I bought a 2004 model car thru a well know Dealership in PE mid June 2011. The sales person confirmed upon my question that the car to the best of his knowledge not been in any accident and that they only had the car for about 1 month on their sales floor.
All went well for 3 months... then one evening while driving home from a function the car just cut out... we managed to get it going and drove home. The next day the car would not start at all. We replaced the Diesel Filter, thinking that it would solve the problem. Still nothing. Towed it to Hyundai for repairs. Car was with them for 2 weeks. They were baffled. Eventually replaced an injector plug to no.3 cylinder... All went ok for 1 month, then the same symptoms, i.e. not starting. Car was with Hyundai for 3 weeks.... eventually had to fit a new return valve. When we took the car in the 2nd time the mechanics said that they know this car because it stood with them for almost 3 months to be repaired... this triggerd my investigation skills and I asked them to draw all the job cards and fax me copies. I then discovered that the Dealership I originally bought it from had the car since July 2010 and that they have spent close to R31 000 to sort out exactly the same problem i.e. Not starting. I then started reading the sections in the CPA and this is my understanding:
1. Disclosure: The dealer must disclose any known faults in the vehicle to you and also list what he has done to the vehicle in terms of reconditioning. He must also disclose the year of first registration as well as the code status of the car. i.e. New; Used; Imported; Stolen/Recovered; or Rebuilt. He has to allow you to inspect the vehicle and conduct a road test. The object of this clause is to ensure that the buyer is making an informed choice. The words “Voetstoots” and “As Is” are no longer permitted but of course, older, high mileage cars still need to get sold and these will now be sold as “scrap” but without a roadworthy certificate. If the seller has supplied a roadworthy certificate on such a car, it implies a six month warranty.
2. Right to return the vehicle: The buyer may return the vehicle to the seller within a 6 month period under certain conditions. This is subject to Section 56 (2) of the Act. Wear and tear is excluded. There has to be a proven defect in the car or the buyer must prove that the vehicle was sold to him which was not fit for the purpose for which he bought it. The onus will be on the buyer to provide evidence of such defect. The dealer will then have the option of repairing, replacing or refunding.
I have spoken to the Used Car Sales Manager at the Dealership and explained my situation. He was very helpfull, but at the end his superior, the Dealer Principle just wrote me an email stating that they cannot help me. I have given the matter over to the MIO, but is still waiting on them to come back to me.
Any suggestions - do you think I have a foot to stand on?