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Thread: Car Dealership - Misrepresented information - PLEASE HELP

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    Car Dealership - Misrepresented information - PLEASE HELP

    Dear Forum Members - I've been on this forum for a while, a great deal of valuable inform here. thanks.

    PLEASE HELP ME

    I purchased an advertised 2012 Nissan GT-R from a dealership in JHB, I am from Durban.
    Took delivery of the vehicle on the 3rd September 2017. On the eve of the 3rd September, I started hearing a loud rattle from the car, which I reported immediately via whatup to the salesman. He came back to me on the 4th September and confirmed the rattle was a normal issue associated with the type of car. I understood this. I also reported on the same day (4th September) that when the car down shifted, it made a “cluck” noise.

    On the 6th September the car was unable to engage 1st gear and reverse. I reported this fault immediately to the salesman –i emailed the dealership informing them of such, who notified me that the Director was overseas, and had to wait till he was back in South Africa. I subsequently sent- via whatup- the salesman pictures and a video clip of the fault on the 9th September , which was reading as an engine and transmission failure on the dashboard. I managed to get the car towed to a repairer on the 11th September. the repairer confirmed it to be a gearbox fault. After evaluating the car, the repairer called me to confirm the vehicle year model, to which I responded was a 2012. The repairer disputed this and confirmed that the car was actually a 2010 model and not a 2012. The year model of 2010 was confirmed with the dealer principle of Nissan Hatfield too.

    My intentions was to purchase a 2012 model and never a 2010 model, as the 2012 model was the model I was searching for. The 2012 model has many changes when compared to the 2010 model, which includes – engine output power, transmission and other interior and exterior cosmetics. If I knew the vehicle was a 2010 model, I would never of purchased it. I was mis-lead by the dealership into purchasing this 2010 model as a 2012 model. Especially the price what I paid is far too expensive for a 2010 model. This vehicle is not what I intended to purchase, and would never of got into this deal if I had the full facts. I was unaware of the cosmetic differences between the models, as this is a rare car, but only knew of the horse power difference. There was no way I would of known the differences, until it was pointed out to me. even their pictures from their advert on auto trader highlighted the horse power of 530HP per the advert. This HP is the power of the 2012 model and not the model I purchased. The horse power of the model I have in my position is 480HP – clearly is the HP of a 2010 model. Clear mis-representation of the vehicle. The 2012 model has an updated transmission, interior and exterior cosmetics too. The bugs that was displayed on the previous models were fixed in the 2012 model – Hence I only wanted the 2012 and not the 2010.

    I communicated with the dealership owner, who was still persistent concerning the model, who did not want to entertain my query. After a call to him on the 12th September 2012 , I literally pleaded my case, to which he responded:
    He will take back the car only if I got the above described gear issue sorted, all at my expense. This gear issue was reported to the dealership 3 days after I fetched the car. The dealership owner says that the issue wasn’t there at time of delivery. This isn’t a normal wear and tear issue, but rather a very serious defect on the car. The cost to report this fault is in the region of around R 40 000.00. The dealer then asked me for time to think about it on the 13th September. On the 14th September 2017 – he changed his story, and said that he will only repair the car, but not refund it. I debated my stance with him an length, to no avail. He had deliberately changed his story.

    do i have a case here considering that i would off never purchased this car if i knew it was a 2010 spec and not a 2012 spec. what does the CPA say about this too.
    PLEASE HELP.

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    There needs to be some separation of the issues, methinks.

    On the breakdown - Given that you purchased the car from a dealership, what were the conditions of sale? Normally there is some sort of limited warranty.

    On the model issue - I suggest a sworn affidavit from an expert would prove most useful. Before calling it fraud though, one possibility is that it is an older model but the paperwork reflects the first year of registration to be 2012. Still means the product isn't as advertised though.

    Given the value involved, personally I wouldn't put up with too much tap dancing from the dealership before calling in a lawyer.

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    HI Dave A - thanks for the response.

    on the breakdown issue - yes was purchased from a dealership. i too have researched the 6 month warranty as per the cpa.
    on the year model - i have on email the dealer principle from nissan hatfield, explaining that this is a 2010 spec.
    the biggest issue here is "would i have purchased the vehicle if i was made aware of this registration date vs model / spec ", answer is no
    the dealership has taken down their auto trader ad now, but i screen prints and videos of the ad confirming how they used the 2012 power output to sell a 2010 spec - which is clear different.

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