Is someone there today, I purchased a New vehicle in 2021, with 5yr guarantee/warrantee, vehicle has developed problems

Expert's Assistant chat

Customer: Good morning is someone there today
JA: Hi. How can I help?
Customer: I purchased a New vehicle in 2021, with 5yr guarantee/warrantee , vehicle has developed problems 3 months ago and how transpires that it needs a replacement gearbox , Im told it could take up to 4 months for the replacement gearbox to arrive.dealer has given me a vehicle for me to use but its not fit for purpose, what coarse of action is available to me in this situation. Thanks.
JA: What state are you in? It matters because laws vary by location.
Customer: Im in New Zealand, Blenheim, Marlborough
JA: Thanks for all these details. What steps have you taken so far?
Customer: Just been waiting,
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I dont think so

Answered by Chris The Lawyer in 38 mins 5 months ago

Chris The Lawyer

10+ years of experience

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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Chris The Lawyer

43360 Satisfied customers

10+ years of experience

Chris The Lawyer

10+ years of experience

43360 Satisfied customers

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Chris The Lawyer, Expert

Hi My name is ***** ***** I am a New Zealand lawyer based in Wellington with more than 42 years of experience. I am here to help with your questions.

Chris The Lawyer, Expert

Is this for business use or for your own personal use? Your remedies are stronger under the. Consumer Guarantees Act. However overall, a combination of the act and the five year guarantee given to you by the dealer, means that you would need to have the gearbox replaced and paid for by them. If the vehicle is out of action, then you need to have a replacement which is reasonably similar and fit for purpose. You should negotiate with the dealer to get something better, and suggest to the dealer that if they cannot provide something suitable, then you will get a rental vehicle which is better but expect them to pay for it.

Customer

Thank you, ***** ***** use.

Customer

How long should I have to wait for the replacement gear box to be fitted

Customer

are you saying that the dealer dosent have to either replace the vehicle or refund the purchase price of the vehicle.

Customer

Are you still there

Chris The Lawyer, Expert

I’m sorry, I was away from my device for a period while travelling. Your rights under the Consumer Guarantees Act Are relevant if you’re a private buyer. It seems to me that if a car that is reasonably new had a complete collapse of the gearbox, then the vehicle may not have been fit for purpose. However you need to factor into this the milage since you bought the vehicle.

Chris The Lawyer, Expert

I am unsure why it would take so long to get a replacement, especially for a relatively new car. But you are entitled to some compensation for the loss of use, and that should be a proper recognition of what you need. If the replacement vehicle is not suitable, then you are entitled to insist on a loan vehicle which does suit your purposes, or as I suggested earlier rent a suitable vehicle.

Chris The Lawyer, Expert

The issue of getting a complete replacement for the vehicle is more difficult. If this had failed within a few months of purchase, then I would say more confidently that you could get a replacement or a refund. You have had some use of the vehicle, and therefore the approach that would be taken would be compensating you for your losses, which would include the cost of a suitable replacement vehicle together with the full repair of your own vehicle

Customer

Ok, thank you I understand what you are saying, vehicle has done 30,000ks since new.

Customer

very well

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