TM
Themba M

1 reviews | Active since Oct 2012

11 Sept 2020, 18:14

Misrepresentation of the advert/ contract

I bought a Non runner Kia Cerato 2011 model on a non runner Auctions at Auction Operation on the 27 May 2020 which was held at Granville Roodepoort. The car have 4 defects which were mention on the Advert which were.1 Key damaged, 2 Not starting, 3 No battery, 4 Previously repaired. But after towing the car to my place I inspected the car on that weekend and discovered that the car have 2 holes underneath the engine which is the fifth defect that was not mentioned on their advert. Upon discovering these 2 holes I contacted them to inform them so that we can get a solution around this matter and I was told that the car belongs to Wesbank they are the ones who can resolve my complain. I then escalated my complain to Wesbank and their response was that they don't do refunds. I then escalated the complain to ombudsman and their response was that they wont be able to make a ruling so they referred me back to the auctioneer which Auction Operation. I then escalated the complain to South African Institute of Auctioneers and their response was that I should have inspected the car before buying it meaning I don't have any case to stand on. My take on this is that the fifth defect was not mentioned the advert meaning they Misrepresented their information to me and the public and had I went to inspect the car how would I have saw these 2 holes because they are underneath the engine meaning that this is a latent defect that could never been discovered, Unless if they knew about it and decided to mislead the public. My judgement tells that they knew about the hidden defect and if they didn't they would have tried to find an alternative round this complain to ensure that they keep me happy as their customer and I'm not a first time buyer on their Auctions. Their terms and conditions are very unfairly to Consumers because they only working on their favour but not Consumers. All I want is for them to replace me with another car or refund my money. I would be very grateful to be assisted on this matter. I can be contacted on ***

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