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khabel
10th November 2014, 12:19
What sort of protection, if any, is there when buying a 2nd hand bike from a dealer?

Big Dog
10th November 2014, 14:53
Difficult question to answer. Mostly just the good will of the dealer.
Depending on your circumstances consumer guarantees act may apply.
Or you might want to consult the LMVDA website for more detail.
If you have a legitimate grievance that something has failed unreasonably in a reasonable timeframe the dealer will probably be pretty keen to hear from you. If it has been years and your battery is dead good luck.

Who, what, when, where and how are all factors.


Stupid phone / Tapatalk, apologies in advance.

Flip
10th November 2014, 15:10
Basically you are covered by the consumer guarantees and fair trading acts.

https://www.consumer.org.nz/articles/car-buyers-rights

http://www.cab.org.nz/vat/tt/bs/Pages/Buyingfromadealer.aspx

Apart from that there are no adittional benefits from the LMVD status. What has gone wrong, flame and burn? Just dont order parts from Triumph NZ and pay in advance.

Smiff-ta
10th November 2014, 15:18
What sort of protection, if any, is there when buying a 2nd hand bike from a dealer?

Buying it in your personal name? CGA applies.

Buying it in a Business name? FTA applies.

Either way the bike needs to be fit for the purpose intended

https://www.consumer.org.nz/articles/car-buyers-rights

Oh too slow!

R650R
10th November 2014, 15:32
Probably slightly less than the SWFA you get when buying new.
Have bought two brand new bikes, several warranty/recall issues with the GSXR, effecting a solution was like blood out of a stone with Suzuki but we got there in the end.

Really as far as second hand goes your only covered for major stuff, eg it blows up 3 miles down the road or you discover a massive crack in the frame first time you have the fairings off etc... Just about any other issues is a serviceable item/wear and tear etc....

Big Dog
10th November 2014, 18:02
A lot depends on the scale of the issue and your attitude.

I had a starter motor and stator replaced when there was a bit of a meltdown on day one of a second hand bike.
Initially I was reminded that electrics are not covered under any motor vehicular warrantee except new, but I just stood my ground politely and by lunch time I had second hand parts in the bike and it delivered back to work.

You might expect that that is just good business but I have known other dealerships to refuse to replace a f*(#ing bulb whilst still at the shop. Sure that owner can pursue a claim through small claims or the LMVD about unfair trading etc for a $5 bulb?

I have had to get involved on behalf of a few friends, not as a lawyer because I am not one, but as an intermediary. I thoroughly recommend this approach if you have a tendency to get a bit loud when people are fcukwits.
Having someone who is calm, knows at least an approximation of rights is a good start, that person can either not speak other than to introduce themselves or they can do all the talking but it is important only one of you speaks and the other is a witness to the events. If you both go in all guns blazing you will find a nice policeman wants to talk to you about how you are not welcome back (not my experience but I have known it to happen) and the business only wants to deal with you through a lawyer.

If you can keep calm and remain self assured you should find about 3 stages to dealing with a reasonable lot.
1 they will appear to be uninterested in helping, they may be sympathetic to your plight but making no noises about possible solutions. This is because they don't want to commit until they know the full extent of your claim, what you would like to see happen and what that will cost. First rule of liability, never admit it before you have all the facts and have agreed to a resolution.

2 they will want to do some research if necessary and find out the costs etc. More likely than not unless you are dealing with the manager they will need to get approval from somewhere for whatever they decide to do or you want to do. You might want a replacement stator for example, that might be more than the margin was in the bike. The bike might be worth more as parts. They may only be interested in returning your money and getting the bike back. IF that is the case you might want to have an idea at what point you would rather have some of your cash back and fix it yourself etc.

3 they will go from appearing to be somewhere between uninterested and defensive to helpful.

IF you already have a good relationship with your dealer or your problem is very minor you may find that step one or even step gets skipped.
IF you claim or your preferred remedy is not reasonable you won't reach step 3 and arbitration may be the next resort.

If you are reasonable and rational in showing how this issue is not possibly your fault and is a preexisting condition that was not picked up on during the sales process then you should get a result.

yevjenko
12th November 2014, 11:28
It also depends on the dealer. I bought mine from Motorad in Wellington and it came with a 3 month warranty. During that time the regulator rectifier crapped out. Motorad replaced it with a brand new better than oem part with no problems and no questions.

Big Dog
12th November 2014, 14:46
It also depends on the dealer. I bought mine from Motorad in Wellington and it came with a 3 month warranty. During that time the regulator rectifier crapped out. Motorad replaced it with a brand new better than oem part with no problems and no questions.

Yep, but a written warrantee from a dealer takes all the arguing out of it.
Red Baron does warrantees on most of their second hand stock and these are much more extensive on learner bikes. Can also be bought as an extra or an extended warrantee. As do some other dealers.
Not all.

Another dealer I shall not shame because they have since changed hands and no longer trade that way used to have a giant banner to the effect, 6 month warrantees on all used stock.
If you read the fine print you had one week to report an issue post discovery and only one month of warrantee, the rest was parts only warrantee.
God help anyone put in the position of a major remedy. A mate had to have his ignition system replaced. Free parts. What wasn't free was the labour to ascertain all the faulted parts and replace them.
It would have cost Glenn less to buy the parts and take it to another mechanic.


Given he was asking the question I assumed he had not gotten a written warrantee or had already exceeded its terms.


Stupid phone / Tapatalk, apologies in advance.

FROSTY
12th November 2014, 16:03
When purchasing a second hand motor vehicle from a registered dealer (or for that matter someone carrying out the activities of a registered dealer ) You are covered under several consumer laws. the first is the Consumer guarantees act (cga) the second is the motor vehicle sales act the third is the sale of goods act.
These laws are given teeth by the motor vehicle disputes tribunal.
In a nutshell-The bike must be a durable as a reasonable person would expect it to be.
Refusal by the dealer to rectify issues with the bike is reason to lodge a claim.
Refusal to refund purchase price for major mechanical issues once served with a rejection letter is reason t lodge a claim
The "three month dealer warranty cannot in ay way legally replace your protections under current standing consumer law.

Is the law an ass? YES
Its an ass because it does not clearly quantify the number of miles or Months you are covered for. The phrase "fair and reasonable" is used

avimistry
14th November 2014, 21:48
I'm not familiar with the consumer laws and am just learning as I'm reading the other posts. But from my personal experience, I recently purchased a used bike from a dealer and along with a 30 point check I received a 3 month/3000km warranty. I'd expect most reputable dealers to offer something similar. Infact if they don't, I'd stay away. Just my 2c.