Vehicle sold to another party after an OTP was signed and a deposit paid

On 26 March 2021, my daughter signed an OTP on a used vehicle which was advertised on Autotrader at the Mazda Nelspruit dealership. This was brought about by the sales person (Roechell Ferreira) insisting that there was much interest in the vehicle. A negotiated holding deposit was also paid. Due to the vehicle being exactly what we were looking for, and being for sale at a price below the market asking price, we were willing to drive to Nelspruit last Saturday (we are located in Pretoria) to view the car and make a final decision (bearing in mind there were no good quality photographs available, either online or from the dealership). At the last minute, we were advised that the vehicle had been sent to a panel beater to have a small scratch on the front bumper repaired, and that it would be back at the dealership this past Tuesday. The sales person offered to have the car driven up to Pretoria for us to view on Wednesday. We cancelled our plans to drive to Nelspruit and anticipated seeing the car. On Monday, the sales person called to say the car would only be back from the panel beater on Wednesday, and that it would not be possible to get it to Pretoria. We accepted this and made plans to drive down to Nelspruit this Saturday (cancelling our long weekend plans to accommodate this). On Tuesday, we were advised that another buyer had paid the full price on Monday and the car was sold.

We find it extremely upsetting to be subjected to such unprofessional and improper conduct. At no time were we advised that another buyer was involved. Had we been informed, we would of driven to Nelspruit on Monday morning to view the car (either at the dealership or the panel beater – had this story turned out to be true) and pay the full asking price (we are cash buyers). We find it highly unlikely that the car would have been purchased sight unseen by another buyer (as it was supposedly at a panel beater) had this buyer known it was having damage repaired. I am still awaiting a call from the dealer principal, who I was repeatedly advised by the sales person that messages had been sent requesting I be contacted ASAP (I myself obtained the sales manager’s number and spoke to him (Charl van Dyk) on Tuesday evening – the only feedback being that it is a “first come, first served” system operated by the sales team).

Therefore, we ask ourselves:

- Was the vehicle incorrectly priced and an excuse made up to withdraw it from the market and re-advertise at a market related price? Taking into account age, specification, mileage etc., the average market price for the vehicle should be in the R 210 000 – 225 000 range. - Was the vehicle sold to the trade through insider trading within the dealership after it was realised the pricing was too low to be sold publicly? - Did the vehicle even go to a panel beater?