LR
Lusinda R

1 reviews | Active since Oct 2010

06 Feb 2020, 09:45

MFC complaint

On the 10th of June 2019, i have purchased a vehicle from MFC Auction house in Gauteng. I was happy with my purchase until i went to Register the car and found out that it was a panel van and not a passenger car as stipulated on the catalogue. I have since explored all avenues to try and change it to a passenger vehicle but to no avail. I feel that MFC Auction House was not honest when they advertised the car, and that they have misled me. They only problems they noted is that it had 1 x key and a cracked windscreen. I went back to the paper I received with the car and i find the vehicle inspection report -taped at the back of another report stating the following damages: Rear fender Right Dented Grill broken Rear bumper damaged Rear fender left damaged Belly plates damaged Engine Water leak Radiator damaged Dim light left defective Dim light right defective Brake disc 1. Axle left worn Brake disc 1. Axle right worn Steering noisy Clutch Operation Shudder Seat front Right Worn CPA: Section 41 (1) prohibits a supplier from directly or indirectly expressing of implying a false, misleading or deceptive representation concerning a material fact to a consumer. Even a failure to correct an apparent misapprehension on the part of a consumer may amount to a false, misleading or deceptive representation. A contravention of the section could lead a court to make an order to money or property to the consumer or to compensate the consumer for losses or expenses suffered or incurred, in terms of section 52(3). Section 41 is reinforced by regulation 24(m), which prohibits an auctioneer from knowingly misrepresenting the value, composition, structure, character or quality or manufacture of the goods put up for sale at an auction. Section 115 (2) provides in a roundabout way that a person who has suffered loss or damage as a result of prohibited conduct may institute a claim in civil court after obtaining a certificate from the Tribunal to the effect that the conduct complained of was prohibited or required by the CPA. A supplier may also, in terms of section 112(1), have an administrative fine imposed upon it by the Tribunal in respect of prohibited or required conduct. The purchaser may institute the actio empti where there is either an express or tacit warranty given in terms of the agreement. Other grounds for institution include the warranty by the seller of the presence of good or the absence of bad characteristics in the thing sold; where the seller concealed the defect.13 In van der Merwe v Meades 1991 2 SA 1 (A) 3 the court held that the purchaser had to prove that the seller was aware of the existence of a latent defect at time of conclusion of the contract and concealed it dolo malo (with the intention to de*****). The purchaser will in these instances be entitled to use the actio empti even if a voetstoots clause is present.

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