The Commission investigated five complaints about how Motor Me sold vehicles on Trade Me, the Motor Me website and through the business’ car yard in Onehunga, Auckland.

In the Commission’s view Mr Smith, trading as Motor Me, has likely breached the Fair Trading Act by making false or misleading representations about the quality, history and AA endorsement of the cars offered for sale.

Complaints included that a car was advertised as having less mileage on the odometer than it did; that a car was advertised as having an AA tick and safety certification when it did not; and that a car was in good condition, inside and out, when in fact it was not.

Competition General Manager Antonia Horrocks said the Commission has received a significant number of complaints about motor vehicle retail and sales.

“Purchasing a vehicle is a significant spend for a consumer and compliance with the Fair Trading Act by car dealers is important when advertising motor vehicles. If you are selling a vehicle you must describe it accurately, including relevant information about its quality, history and any endorsements or benefits.”

“In this case, three of the complainants provided evidence to us that the relevant vehicle’s physical condition and mechanical performance was of lower quality than represented to the customer through Trade Me listings or email correspondence,” she said.

The complainants included in this investigation have confirmed that they received either a partial or full refund from Motor Me after disputing the vehicle representations initially made to them.

Background

You can see a copy of the warning issued to Mr Smith T/A Motor Me on our Enforcement Response Register.