new and used vehicles
- comply with the Fair Trading Act (FTA) and not mislead you — if they sell online, they must tell you they are a car dealer
- exist registered and comply with the Motor Vehicle Sales Act (MVSA)
- display an accurate Consumer Information Discover (CIN) on used vehicles.
This applies whether you lot pay cash, get the car as a souvenir or purchase on lease or on finance. Y'all have these rights no matter if you lot buy from a car dealer online, from a car m or at an auction. (Note: a car marketplace operator – sometimes chosen "a park and sell" operator) is not required to be a registered dealer.
Read more almost Buying a auto from a dealer
Consumer guarantees when you buy from a dealer
The CGA guarantees hateful the vehicle should be:
- of acceptable quality – reasonable in expect and stop, durable and safe
- fit for purpose – either by and large or to meet a specific purpose you told the dealer before y'all bought the vehicle
- as described – match the description in advertisement or annihilation the dealer said at the time.
If one of your guarantees hasn't been met, you have a right to get back to the dealer for a repair, and if circumstances permit, a replacement or refund.
You are not covered by the CGA if your vehicle is:
- bought from a individual seller
- bought for business concern utilize and the dealer has contracted out of the CGA
- bought for re-sale or resupply in trade.
Read more about the Consumer Guarantees Human action (CGA)
Your correct to a remedy for common issues
If you experience a common trouble with a car yous bought from a dealer, know your rights.
Mutual problems include:
The vehicle you bought is not of a reasonable quality
Under the CGA, you can expect any vehicle yous buy from a car dealer to exist of an 'acceptable quality'.
Whether a automobile is of 'adequate quality' depends on the particular machine you purchase and how the machine dealer sells it to you.
To decide if a auto is of 'acceptable quality', recollect well-nigh whether a reasonable person would find the car acceptable given:
- the blazon of vehicle
- the price paid
- any information about the car, eg history, quality, condition, given to you by the dealer or in any advertisements
- the nature of the car dealer and how the motorcar was sold
- whatsoever other relevant circumstances, eg how soon the machine developed a trouble after buy.
If a reasonable person would non consider the car's quality to be acceptable when they accept the to a higher place points into business relationship, you can get a remedy from the dealer under the CGA.
The vehicle you bought is faulty
Mostly speaking, if there is a fault with your machine afterward purchase, and it'due south not your fault, you tin can become back to the dealer to merits under the manufacturer's warranty or under the CGA guarantees.
Although some dealers may state otherwise, in that location is no gear up time limit, eg 1 month, you lot take to return a faulty car or inquire for faults to be repaired.
Under the CGA, whether a dealer is responsible depends on:
- the historic period, type, cost and condition of the vehicle at the time of buy
- whether or non the fault is due to reasonable clothing and tear
- whether a reasonable person would accept the quality and status of the vehicle.
If the fault is serious, eg information technology tin't be repaired for a reasonable price, you can reject the vehicle. By rejecting the vehicle, you can get a refund or a replacement of the same or similar vehicle.
You must tell the dealer y'all are rejecting the vehicle within a reasonable corporeality of time.
If a faulty vehicle has caused harm to your property, you tin can also claim compensation.
Read more than about Faulty products.
The dealer made a misleading 'as is, where is' argument
If a dealer points out any specific defects before yous buy and you go ahead with the sale, you can't complain about those defects. However, a general statement such as 'as is, where is' may alienation the guarantee of acceptable quality if it leads to you accepting a poor-quality vehicle. This may too breach the Fair Trading Act by trying to exit of the consumer guarantees and misleading you nearly your rights.
The ad or vehicle data was misleading
If the dealer gives yous false or misleading information near a new or used vehicle or your consumer rights, you have rights under the CGA and FTA.
Some examples include:
- 'clocked' cars where the odometer has been deliberately wound dorsum
- if the seller doesn't have the correct to sell the vehicle – for example, the car has money attributable on it or is stolen
- the age, history and status of the vehicle are misrepresented.
Compensation would be based on the divergence betwixt what you paid and what the vehicle would have been worth if the seller'south statements had been true. This could mean a full refund.
Read more about Misleading prices or advertising.
There is money still owing from a previous seller
The CGA guarantee of title means a car dealer must have full legal ownership and the right to sell the motorcar. If the vehicle was stolen, you may have to return the auto but y'all tin claim compensation from the dealer.
This likewise ways a car dealer must tell you if a finance company has a security interest in the machine because they are even so owed money for it. A security involvement is the right a finance company has to reclaim a borrower'south belongings, eg their car, if the borrower does non pay back their loan.
To find out if the car was sold to you with money still owing, check whether the 'security interest' box is ticked on the Consumer Information Notice (CIN). The dealer would accept given you a copy of the CIN when y'all bought the car.
If whatever of the information given nearly the security involvement is wrong on the CIN, ie the box was not ticked, so it is invalid and you take full ownership rights. This means the finance company tin can't take the vehicle from you.
At that place are no spare parts bachelor
Under the Consumer Guarantees Human activity (CGA), manufacturers, importers and distributors must ensure spare parts and repair facilities are available for the vehicles they gather or import. They can do so themselves or through their agents. This rule applies to all vehicles sold in New Zealand for the commencement time, eg new and imported second-paw vehicles when they are first offered for sale in New Zealand.
If there are no spare parts bachelor for your car, you can seek a remedy under the CGA.
This guarantee doesn't apply if yous were told at the time of sale that spare parts or repair facilities were not available, or were just available for a certain period of time.
