One for the restorers and fixeruppers...

[jon dee 500]

https://www.trademe.co.nz/a/motors/cars/bmw/listing/2982691933?bof=dXFDO9RK

Cheers...

[Driftit 2078]

Quote

Hi there, due to the age of this vehicle and the amount of time off the road we ask that if you cannot view or have someone view on your behalf, please do not bid, thank you

Hmmm.  She has to be very rusty for them to not even want to describe it.

[jon dee 500]

I'd guess that this is being sold "as is" on behalf of an estate and the dealer just wants to avoid any after sale liability/whingeing. If the person who buys this has made their own inspection and assessment of the work required, then there can't be any comeback on the seller. At least that's my take

Cheers...

[Bennyboy 199]

Seller seems like a good bloke 

[KwS 2425]

Wow, really trying to get out of any liability

[Sammo 2544]

Can a RMVD actually get out of obligations under the CGA?

A quick google suggest no, but I guess the sale agreement would need to list all present faults.

[jon dee 500]

Listing states... " This is being sold for parts or repair only and has not been through a WOF or Mechanical Inspection prior to listing " so I'm thinking no different than Turners auctioning writeoffs or damaged cars.

Cheers...

[Bennyboy 199]

7 hours ago, jon dee said:

Listing states... " This is being sold for parts or repair only and has not been through a WOF or Mechanical Inspection prior to listing " so I'm thinking no different than Turners auctioning writeoffs or damaged cars.

Cheers...

Good enough reason to reject requests for photos of rust? I think not

full disclosure is the least the seller could offer up, surely?

[KwS 2425]

12 hours ago, Bennyboy said:

Good enough reason to reject requests for photos of rust? I think not

full disclosure is the least the seller could offer up, surely?

I guess their thoughts are that the moment they show any rust, any more that is found by the buyer could come back to them as "you didnt disclose it was rusty here!!!". Best to let potential buyers find it themselves in an inspection. TBH though a dealer would be better off palming something like this off to turners and not dealing with the hassle.

[M3AN 4016]

21 hours ago, Sammo said:

Can a RMVD actually get out of obligations under the CGA?

A quick google suggest no, but I guess the sale agreement would need to list all present faults.

Nope, you can't contract out of the CGA but he's selling it explicitly as non-roadworthy so I think he's fine. He would be better off to cancel the registration though rather than keep it on hold, that creates minor ambiguity.

[jon dee 500]

It pretty much comes down to this.... the vendor has stated their conditions of sale as is their right. If any interested parties are unable/unwilling to comply with the conditions of sale they can exercise their right to NOT purchase the car. I see that some prospective purchasers consider that a vendor who clearly and reasonably sets conditions of sale, but fails to satisfy the expectations of some prospective purchasers, is automatically assumed to be trying to hide something.

Rather than being a reflection on the vendor, this is a reflection on the prospective purchasers attitude. The vendor very clearly wishes that prospective purchasers should make their own inspection and assessment to avoid any misunderstanding regarding the cars condition. This seems eminently sensible to me given the age and stated "non-roadworthy" condition of the vehicle. By insisting on inspection prior to bidding the vendor is ensuring that full liability for all and any work required to return the vehicle to roadworthy condition lies with the purchaser.

I'm not suggesting that there are not vendors around who will misrepresent the vehicles that they are selling and caveat emptor applies. All I'm saying is that the vendor has the right to set the conditions of sale and if those conditions explicitly recommend inspection before bidding, then that can be seen as sound advice to anyone concerned about rust. Given that the car has been parked up for ten years there is likely to be a lot of maintenance required to get it up to WOF standard. I don't know if the CSI is rust prone but a friend in Auckland with a camera should be able to help you out with some pics

Cheers...

 

[Bennyboy 199]

a friend with a camera is good, but a dealer with a camera is better. 

why should i do all the legwork in organising someone to take photos for me, when it's in the best interests of the dealer to do so to aid in selling the car in the first instance?

I'm guessing from your vehement defence of this guy that you yourself are a dealer, or known to the seller, John?

Edited February 19, 2021 by E30 325i Rag-Top

[Blackie 510]

 

4 hours ago, Bennyboy said:

a friend with a camera is good, but a dealer with a camera is better.

A friend in need is a friend indeed, a friend with weed is better...

