I bought a car from a private seller and it has problems. What can I do?
You have only limited rights, because the Consumer Guarantees Act does not apply to private sales. You may have rights if the seller misled you, the car was repossessed because of money owing, the seller had no right to sell it, or the seller was really an unregistered trader. In these cases, you can try to negotiate or apply to the Disputes Tribunal.
Official figures
- Buying from a private seller
- A private seller does not need to be registered, does not need to display a CIN, and does not have to follow the Consumer Guarantees Act (CGA) or the Fair Trading Act (FTA)1
- Rights you may still have after a private sale
- The seller gave you false information to get you to buy; the car had money owing and was repossessed by a finance company; the seller had no right to sell the car; the seller should really have been registered as a trader1
- Who must register as a motor vehicle trader
- Anyone in the business of selling cars, or anyone who sells more than 6 cars, or imports more than 3 cars, in 12 months1
- What dealers must do
- Follow the CGA and FTA; register and follow the Motor Vehicle Sales Act (including the CIN rules); legally own the car, and show any money owing on it (security interest) on the CIN (Consumer Information Notice)2
- CGA guarantees for cars sold by dealers
- Acceptable quality, fit for purpose, and as described. Whether the quality is acceptable depends on the car's age, the price, its condition, how the dealer described it and how soon the problem appeared2
Official sources
- Buying a car privatelyConsumer Protection (Ministry of Business, Innovation and Employment) · consumerprotection.govt.nz
- Problems with a car bought from a dealer: common issues and your rightsConsumer Protection (Ministry of Business, Innovation and Employment) · consumerprotection.govt.nz
- Vehicle registration and licensingConsumer Protection (Ministry of Business, Innovation and Employment) · consumerprotection.govt.nz
- Motor Vehicle Disputes Tribunal - What claims you can makeMinistry of Justice · justice.govt.nz
Read the full guide: Buying a used car: checks, change of ownership and your rights →
People also ask
- What is the difference between buying a used car from a dealer and from a private seller in NZ?
- How do I check if a used car has money owing on it or is stolen?
- How do I transfer ownership of a used car? Do both the buyer and seller need to do it?
- The dealer says the car is sold 'as is, where is'. Is that legal?
- My car from a dealer broke down after a few weeks. Can I return it?
- How do I apply to the Motor Vehicle Disputes Tribunal and how much does it cost?
Answers are based on official New Zealand government pages. Check the official source before you act. This is not immigration, legal or tax advice.
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