Dealership misrepresented vehicle specs - Mis-leading advert made me purchase. Gearbox broke after 3 days

PLEASE READ TO THE END - DEFINITELY WILL BENEFIT YOU AND PASS ONTO OTHERS

I purchased an advertised 2012 Nissan GT-R from a dealership in JHB, I am from Durban. Took delivery of the vehicle on the 3rd September 2017. On the eve of the 3rd September, I started hearing a loud rattle from the car, which I reported immediately via whatup to the salesman. **all whatups messages are available on request. He came back to me on the 4th September and confirmed the rattle was a normal issue associated with the type of car. I understood this. I also reported on the same day (4th September) that when the car down shifted, it made a “cluck” noise. this was also reported as normal

On the 6th September the car was unable to engage 1st gear and reverse. I reported this fault immediately to the salesman – , who notified me that his Director was overseas, and had to wait till he was back in South Africa. I subsequently sent- via whatup- the salesman pictures and a video clip of the fault on the 9th September , which was reading as an engine and transmission failure on the dashboard. I managed to get the car towed to a repairer on the 11th September. After evaluating the car, the repairer called me to confirm the vehicle year model, to which I responded was a 2012. The repairer disputed this and confirmed that the car was actually a 2010 spec and not a 2012. The year model of 2010 was confirmed with the dealer principle of Nissan Hatfield too on email.

My intentions was to purchase a 2012 model and never a 2010 model, as the 2012 model was the model I was searching for over 12 months. The 2012 model has many changes when compared to the 2010 model, which includes – engine output power, transmission . If I knew the vehicle was a 2010 model, I would never of purchased it. I was mis-lead by the dealership into purchasing this 2010 model as a 2012 model. Especially the price what I paid is far too expensive for a 2010 model. This vehicle is not what I intended to purchase, and would never of got into this deal if I had the full facts. I was unaware of the cosmetic differences between the models, as this is a rare car, but only knew of the horse power difference based on year specs. There was no way I would of known the differences, until it was pointed out to me. Their advert on auto trader which indicated the horse power of 530HP was for a genuine 2012 spec and not the spec I purchased . This HP is the power of the 2012 model and not the model I purchased. The horse power of the model I have in my position is 480HP – clearly is the HP of a 2010 model. Clear mis-representation of the vehicle, as I went on the trustfulness of the advert to compare back to the model and the model I wanted to purchase. The bugs that was displayed on the previous models were fixed in the 2012 model – Hence I only wanted the 2012 and not the 2010.

I communicated with the dealership owner, Harry, who was still persistent concerning the model, who did not want to entertain my query. After a call to him on the 12th September 2012 , I literally pleaded my case, to which he responded: He will take back the car only if I got the above described gear issue sorted, all at my expense. This gear issue was reported to the dealership 3 days after I fetched the car. The dealership owner says that the issue wasn’t there at time of delivery, and has come up with all sorts of excuses to state the fault wasn't there when i fetched the car. i tried to explain "latent" defect to him, which he didn't want to understand. This isn’t a normal wear and tear issue, but rather a very serious defect on the car, its the "gearbox" The cost to report this fault is in the region of around R 40 000.00. The dealer then asked me for time to think about it on the 13th September. On the 14th September 2017 – he changed his story, and said that he will only repair the car under condition that I get the car to JHB to his workshop, this is clearly unreasonable and unfair for me, especially since I am in Durban, but not refund it. The dealer is clearly trying to deter me by offering to repair the vehicle, but in JHB. it would cost me a lot of money to hire a flat bed to transport the car to JHB from Durban. I debated my stance with him an length, to no avail. He had deliberately changed his story, and when asked why he did this, he said "he decided changed his mind" - i left him with the comments that "God is watching how he is treating be unfairly"

The dealership owner - Harry has tried to prove that he is merely in the business of buying and selling cars, and he didn't know of this. But he is the same person that mentioned he is in the business for over 30 years owning many car dealerships, surely he understands what he is selling then???? But the main concern here is that I am his customer, and according to South African law, am entitled to fair and honest dealing from the seller, what I am trying to explain to Harry is that I -as per CPA am entitled to fair, and reasonable treatment, and that even Primo must be responsible for the mis-leading information on the auto trader advert, as i know they will come back and state it was a 3rd party that does the adverts for them. The CPA no 68 of 2008 , part F, point 41 deals with this type of mis-leading and deceptive representation concerning a material fact to a customer, was I mis-lead by the horse power of another model - yes i was. The dealership has subsequently deleted the advert on auto trader, but i have screen prints and a video of the advert should it be needed. a simple thanks you for informing us about the error isn't fixing a lemon that i purchased.

I want this deal cancelled as I would never of purchased this vehicle if I knew the correct facts about it. As per the CPA, I am exercising my lawful right to return this vehicle. The question is: would I have purchased this vehicle knowing it was actually a 2010 spec, and not a 2012 spec as advertised and sold? NO I would never. Concerning the repair needed, I made the dealer aware of potential issues from the very first day that I purchased it. Here again, I want to exercise my right as a law abiding citizen in South Africa to return this vehicle in this current state, as the 6 month dealer warranty per the CPA covers this - this is a gearbox issue, it is a defect, not a wear and tear issue.

This ordeal has negatively affected my work and family life. The dealer must refund the vehicle, settle MFC the amount per finance arrangement and pay back my full deposit. I will agree to pay the dealer a reasonable KM travelled while in my possession, none else. I want to be put back into the state I was previously before I engaged this deal. Further to this ordeal, I did send an email to the dealer on the 29th August 2017 to state that I will not be interested in the vehicle any longer, the dealer was persistence in calling me and finally under pressure I decided to take this car.

Please share this, as people with money often want to exploit other people, as this dealership owner - Harry- said to me "you can go legal, i don't care, you will loose, but it will cost you a lot of money" to them its just another day at work, but to consumers like us, it affects our lives.