[Question] Getting spare keys from dealership!!

[Gros]

Hi

I recently bought a second hand car from a dealer in PTA! after i signed all the papers, the delivered the vehicle to me, WITH NO SPARE KEYS! The dealer assured me that he will get the spare keys from the previous owner. A couple of days later and i phoned the dealer only for him to tell me that the previous owner does not have the keys.

This would not have bothered me except that a replacement key from Hyundai cost in excess of R2500!

I would like to know 1. What are my rights in relation to the consumer protection act, And 2. what will be the best way to approach this problem?

thank you

Kind regards Johann Grobbelaar

[adrianh]

R2,500 you got off lightly. Friends of mine had both sets of keys for their BMW X3 stolen. R22K - They paid R2500 for the excess.

[Dave A]

I've never got spare keys with a second hand vehicle bought from a dealer - and the issue of the missing spare set has always gone down exactly the same path as the OP describes - promises, and then "there aren't any."

1. What are my rights in relation to the consumer protection act

If you were told you were buying a car with spare keys, you're entitled to get a car with spare keys.

[AndyD]

Another thing to ba aware of is that some cars have a normal key and a master key (sometimes called the service key). Both are chipped and programmed but you're going to run into problems if you ever need a duplicate key and you don't have a master key.

R2,500 you got off lightly. Friends of mine had both sets of keys for their BMW X3 stolen. R22K - They paid R2500 for the excess.

I'm surprised the scammers haven't started picking up bunches of keys when the poseurs leave them on the bar and blackmailing their owners for their return........hmmm a new business opportunity me thinks :-)

[adrianh]

We actually spoke about it. She said that she would have happily given them R10K to get her handbag back - Cards, Passports, keys etc...

[mother]

the previous owner does not have the keys

So who has them then? Surely one doesn't just casually "lose" a set of car keys? Especially considering what can be done with them and/or what it costs to replace them!

[Justloadit]

Yep and they can then lift the car at any time with the spare key. I have all my car spare keys safely stored away.
When ever I have purchased a 2nd hand vehicle, before I pay I want to see all the keys. The deal is only done upon receipt of the keys. If there is no incentive to find them by the seller, they will make no effort and simply say they lost them.

[Gros]

Well i phone the dealer last week and he said that he contacted the previous owner who in turn said that he does not have it! If it is the truth I dont know.

Its my first car ever boaght from a dealer my previous one was a private sale, a car a bought from a friend.

An expensive lesson to learn, I know. But the question still remains, what are my rights? can I demand keys and if not delivered sue? Will I win if i sue?

How will you guys tackle this problem?

[daveob]

I would get a quote to have the keys / locks changed and take it to the dealer. On older models, this can be a reasonably inexpensive thing to do at your local locksmith. Not sure about newer vehicles.

Maybe a small claims court case for the costs ?

You were promised the keys. So either they get produced or they pay for the locks to be changed. Maybe you should tell them you're considering canceling the deal ?

[Justloadit]

The question here is - Does it state anywhere in the agreement that spare keys were to be supplied with the purchase.

If the answer is No, then I am afraid you have a very weak case, the CPA will not be able to help either, but you can always try. A he said she said argument is not going to hold in court, unless there are witnesses. Also a court case is not a cheap exercise, and may take a number of years.

[AndyD]

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.

[Dave A]

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.

[Gros]

@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!!!

[sterne.law@gmail.com]

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

[AmithS]

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!