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Buying a motor vehicle

Buying a motor vehicle privately

Is it more risky to buy a vehicle privately?

If you buy a motor vehicle privately rather than from a business, the Motor Vehicle Sales Act, the Consumer Guarantees Act and the Fair Trading Act do not apply. This means there are no legal guarantees that you have clear ownership of the vehicle or about the vehicle’s quality.

For example, if a finance company or other creditor has a security interest over the vehicle that you don’t know about, the finance company or creditor may be able to repossess the vehicle from you to recover the seller’s debt (see: “Repossession”).

However, if the car is faulty, or if the seller made false statements about the vehicle that persuaded you to buy it, you might have some rights under the Contract and Commercial Law Act 2017.

In these cases, you may be able to take the person who sold you the vehicle to the Disputes Tribunal (see: “The Disputes Tribunal”).

Steps you can take to protect yourself when buying privately

There are some steps you can take to protect yourself when buying privately:

  • Check that the vehicle has a current warrant of fitness. Private sellers have the option of selling a vehicle without a warrant, provided the car is clearly identified for sale “as is, where is”.
  • Check with the police to make sure the car isn’t registered as stolen. Ask the seller for proof of identity.
  • Check whether there is any money owing on the vehicle. Check the Personal Properties Securities Register (PPSR) to see if there is any security interest registered against the vehicle. This can be done for $2.30 by registering to check online at www.ppsr.govt.nz or texting the VIN and/or chassis number to 3463 (FIND).
  • Get a mechanical check done on the vehicle.
Next Section | Where to go for more support

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Consumer protection

Where to go for more support

Legal information and support groups

Community Law

Your local Community Law Centre can provide you with free initial legal advice.

Find your local Community Law Centre online: www.communitylaw.org.nz/our-law-centres

Consumer Protection

The Consumer Protection website has useful information on a range of consumer topics. Consumer Protection is part of the Ministry of Business, Innovation, and Employment (MBIE).

Website: www.consumerprotection.govt.nz
Email: cpinfo@mbie.govt.nz
Phone: 0508 426 678 (0508 4 CONSUMER)

Consumer NZ

The Consumer NZ website provides a wide range of information on consumer issues and template letters you can use to write to traders to enforce your rights.

Website: www.consumer.org.nz
Email: info@consumer.org.nz
Phone: 0800 226 786 (0800 CONSUMER)

Commerce Commission

The Commerce Commission enforces the laws against misleading and deceptive conduct by traders (the Fair Trading Act) and the consumer credit legislation (the Credit Contracts and Consumer Finance Act). The Commission provides information on these areas on its website.

Website: www.comcom.govt.nz
Email: contact@comcom.govt.nz
Phone: 0800 688 5463

To make a complaint online: comcom.govt.nz/make-a-complaint
To read consumer rights in different languages: comcom.govt.nz/consumers/read-about-your-consumer-rights-and-business-responsibilities-in-another-language

Citizens Advice Bureau (CAB)

CAB provides free, confidential and independent information and advice.  See CAB’s website for valuable information on a range of topics.

Website: www.cab.org.nz
Phone: 0800 367 222
Facebook: www.facebook.com/groups/citizensadvicenz

Find your local CAB office: www.cab.org.nz/find-a-cab

Product safety

This agency oversees the safety of consumer products that are not food, medicines or road vehicles. Their website has information for consumers about safety standards, product recalls and using products safely.

Website: www.productsafety.govt.nz
Email: cpinfo@mbie.govt.nz
Phone: 0508 627 774

Products recalled: www.productsafety.govt.nz/recalls

FinCap and Money Talks

FinCap is a non-government organisation providing free financial mentoring services.

Website: www.fincap.org.nz
Email: kiaora@fincap.org.nz
Phone: 04 471 1420

MoneyTalks is a financial capability helpline operated by FinCap. The Financial Mentors offer free, confidential advice by phone, text, email and live chat.

Email: help@moneytalks.co.nz
Phone: 0800 345 123
Text: 4029
Live chat: www.moneytalks.co.nz

Motor Vehicle Traders Register

Before purchasing off a motor vehicle trader, check if they are registered.

Website: www.motortraders.med.govt.nz
Phone: 0508 MOTOR TRADERS (0508 668 678)

Buying a car privately

Search the PPSR register to see if there is any security interest registered against a vehicle. This can be done for a small fee by registering to check online

Website: www.ppsr.companiesoffice.govt.nz

Check to make sure a car that you’re considering buying hasn’t been listed with the police as stolen.

Website: www.police.govt.nz/stolenwanted/stolen-vehicles

Other tips for buying a car privately from YouthLaw: www.youtube.com/watch?v=aK8irFAn1as

Complaints

Disputes Tribunal

The Disputes Tribunal can deal with claims up to the value of $30,000.  It is less formal than a court and cheaper.

Website: www.disputestribunal.govt.nz/about-2
Phone: 0800 COURTS

Motor Vehicle Disputes Tribunal

The Motor Vehicle Disputes Tribunal can deal with claims up to the value of $100,000.  It can only deal with disputes relating to registered traders (or those that should be registered).

Website: www.justice.govt.nz/tribunals/motor-vehicle-dealer-disputes
Phone: 0800 268 787

Dispute Resolution Schemes

There are four dispute resolution schemes for consumers dealing with lenders and other credit providers. Contact the scheme your service provider has registered with.

  1. Financial Services Complaints

Website: fscl.org.nz
Phone: 0800 347 257
Participants list: fscl.org.nz/search-financial-service-providers 

  1. Insurance & Financial Services Ombudsman

Website: www.ifso.nz
Phone: 0800 888 202
Participants list: www.ifso.nz/complaints#find-a-participant

  1. Banking Ombudsman

Website: www.bankomb.org.nz
Phone: 0800 805 950
Participants list: bankomb.org.nz/the-complaint-process/bank-participant

  1. Financial Dispute Resolution Service

Website: www.fdrs.org.nz
Phone: 0508 337 337
Participants list: fdrs.org.nz/become-a-scheme-member/scheme-member-search

Utilities Disputes Commissioner

The Commissions helps with complaints about electricity, gas, water and some fibre services.

Website: www.udl.co.nz
Phone: 0800 22 33 40

Participants list: www.udl.co.nz/making-a-complaint/complaint-form

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