[Question] What does the CPA says about second hand vehicle...?

[Christel]

Hello,
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?
Thanks!

[AmithS]

I am no expert on the CPA, but if you have good evidence like you are explaining above and present it in a manner that shows you have been deceived\mislead. I am sure you will stand a good chance of getting the problem sorted out.

Else if all fails, use media avenues to tell others about their deceitfulness!

Just my taughts!

[Christel]

I am no expert on the CPA, but if you have good evidence like you are explaining above and present it in a manner that shows you have been deceived\mislead. I am sure you will stand a good chance of getting the problem sorted out.

Else if all fails, use media avenues to tell others about their deceitfulness!

Just my taughts!

Thanks... I have this car on HP, and the people at MFC also said that if the MIO cannot help me I should go to the media.... It's just frustrating because I need a reliable car, and that is not what they sold to me. This past Tuesday I dropped the kids at school, just switched off the car to help them out, tried immediately to switch on again and it was DEAD. The engine did not even swing....

[sterne.law@gmail.com]

Your requirement of proof is fairly low in terms of the CPA and the implied warranty is that the vehicle would be able to perform.
You have the 6 month warranty, wherein you can ask for refund, repair or replace.
Once a repair take splace then there is a "new" 3 month warranty with the same repair, replace or refund elements.
I think you should bring this pressure on the dealer. They will naturally attempt the repair and delay type tactics.
Every day without the car costs you time, money and maybe more importantly, aggravation. I suggest the route of, sort me out with another car or I give you your car back and go somewhere else.

[gac]

Christel, I suggest 2 actions:
1. Approach your financier for assistance. They may be able to put pressure on the Dealer.
2. Write a letter to the Dealership in which you state the facts (date purchased, what the sales person advised in response to your question, what has happened and then state the relevant law. Include the facts you discovered and for which you have records to prove about the car had R31k repairs done to it. State clearly that you demand they sort out the problem or that you will have no option but to take the matter further. But them be prepared to do exactly that.

Good luck.