I sold a second hand horse float 3 years ago and offered a 12 month warranty. It became apparent after several weeks

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Customer: Hi. I sold a second hand horse float 3 years ago and offered a 12 month warranty. It became apparent after several weeks that the lady was unhappy about minor issues that we corrected at our cost. We offered the lady an exchange float which she declined. Last year she complained that there were issues with the floor but refused to return it to my workshop so I could assess the issue. Here husband did some minor repairs. recently the husband has undertaken more work on the float and now alleges the float is not fit for purpose. Given that the float is 2 years out of warranty and I have not been allowed the option of undertaking work where do I stand legally. I have offered to advise them but declined to undertake work that someone else has started as I would be liable from that time on. Appreciate any advisee you can offer. Dave
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Otago NZ
JA: Have you contacted the seller or manufacturer?
Customer: I am the seller and the manufacturer's 12 months warranty is well and truly over.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Chris The Lawyer in 3 hours 2 years ago
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Chris The Lawyer, Expert

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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Chris The Lawyer, Expert

if this is covered by theConsumer Guarantees Act, then the remedies are based on the age of the sale and whether the float was completely unfit for purpose. After three years they have had a considerable amount of use for the float, but it is very likely to be too late to seek a refund or replacement after this period of time. If they are a consumer then the act will apply, but if they are in business then it does not. The refusal to let you do the work also has significance. Of course as you realise you don't have control over the remedial work undertaken by them, and it is therefore not unreasonable to refuse to pick up after someone else's work.

Customer
Thanks. They are a consumer but as a business we have done everything in our control to manage issues when brought to our attention. The husband has done work on the float and now wants to go to another repairer and give the bill. This float is 2 years out of warranty.
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Chris The Lawyer, Expert

The Consumer Guarantees Act overrides any manufacturers warranty, but there is a commonsense element to the warrantees under the legislation. In essence, if they have had the float for three years, and haven't given you an opportunity to do the work but done this themselves, then I am doubtful whether they would have any claim. It is reasonable to refuse to do work after someone else has started this, because you have no ability to control the quality of the other work.

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