Christchurch Lamborghini owner wins $10,000 payout
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A Christchurch Lamborghini owner has won a $9245.80 payout from motor trader First2Go Cars Limited after a hearing at the Motor Vehicle Disputes Tribunal in August.
Clinton Sloan bought the 2008 Lamborghini Gallardo on Trade Me from First2Go Cars for $170,000 at the end of last year, and wanted reimbursement for repairs to the vehicle's oil and cooling system, which cost him $9245.80.
Sloan claimed that he had problems with the vehicle's air conditioning, and the oil and cooling system leaked almost immediately after purchase. It therefore it failed to comply with the guarantee of acceptable quality according to the Consumer Guarantees Act, he said.
When Sloan emailed First2Go Cars general manager Mr Bidois via email over his Lamborghini's issues and seeking reimbursement for repair costs, replied that he was not responsible for any repairs as the sale of the motor vehicle was a "private sale" between Sloan and a man only referred to as "Kent".
Sloan replied by pointing out that there was a signed sales agreement between him and First2Go Cars - to which he received no reply.
Further emails and telephone calls from Sloan would go unanswered.
At the hearing, Bidois argued that Sloan was legally required to provide a repair estimate - which is incorrect, the Act says a consumer must "require the supplier to remedy the failure". But emails provided to the tribunal not only showed that Sloan had tried to do so anyway, but that Bidois clearly indicated First2Go Cars would refuse to assist Sloan, and tolld him to take up the matter with "Kent".
The tribunal concluded that First2Go Cars refused to remedy the failure in terms of the Act.
As to whether the Lamborghini failed to comply with the guarantee of acceptable quality, Bidois claimed at the hearing that Sloan had driven the vehicle knowing it had an oil leak.
Sloan said he only drove a further 1000km after finding out about the leaks.
Tribunal assessor, Mr Dixon, did not think Sloan's continued use of the vehicle would have increased the repair costs. The tribunal said a reasonable consumer who spent $170,000 on a relatively low-mileage 8-year-old vehicle would not expect to have to do costly repairs to cooling system and oil leaks so soon after buying the car, and therefore the leaks in the oil and cooling systembreached the Act's guarantee of acceptable quality.
- NZ Herald