You lot have an extended warranty or breakdown insurance
If you bought an extended warranty or breakdown insurance, this may likewise embrace you for any mechanical or other defects. For a new car, the manufacturer's warranty will give y'all free repairs for most mechanical defects within the term of the warranty. This can exist upward to three years or 100,000 kilometres. Warranties unremarkably have terms and weather condition you must follow, eg the vehicle must be regularly serviced at an approved garage.
Read more than well-nigh Warranties.
What to do if you accept a trouble
Contact the dealer and warranty insurer earlier y'all do anything else.
Don't become the automobile checked by a mechanic or anyone else before you contact the dealer. Y'all could lose your right to a remedy if you do.
How to complain
What to expect when y'all approach the dealer
When y'all become dorsum the dealer:
- Bring any proof of buy and evidence of the trouble, eg a copy of the original advert, any agreements or documents you signed, mechanical reports and photographs of the error.
- Know what outcome you want.
- Take a support person to witness the conversation.
- Exist honest and state the facts of the situation.
- Endeavour to remain at-home and reasonable.
Be prepared to honestly answer questions the dealer may ask you lot, including:
- what the problem is and when it appeared
- if anyone else, eg a mechanic, has looked at the car before y'all contacted them
- if so, whether this person did anything to the automobile
- how you accept looked after the car, eg regular servicing, kilometres driven, etc.
- if yous purchased an extended warranty or breakdown insurance.
When you approach the dealer, they should get the vehicle inspected and decide whether the problem is modest or serious.
If the problem is pocket-size
The dealer must get any repairs done within a reasonable time. Be sure to tell them when you demand the car back by. Inquire for a 'courtesy motorcar' while they repair the vehicle, although a dealer is not legally responsible for providing one.
If you hold to repairs and they don't fix the problem properly, or the vehicle develops farther faults, your rights go on. You lot can choose your remedy options again until your problem is sorted. But if yous misuse a vehicle, the CGA doesn't apply.
If the dealer refuses, fails to do the repairs or doesn't exercise them in a reasonable time, you tin cull to:
- accept the vehicle repaired elsewhere and claim the cost dorsum from the dealer
- reject the vehicle and merits a refund or a replacement of the same type and similar value if it is bachelor in stock.
If the problem is serious
A problem is considered serious if:
- it can't exist repaired or fixed
- the cost to repair the vehicle is disproportionate to the purchase price, eg if the car was bought for $v,000 and the price to repair the fault is $4,000.
If the problem is serious, you can:
- reject the vehicle and merits a refund or a replacement of the same type and similar value if it is available in stock
- keep the vehicle and claim compensation for the drop in value.
If a faulty vehicle has caused damage to your property, you can also claim compensation.
If a dealer doesn't agree that the error is serious, get an independent mechanical written report in writing and a quote for the repairs. If the report supports your claim that the error is serious, become back to the dealer to reject the vehicle and choose a refund, replacement or repairs, plus compensation for the cost of your study.
If you bought the car on finance
Contact the dealer about the problem as presently every bit possible.
Don't stop your payments to the finance company. The car may be repossessed if you practice. Y'all should contact your finance visitor to tell them nearly the trouble and talk over your options.
If your dealer arranged your finance, the finance company is also responsible for giving yous a remedy for the problem nether the CGA. This is particularly important if the dealer is not existence helpful or has gone out of concern.
Read more than about Getting a car loan
Adjacent steps if a dealer doesn't agree
If you lot cannot solve your consequence directly with the seller, yous tin contact:
- Motor Trade Association (MTA) — If your dealer is a MTA member, they may be able to mediate between you and the dealer and help you reach an understanding.
- Motor Vehicle Disputes Tribunal (MVDT) — For issues with registered motor vehicle traders, or dealers who should be registered. Most claims are resolved inside iii months.
- Report the dealer — to Motor Vehicle Traders Register or Commerce Committee.
Notice an MTA member(external link) — MTA
What they tin can exercise
Dealers must act on Motor Vehicle Disputes Tribunal decisions. Outcomes can include:
- your sales contract is cancelled or inverse in a way that compensates you for your loss
- your money is refunded or your trade-in returned
- y'all are compensated for any other directly losses from the vehicle's issues or for being misled
- repairs for the vehicle or new parts
- the dealer taking over your obligations nether any credit understanding.
Make a claim(external link) — MVDT
Report the dealer
Motor Vehicle Traders Annals (MVTR)
Run past Trading Standards, this holds information about registered traders and their business.
Complain about motor vehicle traders who may exist:
- unregistered and trading illegally
- tampering with a vehicle's odometer
- banned motor vehicle traders still operating illegally.
The MVTR is a register, not a dispute resolution organisation. Complaining to MVTR may assistance protect other consumers. It cannot help yous go your money back, simply Trading Standards may ban a seller from the register.
Complaints(external link) — MVTR
Commerce Commission
Report the trader if:
- y'all think you have been misled nigh the vehicle, eg price, quality, kilometres travelled, country of origin
- the vehicle's Consumer Data Notice (CIN) had incorrect information or wasn't in that location.
Commerce Commission doesn't act on behalf of individuals and can't investigate every complaint. Simply their investigations practise aid make certain businesses are complying with the law. Your information helps them assess which consumer issues are causing greatest harm.
Brand a complaint(external link) — Commerce Committee
What adequate quality for cars means
Detect out more about what acceptable quality means when you're buying from a automobile dealer.
Download guide: What acceptable quality means for car buyers [PDF, 336 KB]
Source: https://www.consumerprotection.govt.nz/help-product-service/cars/solving-issues-car-dealer/
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