Surely legally the keys would be considered as an integral part of the vehicle, hence if you purchased the vehical and the didn't supply all the keys then they're falling short on their legal requirements under the contract of sale.
Surely legally the keys would be considered as an integral part of the vehicle, hence if you purchased the vehical and the didn't supply all the keys then they're falling short on their legal requirements under the contract of sale.
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I'd try working it through the consumer courts.
When it comes to evidence, the CPA reverses things a bit, and there's a lot more onus on the supplier to prove their defence as opposed to times past when the complainant had to prove theirs.
I'd take the approach that it's reasonable to expect there were two sets of keys for the car, and having one set missing was an impairment that should have been pointed out when you were a prospective buyer.
If it was a private sale, the CPA wouldn't come into play - but as you bought the vehicle through a dealer it most definitely does.
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@Andy and Dave. My sentiments exactly, one expects that the car would come with spare keys as this is the "standard" and thus if the did not state to me that there will be no spare keys supplyd before I signd the contract they are in the wrong and supplyed me with a incomplete product.
I was advised to contact the ombudsman for dealerships, or to contact the imperial select head office!
Anyone know where i can find the no for the ombutsman?
I will keep you guys up to date!
not gonna lie down without a fight!!!
Keys are a part of the car.
The RMI does have a consumer complaints person, failing which they will have the omboudsman details.
Perhaps you should inform the dealer that you intend cancelling the sale via the CPA and claiming accordingly.. In the alternative he can pay the cost of having a new key and lock system installed
Anthony Sterne
www.acumenholdings.co.za
DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.
I stand to be corrected, but this is also a condition of insurance if you vehicle is stolen that you produce both sets of keys to the insurer in the case of theft to prove you had nothing to do with it!
I respectfully disagree. If they said the consumer will get TWO keys then they must provide TWO keys. Various provisions in the CPA that can be invoked in this situation. If the dealership is an RMI member, then complain to the www.rmi.org.za. If no joy, take it to ncc@thedti.co.za. Can also look at www.miosa.co.za
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