Latent Defects and Misrepresentation of vehicle

I have purchased a vehicle from McCarthy VW Durban on the 31/08/2017. Upon the pre-delivery of the vehicle, there were many faults picked up which was brought to the dealers attention.

The dealer was given the go ahead to prepare the car for delivery on the 24/08/2017 and set for delivery for the 28/08/2017. The process was lengthy due to the sales person, Deepak, lying about the following:

• The vehicle was busy with an 80 point check but as per the sheet the check was done 07/08/2016.

• The vehicle seat was repaired over a period of 4 days but I was told by the salesperson it was done on Friday 25/08/2017.

• The wind noise that was picked up on the test drive 30/08/2017 was not attended to as per the sales person it was done

• The spare key for the vehicle was promised as it was with the manager but the salesman ordered a new key on the 11/09/2017.

• Front bumper had been resprayed which I pointed out to the salesman the paint was bubbling.

• Seatbelt perished, as per salesperson COR passed the car.

On the 31/08/2017 when I took delivery of the vehicle, I picked up a noise from the front left hand side of the vehicle and numerous other faults were picked up. On the 04/09/2017 I called the salesperson and advise him that the vehicle has the following faults:

• The noise from the left hand side of the vehicle.

• The wind noise from the driver side.

• The Aircon and setup button was jamming.

• The front electric windows was not working as per the manual.

• Wiper blades perished. . Vehicle pulls to the left.

The vehicle was picked up on the 06/09/2017 and taken to the dealership. The vehicle was kept with the deal and I received a call from the salesperson at 16:15PM stating the following:

• A tyre test has been done and there no fault on the tyre.

• The wheel bearing has been checked and there no fault on the wheel bearing.

As per the salesman, the dealer would have to get into contact with VWSA to have a technician sent out to them to found the fault on the vehicle. At the time of this being the response I received, I told the salesman please keep my trade-in vehicle aside as I will like to return the vehicle I purchase and take back my vehicle. As per the salesman request he said he would take the vehicle for it to be checked, on the 07/09/2017 the vehicle was picked up and taken back to the dealer. From the 07/09/2017 to the 11/09/2017, I followed up with the dealer and the salesman advised it was a tyre noise and the tyre had been changed. At 16:30PM I went to the dealer and spoke to Deepak and the acting manager Zak Sayed, and advised them I’m not happy to take the vehicle due to the fault not been detected and from the fault not being the tyre to the tyre being changed. We had come to an agreement that the dealer was to find me a new vehicle/swop out vehicle or cancel the deal completely.

As per the acting manager Zak Sayed, he instructed the salesman to meet with the Dealer Principal, Shawn Stevens, who had to rush off for a meeting in Johannesburg and informed the salesman, “to not leave the client without wheels.” I was informed by Zak Sayed, that on the 13/09/2017 I would receive a call from Shawn Stevens advising me of the outcome but this was not done. I than contacted the salesman and he advised that he would get his DP to contact me. As per conversation with Shawn Stevens on the 13/09/2017, he would not cancel the deal due to the repairs being carried out and the vehicle was good to leave the dealership.

I did speak to him and advise him I’m not happy with the vehicle and I will like a swop out vehicle or have the deal cancelled. Shawn advised that he would not cancel the deal and if he did I would have to pay for the administration, registration and repairs carried out to the vehicle. My response to him was,” I would gladly pay for the administration and licence fee but not the repairs.”

From the 14/09/2017 to the 18/09/2017, i was told by the salesman that he was instructed to pull out the settlement letter and the deal file was lying with his management as the deal was a very intricate deal to have cancelled. As per Shawn Stevens, the deal cannot be cancelled nor can a swop out vehicle be considered. The vehicle was then delivered to me on the 20/09/2017. On the 22/09/2017, the vehicle went for a full technical test and paintwork was picked from front to back of the vehicle. I than took the vehicle for a full inspection to a panel beater on the 27/09/2017 who pointed out the accident damage and repairs to the vehicle. The vehicle was then returned to the dealer on the 27/09/2017 and a meeting was setup with Shawn Stevens for the 03/10/2017 due to him being ill and not at work from the 27/09/2017 to the 29/09/2017. On the 03/10/2017 we meet with Shawn Stevens and we have come to an agreement that he would find me a swop out vehicle and cannot give me a loan vehicle due to McCarthy VW being self-insured. He did state in the presence of my son, the salesman Deepak and myself, he would require 3 weeks to find a vehicle. I have been in contact with him from the 04/10/2017 till date and there nothing solid from his side. We are now nearing my second instalment and I still have no vehicle or loan vehicle. As per the CPA I have given him the opportunity to: • Repair (06/09/2017 to 20/09/2017) • Substitution of goods (27/09/2017 till current) As per the next step in the CPA, the deal should be cancelled.

In saying the above, I did not expect to receive the service I’m currently getting from the Dealer Principal of the branch. Failing to get assistance from the Dealer Principal, i than used the last resort which is the Regional Manager (Hendrik Vermaak) who has not yet rep**** to any of my emails.