Non-disclosure and Misrepresentation

Senuka made this Official Information request to Ministry of Justice

Response to this request is long overdue. By law Ministry of Justice should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Senuka

Dear Ministry of Justice,

Could you please confirm whether non-disclosure is/is not an act of misrepresentation under section 35 of the contract commercial law act of 2017.

In the following scenario; An individual purchases a vehicle on trademe as it is described to be in “excellent condition” in the advertisement. However subsequent to purchase and collecting the vehicle major issues are revealed. Is this an act misrepresentation under 35 of the contract commercial law act of 2017 given that the seller has deliberately hidden this information to persuade the unsuspecting buyer to purchase the vehicle. (Assume the vehicle is well above the market price).

The webpage for Private seller car purchases in page 18
Outlines a very similar case which suggest that the seller is in the wrong for this not disclosing these mechanical issues.

Please give the ministry of justice’s stance on this I.e. whether it is in line with the consumer protection website mentioned above for private seller car purchases.

Yours faithfully,

S. onel

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