Auckland car dealer to pay $14k refund after man buys once written off car

An Auckland car dealership will fork out a $14,000 refund after selling a car that had been once written off before being reregistered. File photo / Alex Burton

An Auckland car dealership will fork out a $14,000 refund after selling a car that had been once written off before being reregistered.

As a recent tribunal decision details, Robbie Clemens purchased the 2006 Ford Focus from A Grade Wholesales Ltd and found defects including a damaged turbo, a loose engine mount, a severe oil leak and damaged radiator support panel.

About two weeks after purchasing the vehicle, its left front tyre blew, according to the evidence Clemens gave.

He told the Motor Vehicles Disputes Tribunal other faults found by then included bald tyres, the driver's door handle was glued in place, the exhaust emitted white smoke, the radio was held in place by double sided tape and the reverse camera was faulty.

Clemens returned the vehicle on March 27. A Grade Wholesales replaced the tyres and rectified the other defects to Clemens' satisfaction ― although he was unhappy that there was no combustion test.

When he tried to sell the Ford Focus on Trade Me he says he was told by potential buyers the vehicle had previously been deregistered, which caused him to believe that the vehicle may previously have been in an accident.

In October 2020, while driving through the Hunua Gorge, Clemens noticed smoke or steam from the engine bay.

He opened the bonnet and noticed water leaking from a disconnected hose.

The vehicle was then taken to South Auckland Motors Ltd.

Clemens provided a copy of a service invoice from South Auckland Motors detailing problems including a broken positive crankcase ventilation (PCV) pipe hose and a hole in a coolant line.

A director of A Grade Wholesales, Omar Slaimankhel, told the tribunal they rectified all of the issues initially complained about.

"He says that the white smoke from the exhaust was caused by a damaged turbo," tribunal adjudicator Brett Carter's decision reads.

"Although Mr Slaimankhel considered that the damage may have been caused by the way Mr Clemens drove the vehicle, A Grade Wholesales replaced the turbo at its expense."

The company claimed it told Clemens that the vehicle had been written off and alleged the defects now complained of may have been caused by his "aggressive driving".

Slaimankhel told the tribunal the car had passed compliance testing and a warrant of fitness inspection before it was reregistered and sold.

"I accept the evidence presented by Mr Clemens as to the existence of the vehicle's alleged defects," Carter said.

He was a "clear and reliable witness" with evidence as to the existence of the vehicle's defects supported by South Auckland Motors.

A Grade Wholesales did not challenge the existence of those defects.

"Instead its defence focused on whether it should be liable for those defects given the age and mileage of the vehicle and Mr Clemens' alleged aggressive driving."

Carter accepted Clemens would not have purchased this vehicle if he had known that it had previously been written off.

It would be expected that a trader would keep thorough records proving that it disclosed that information, Carter said.

"No such records exist in this case."

Clemens' application to reject the vehicle was upheld and the tribunal ordered that A Grade Wholesales Ltd pay $14,408.20 within 10 working days.