View Full Version : Wof when selling
awa355
7th November 2014, 16:06
When selling a vehicle these days, is it still a requirement for the wof to have been issued within 28 days, unless the ad blurp states 'as is where is'?
Drew
7th November 2014, 16:11
Pretty sure it hasn't changed.
FJRider
7th November 2014, 16:17
Short answer ... NO.
Motor Vehicle dealers must show ... (No mention of private sellers)
Dealers must display a completed Consumer Information Notice (CIN) on any car they are selling.
The notice must show
the business name of the dealer
the dealer's registration number
the cash price of the vehicle, including GST and any registration and licensing costs
notification of any security interest which is registered over the vehicle
the year in which the vehicle was made
the make, model, engine capacity and fuel type of the vehicle
the year in which the vehicle was first registered in New Zealand, or if the vehicle is a used import, the year it was first registered overseas
the odometer (distance travelled) reading, or a statement that the odometer reading is inaccurate
if the vehicle is recorded on the motor vehicle register as having been imported as a damaged vehicle
whether the vehicle has a warrant or certificate of fitness and is registered, and the dates on which these expire
nodrog
7th November 2014, 16:21
Its just a recommendation.
FJRider
7th November 2014, 16:26
Under the Motor Vehicles Sales Act ..
Offences and penalties under the MVSA
About infringement notices, serious offences, enforcement of the MVSA, the Motor Vehicle Disputes Tribunal.
Infringement offences
Under the MVSA there are a number of infringement offences which carry a fine of up to $2,000. These are:
failure by a car market operator to take reasonable steps to ensure a seller has attached a Consumer Information Notice to the vehicle being sold
entering false information into a record of sale
otherwise failing to comply with requirements to keep records of contracts for sale
being unable to show your Certificate of Registration without a good reason
not giving notice to the Registrar of any changes in your registration details
preventing an inspection by the Registrar, or giving false or misleading information
preventing the carrying out of a search warrant.
If the Registrar considers you have committed an infringement offence, the Registrar may either:
a) issue you with a notice requiring you to pay a fine of $500, or
b) seek a court hearing against you.
If (a) applies, you may pay the $500, but if you wish to contest liability you may request a court hearing. If you request a court hearing and lose the case, you may be required to pay up to $2,000.
Serious offences
These offences carry a fine of up to $50,000 for an individual and up to $200,000 for a company, and other penalties may also be added. These offences are:
trading without being registered
carrying on trading while being banned
failing to comply with a ban
tampering with an odometer
making a false statutory declaration or supplying false or misleading information to the Registrar.
Enforcement of the MVSA
The National Enforcement Unit (NEU), part of the Ministry of Business, Innovation and Employment, enforces the MVSA. The NEU will identify, and where appropriate, take action against individuals or companies, including importers, who have not registered and are trading illegally, or who are otherwise violating sections 95-119 of the MVSA, including odometer tampering. The NEU can receive written complaints against traders via their Motor Vehicle Sales Act 2003 Complaint Form. The NEU does not ban traders, only a Court can do that.
FJRider
7th November 2014, 16:31
After another Google ...
http://www.cab.org.nz/vat/tt/bs/Pages/Buyingprivately.aspx
You should also check that the car has a current Warrant of Fitness - vehicles for sale must have a warrant which is less than a month old unless they are being sold ‘as is, where is’. It’s also a good idea to check if the registration (vehicle licensing) is up-to-date.
scumdog
7th November 2014, 17:04
It would be a rare day before I'd buy a car/bike that did not have a recent WOF.
awa355
7th November 2014, 17:28
After another Google ...
http://www.cab.org.nz/vat/tt/bs/Pages/Buyingprivately.aspx
So reading that, my neighbours' bike should have a new wof on it, although the current wof runs until next August. But as Scumdog says, if I'm buying a bike, I'd want a new wof on it.
FJRider
7th November 2014, 18:04
So reading that, my neighbours' bike should have a new wof on it, although the current wof runs until next August. But as Scumdog says, if I'm buying a bike, I'd want a new wof on it.
The wording in that link ...
You should also check that the car has a current Warrant of Fitness - vehicles for sale must have a warrant which is less than a month old unless they are being sold ‘as is, where is’. It’s also a good idea to check if the registration (vehicle licensing) is up-to-date.
Not a NEW W.O.F. ... just one LESS than a month old ...
But legal requirement ... and what YOU and the seller AGREE to ... MAY DIFFER.
xen
7th November 2014, 18:23
vehicles for sale must have a warrant which is less than a month old.. Or else?