Said dealer is even offering a hoist for inspection. People who don't want to inspect, don't have to bid and shouldn't.

[zero 1162]

Its not very helpful to people out of town who cant get there to inspect.

Imo any reasonable person would simply post a photo of the rust.

[Blackie 510]

Remember the days of autotader and trade n exchange rags, where you had to view every car in person. 

[jon dee 500]

6 hours ago, Blackie said:

Remember the days of autotrader and trade n exchange rags, where you had to view every car in person. 

Pffffttttt.... youngsters 🙄 Just be thankful you didn't have to check a horses teeth before you bought your new ride  

Cheers...

[Matth5 471]

On 2/20/2021 at 4:30 PM, Blackie said:

Said dealer is even offering a hoist for inspection. People who don't want to inspect, don't have to bid and shouldn't.

They have a hoist... that does make their refusal to provide photos even more baffling.

Whatever, if someone doesn't want to make an effort to sell something, that's their choice. It's just that you'd expect better from someone whose profession is selling cars...

People acting like asking for photos is such a terrible inconvenience for a car dealer... lol.

[M3AN 4016]

I spoke to my solicitor mate about this and he said the seller is doing the right thing by requesting personal inspections. If he provides photos and/or details that leads somebody to believe the vehicle could be roadworthy then he's in the poop, by forcing people to make their own judgements he's sufficiently arms-length from the decision that he can't be implicated.

Friend did agree that keeping the rego on hold is not a good idea, he loses nothing by cancelling it and gains nothing by keeping it but he does expose himself to bureaucratic costs if a buyer complains to the tribunal (however unlikely they are to succeed).

 As a side note, allowing somebody to use a lift, or get under a car on a lift, is apparently a worse liability.

[FIAT 131R 223]

Caveat Emptor.   Simple as that.  I think the sellers rep has been too polite.  If you don't want to inspect the car don't buy it.    A serious buyer would inspect it or get it inspected by someone they trust.  I am not known to the seller and nor am I a dealer.   

I am off to inspect a vehicle I am looking at buying.

[jon dee 500]

57 minutes ago, FIAT 131R said:

I am off to inspect a vehicle I am looking at buying.

I hope you have your camera with you !!!

In the interests of full disclosure I am not related or known to the vendor, I am not an anti-vaxxer and I think "clown shoe" is the greatest ever name for a car

Cheers...

[FIAT 131R 223]

I bought the car and didn't take a single picture.

[Willy Sea 46]

And well done Fiat 131R. Some of the posters to this column need to take a good hard look at their attitudes here for goodness sake. You want your cake and wine served up on a plate, and want to reserve the right to complain with vigor if its not to your taste. I applaud Fiat 131R for his commendable attitude,

While some of you were moaning about needing pix, the vendors poor attitude, and wanting your hands held while going to the toilet, a veritable bargain was uplifted by a quiet achiever. Kudos👍

[KwS 2425]

I don't think @FIAT 131R bought the car in the listing...?

Its not too much to ask for a dealer with a hoist to post photos of the rust they know of, but I also understand why they would want to distance themselves from any liability. It seems like the dealer wants their cake and wine served up on a plate too; they want the most money they can from it, for the least work and liability possible.

[Willy Sea 46]

You know what I mean KwS. Some buyers have unrealistic expectations what sellers will / should do to achieve a sale. And then snivel like schoolboys after a punch up when it all goes south.

If we were selling the car listed, I would state as a condition of sale that only bids from bidders who have inspected the car will be accepted, all others will be deemed vexatious and removed. Soon sort the men from the boys, wheat from the chaff, or whatever.

[Matth5 471]

On 2/21/2021 at 5:14 PM, M3AN said:

I spoke to my solicitor mate about this and he said the seller is doing the right thing by requesting personal inspections. If he provides photos and/or details that leads somebody to believe the vehicle could be roadworthy then he's in the poop, by forcing people to make their own judgements he's sufficiently arms-length from the decision that he can't be implicated.

Taking more pictures doesn't mean he can't still require inspections for bidders, it just helps people, especially those who might need to fly in from another town, decide if it's worth their time and expense to take a look.

To me it seems silly saying photos showing the rust would expose him to liability, but not the nice photos showing the exterior? 😄

I think he has his head up his ass.

Edited February 22, 2021 by Matth5