I bought a used car in Christchurch 3 weeks ago and it has already broken down. The dealer is refusing to help. What rights do I have under the Consumer Guarantees Act?

General information from Lawmateanz

If you bought the car from a dealer (a registered motor vehicle trader), the Consumer Guarantees Act applies. Private sales and most auctions aren't covered in the same way.

The car must be of acceptable quality, taking into account its age, price and mileage. A used car isn't expected to be perfect, but a serious fault soon after purchase may mean it wasn't of acceptable quality.

If the fault can be fixed, the dealer can usually choose to repair it within a reasonable time. If the fault is serious (a 'failure of substantial character'), or the dealer won't fix it, you may be able to reject the car and get a refund, or ask for compensation for the drop in value.

Put your complaint to the dealer in writing, describe the fault, and keep repair quotes and receipts. Avoid getting major repairs done elsewhere before raising it with the dealer, unless it's urgent.

If the dealer still refuses, the Motor Vehicle Disputes Tribunal hears claims against motor vehicle traders. Consumer Protection (part of MBIE) has free guidance on your rights.

Written by Lawmateanz, not by a lawyer. General information only, not legal advice about your situation. For advice about your own matter, talk to a lawyer.

Lawyers listed on Lawmateanz can answer this question. If you asked it, we'll email you as soon as it's answered.

Are you a lawyer? Answer this question · List free on Lawmateanz

General information only. Answers are written by independent lawyers based only on what's in the question. They aren't legal advice about your situation and don't create a lawyer–client relationship. For advice about your own matter, talk to a lawyer directly.