Is this false advertising when buying a vehicle via auction on trademe?
My partner bid, and won an auction for a bus. The seller stated in his advertisement that the COF would be done for the new buyer. The seller demanded a $10k deposit so that he knew that we were not mucking him around, (he said that he had another buyer let him down, previously). We asked if the vehicle was in the order as described and wanted to know when he would get the COF sorted out, given that we would allow him time to source the parts to get it sorted. We paid a deposit into his account, straight away. Then the seller's story changed, and he told us that he could not source parts to get the COF, and he was going to deliver the bus, to us delivering it from out of town, and that the rest of the money needed to be squared up. We did not agree, we asked him to supply COF, and we then connected with the disputes team. Trademe gave both parties 6 days to conclude to an agreement of some sort, however, the seller still would not agree to the COF, stating that it was old advertising from a previous BUY NOW deal advertisement, which he used in the past while he was trying to sell the same vehicle. So, according to the seller, he was not liable to supply COF. He has not responded to when or how the COF will be obtained by him when we told him we purchased the vehicle based on the COF being supplied. He is demanding we pay for storage for the vehicle. He won't give his address details. Trademe just keeps directing us to fill out the complaint forms online. It has been weeks of frustration, as we do not know where to go for help. Does anybody in the community know if Trademe Disputes help in these cases? Does the community think that we should take legal action? Comments welcomed.Thank you.
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L Community SuperuserThat is not a good situation. Sorry to see that is happening to you. I hope you kept copies of the advertisement you relied on. That is your evidence. The seller cannot use some old historic advertisement you have never seen. If you have the rego NZ Transport could possibly help you with the sellers full details and address.
If you wish to pursue the COF requirement it could be very long winded. If you want to get your deposit back and walk away from it it may be simpler. Disputes Tribunal is likely your recourse for this. But fill out the trade me forms, these will give you all the sellers details trade me hold and will be needed for Disputes Tribunal too. Perhaps if you say to the seller you will definitely take him to the tribunal he might just give you the deposit back? All the best.
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Callum Community SuperuserHello Maryann. Firstly I assume this is just a private sale? So not through any kind of dealer? If so then yes about your only legal avenue is the Dispute Tribunal route. As L mentioned you would need to contact Trade Me and fill in a form to get the sellers address if they are not forthcoming with that. For private sales the Disputes process via Trade Me won't have much legal teeth, apart from TM putting pressure on the seller.
The seller saying that stuff about the COF being an old advertisement is on them, not you. They can't use that to wiggle out of what they said.
Yes, also take screenshots of the original auction advertisement and relevant Q&A etc now if you haven't already. You might be needing them down the track.
He also can't demand storage fees, unless that was mentioned or agreed to by you before you purchased the vehicle.
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MichelleTrade Me staff - Community team
EditedKia ora Maryann, sorry you've had this experience on the site. You've made your purchase decision based on what the seller has in the listing description. Good advice here from L and Callum about saving a copy of the original listing, correspondence, Q&A and going to the Disputes Tribunal if we aren't able to help get a resolution for you.
I can see you've been in touch with the Disputes Team, hopefully they can help out with this seller.
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