I've sold a few bikes that have taken more than a few months to sell, and not worried about updating it. Buyers didn't seem to care.
Drew
7th November 2014, 18:26
Or else?
I've sold a few bikes that have taken more than a few months to sell, and not worried about updating it. Buyers didn't seem to care.
Advertised as having a warrant, the buyer has recourse to back out, or make you fix anything it needs for a warrant check.
scumdog
7th November 2014, 18:40
Or else?
I've sold a few bikes that have taken more than a few months to sell, and not worried about updating it. Buyers didn't seem to care.
Silly buyers.
If nothing else, if they care about a WOF it will mean they have to spend about $60 for a new WOF well before they should have.
xen
7th November 2014, 18:49
Advertised as having a warrant, the buyer has recourse to back out, or make you fix anything it needs for a warrant check.
Yea so nothing to worry about if you don't sell dodgy shit
Silly buyers.
If nothing else, if they care about a WOF it will mean they have to spend about $60 for a new WOF well before they should have.
Yep its always a bargaining chip you can use :2thumbsup
AllanB
7th November 2014, 19:06
August WOF for a year - it's only 3 months or so old.
If you want the bike and have checked it out go for it.
You could use the WOF as a deal breaker - happy with agreed price subject to a new WOF.
BEWARE - given my experience in motorcycle WOF's sweet FA is checked if you rock up with a tidy well looked after bike. So check the thing over yourself.
Drew
7th November 2014, 19:18
Yea so nothing to worry about if you don't sell dodgy shitOh yeah. Like paying for tyres someone might destroy in seven months after buying the bike, because THEY might be dodgy pricks?
Yep its always a bargaining chip you can use :2thumbsupAdvertising it with a warrant, and then using it as a bargaining chip, or as a buyer?
R650R
7th November 2014, 19:23
Not a NEW W.O.F. ... just one LESS than a month old ...
.
In the real world outside of Internet multi quotes, any WOF less than one month old is effectively a new wof in most people's minds.
Only relevant anyway if the buyer has a serious or fatal accident after purchase, never heard of anyone being done for it....
FJRider
7th November 2014, 19:30
In the real world outside of Internet multi quotes, any WOF less than one month old is effectively a new wof in most people's minds.
Only relevant anyway if the buyer has a serious or fatal accident after purchase, never heard of anyone being done for it....
a WOF is only valid at the time of issue.
Period.
AllanB
7th November 2014, 19:34
a WOF is only valid at the time of issue.
Period.
Yeah - I know this guy who pops the quiet inserts in his mufflers once a year to get a WOF then pulls them out the next day ............
scumdog
7th November 2014, 19:38
a WOF is only valid at the time of issue.
Period.
Not according to the know-it-all bush lawyers down this way.
"Ya can't give it a ticket - it's still got a fuckin' warrant. open your eyes."
Apparently said warrant is still valid even with the steel belt showing on the tyre....or the door is held shut with the seat-belt etc
R650R
7th November 2014, 19:43
a WOF is only valid at the time of issue.
Period.
The LTSA would disagree on that one. A WOF is indication it has been inspected, the certificate from said survey s valid for 6-12 months as an indicator to law enforcement that this has been done.
Tampon.
FJRider
7th November 2014, 19:47
Not according to the know-it-all bush lawyers down this way ....
Obviously ... those of us residing NORTH of you .... know the truth.
Paradise IS a wonderful place though ... full of knowledge ...
russd7
8th November 2014, 22:01
Not according to the know-it-all bush lawyers down this way.
"Ya can't give it a ticket - it's still got a fuckin' warrant. open your eyes."
Apparently said warrant is still valid even with the steel belt showing on the tyre....or the door is held shut with the seat-belt etc
don't understand your concern, the steel belts showing on the tyres give extra grip on the icy roads in winter and as for the seatbelt, what the hell else are we gonna use em for :facepalm:
Waihou Thumper
8th November 2014, 22:18
The LTSA would disagree on that one. A WOF is indication it has been inspected, the certificate from said survey s valid for 6-12 months as an indicator to law enforcement that this has been done.
Tampon.
But it is still your responsibility to ensure the vehicle is safe to be on the road at all times....
You don't just forget about it and use that excuse when you slide into something because your rear tyre was worn and needed replacing soon, as per comments that are sometimes written..
Just means at that time it passes, maybe next week your vehicle isn't safe or fit for purpose..
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