Yep, not denying that in that situation, you'd be screwed. This mans situation is not the same as that though.Originally Posted by Motig
As I understand it, the seller has told him 'the motor has been rebuilt'. If in fact it hasn't, then he has a right to reimbursement. If it has been rebuilt shodily, he again has not.
He needs to open the motor, and see if the parts have been replaced. If they haven't (i.e. no rebuild has occurred), he has a right to reimbursement. If they have, but the rebuilder was a monkey, then that's bad luck.
It really depends on what the seller said of course... if he said it was professionally rebuilt, then that's what the buyer can rightfully expect. If he said it was simply rebuilt, then that's no indication of the quality of the rebuild, and thus no reimbursement is coming to him.
We're of course talking fine points here, but in the end, it's those fine points that the disputes tribunal adjudicator will take into account.
Now taking all that into account, and assuming the seller has said it was simply rebuilt, and assuming that parts actually were replaced (which the receipts would indicate), then our man is screwed.
The only circumstances under which I'm suggesting our man has a legitimate claim in the disputes tribunal is where the motor clearly hasn't been 'rebuilt' (as the seller said), and I'm guessing he can only prove that by proving that the motor parts hadn't in fact been replaced.
Lou, as a businessman, you would be best contact your lawyer regarding the finer points of the law. I can however give you the same phone number that I used to ring the Disputes Tribunal section of the Department of Courts here in Christchurch earilier this afternoon, as I'm sure you will have further questions, and they will be better equiped to answer them than I.
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