Tribunal decision on rejecting a vehicle not repaired in a reasonable time
The Motor Vehicle Disputes Tribunal has recently released a decision where it was determined the trader took an unreasonable amount of time to repair relatively minor issues with a vehicle, and therefore the customer was allowed to reject the vehicle.
The customer purchased the vehicle in late January 2023, and soon after noticed a knocking noise coming from the steering and the heater was not working properly. He promptly returned the vehicle to the trader on 3 February.
The customer then contacted the trader on 6 and 13 February as he had not received an update. The trader had attempted to repair the vehicle but could not find the fault with the steering, so then referred the vehicle to a different mechanic. On 15 February, the mechanic diagnosed the issues as a broken flap in the heater box and a faulty steering shaft universal joint.
The trader then purchased the replacement parts needed on 21 February. The customer continued to contact the trader about the repairs, and the trader advised the vehicle would not be repaired until the start of March 2023. The customer then sought to reject the vehicle.
The Tribunal found that while the faults were not substantial, the repairs were simple and should have been performed within two weeks, even if there was an initial misdiagnosis of the cause of the knocking noise from the steering.
Consequently, the Tribunal allowed the customer to reject the vehicle, and the trader was ordered to refund the customer.
Read the full decision – New Zealand Legal Information Institute(external link)