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balancerider

$1 Reserve F10 M5

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It's an auction... buyer beware. Even if that dude was a dealer, auctions are as is, where is in this country. 

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On 1/11/2019 at 4:58 PM, Gabe79 said:

It's an auction... buyer beware. Even if that dude was a dealer, auctions are as is, where is in this country. 

My understanding is the law changed on this about 3 years ago, and that $1 reserve auctions are now bound by CGA if sold by a dealer.

Edited by leebske
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There was an interesting test case where a trade-in sold by a dealer "as is where is" was adjudged to still be bound by Consumer Guarantee's Act. I believe the logic applied was that it was still sold by a dealer, though the business and off the lot. Hence it should be covered by the CGA.

If you take that same scenario to a Trade-Me Auction then I would suggest it would also apply if the conditions are the same. However, if it is somewhere like say, Turners or Mannheim, then I believe that then does not fall under the CGA and it truly is "buyer beware".

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Turners stipulate whether or not the seller is “in trade” and therefore the CGA applies I believe.

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On 1/11/2019 at 4:58 PM, Gabe79 said:

It's an auction... buyer beware. Even if that dude was a dealer, auctions are as is, where is in this country. 

That's not correct Gabe... CGA still applies under the Act. You cannot contract out of the CGA. Twp parties can still make an agreement but that all changes when the sh*t hits the fan. 

Edited by B.M.W Ltd
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I've recently gone through the MVDT because of a dodgy car from a dealer and I can assure you, you can't hide behind 'as is where is'. We won the case convincingly. 

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1 hour ago, B.M.W Ltd said:

That's not correct Gabe... CGA still applies under the Act. You cannot contract out of the CGA. Twp parties can still make an agreement but that all changes when the sh*t hits the fan. 

Hi Glenn, thank you for that. I double checked it and indeed you are correct. I've missed out on some opportunities due to my misunderstanding, alas. 

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