Disregard for the Consumer Protection Act

<p>I bought a second hand car from Honda Canal Walk, 021 ********** , on Friday 29 July. The sales person explained to me about the 5 day cooling off period in the contract I signed as we went through the sales contract. At the time he mentioned in this instance the cost of returning the vehicle is R120 which is the cost of the registration. The clause reads:</p> <p>“RETURN</p> <p>22. If I am entitled to return the vehicle to the Company within a five day cooling off period and:</p> <p>22.1. I wish to cancel the sale, then I understand that by returning it and cancelling the sale, the value of this vehicle will drop. If it is a new vehicle, the Company will then only be able to sell it as a pre-owned vehicle. If I choose to do this, I understand that:</p> <p>22.1.1. I will have to immediately pay to Company the full difference between the price I paid for the vehicle and the price at which Company will sell the vehicle to somebody else; and</p> <p>22.1.2. I will then also be liable for all the costs that Company will reasonably incur to restock the vehicle.”</p> <p> </p> <p>On Monday 1 August, 3 days later I explained to the sales manager, Jason Potgieter, I would like to return the car and get something smaller. The car is just too big for me. He said to me that Honda Canal Walk is under no obligation to take the car back. The problem he explained to me is that the sale happened in the previous month (29 July) and they will start the month of August with a loss. He also said that the Consumer Protection Act does not apply in this instance since it is a cash sale. He also said that I was under no duress to sign the contract and hence further reason why the CPA does not apply. On my statement that the salesman said I could return the vehicle, he just shook he head and repeated that the CPA does not apply in this instance.</p> <p> </p>