Buying an expensive second-hand vehicle from a dealer should guarantee you peace of mind. But that wasn't the case for Amina Subbir.

Amina bought a 2003 Dodge Ram from an Auckland dealer. She paid $45,000 but got more problems than she bargained for.

Two days after buying the luxury American ute from Grange Motor Company, Amina got in touch with them – the steering was vibrating and the vehicle was leaking oil in her driveway. She says she was led to believe the ute had just been serviced.

Independent assessment

Amina contacted us because she got no reply from Grange. We advised her to have the ute independently assessed. Car Inspection Services found a number of problems, including ones that should have failed a WoF: the steering column was rubbing on the engine; suspension arm bushes were damaged; and the transmission was leaking.

Grange had obtained a WoF for the Dodge less than three weeks before the sale. But even so we advised Amina to have another WoF inspection – and the Dodge failed. The WoF inspectors found the steering rubbing on the engine, substandard welding modifications on the chassis, and no certification for the modifications that had been made.

Armed with the inspection and WoF failure, Amina wrote to Grange asking for a full refund. She said she felt unsafe driving the ute and that she shouldn't have to pay to repair these mechanical faults. Grange initially offered to fix some of the problems but said some of the things the inspector had listed weren’t correct.

Motor Vehicles Disputes Tribunal

Amina wanted her money back and rejected Grange's offer to repair the vehicle. Instead, she took them to the Motor Vehicles Disputes Tribunal (MVDT).

Two months later, the MVDT judged that the ute "failed the guarantee of acceptable quality" under the Consumer Guarantees Act (CGA) – and that the failure was substantial. It ordered Grange to refund the full purchase price and the fees for the two inspections. Grange appealed to the District Court, but the MVDT's decision was upheld.

Finally, seven months after buying the ute, Amina received her full refund. Also, the New Zealand Transport Agency upheld a complaint and took "appropriate action" against K&P Automotive who issued the original WoF for Grange.

More information

Amina's case shows what to do if things go wrong. For more help see our Car buyers' rights report.
 

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