An Auckland seller has been ordered to refund a customer who bought a BMW described as in "excellent condition" but contained explicit language scratched into the boot lid.
Taupō man Andrew Warren had bought a 2011 BMW 750i from Auckland company Roslea Holdings Ltd last November, paying $15,000 for the car and an extra $2495 for mechanical breakdown insurance, Stuff reports.
But when he arrived to pick up the vehicle, he found the car, described as "excellent condition" by the seller, contained the words "F*** YOU" scratched into the boot lid.
When Waren demanded a full refund as the car wasn't in the condition he was told it was, Roslea Holdings Ltd returned all but $2000, claiming it was compensation for lost profit, inconvenience and reselling the vehicle.
Now the company has been ordered to repay that remaining $2000 after Warren complained to the Motor Vehicle Disputes Tribunal.
Roslea Holdings' Brendan Mulligan acknowledged the explicit language at the hearing, but said he wasn't aware of it previously.
Tribunal adjudicator Brett Carter said the car wouldn't be considered to be of acceptable appearance by a reasonable customer when it had "such a large offensive word" scratched into the boot lid.
The car has since been resold to another buyer for $15,000 after a panel beater-removed the scratching.
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