refusal to cancel OTP and refund deposit

<p> </p> <p>My Parents, have been engaging with JO (Johannes) the salesman where they displayed interest in a Toyota Fortuner. The advertised price was R165k and Jo advised them to pay a deposit as he had other potential buyers interested in the same vehicle so as to secure their interest. </p> <p>My parents advised Jo that they were no longer interested in the Toyota Fortuner due to a number of factors which were ultimately the deal breakers in this transaction.</p> <p>1. The agreed trade price for their vehicle was not provided to them with in writing.</p> <p>2. The amount confirmed post the initial discussion was less than what was verbally agreed too.</p> <p>3. The price on the Fortuner was also inflated by R10k on the final purchase price vs the advertised price</p> <p>4. Jo failed to explain or disclose the on the road cost to them.</p> <p>5. I would like to place on record that I am concerned by the ********* behaviour in that Jo did not fulfill his obligations by disclosing all the relevant information to them.</p> <p>6. Furthermore he coerced them into signing a partially completed OTP without a trade in price for their vehicle as well as the supporting annexures detailing the terms and conditions of the OTP as sanctioned by the NCA and CPA.</p> <p>7. The mileage on the OTP is 100 000 kms less than the actual mileage which they only saw after signing the partially completed document.</p> <p> </p> <p> </p> <p>The dealer reneged on the verbal trade price Jo initially gave them and the purchase price was inflated and Jo had the audacity to advise them that they are unable to refund them and they cannot cancel the transaction. It is evident that the dealership failed to comply with various aspects of legislation as well as their ********* conduct leaves much to be desired. In light of what is set out above, I instructed the dealer to refund them with their deposit which for the amount of R44850.00 failing which we will refer the matter to the MI Ombudsman, the NCC and I have also included Wendy Knowler – Consumer Watchdog, to investigate this matter further. I received a call from the sales manager who initially sounded like he wanted to resolve the matter amicably however he became very combative when I related the matter and he retorted that he spent money on a roadworthy already after conceding that the OTP they signed was invalid as a new OTP needed to completed with the trade price. He told me he would send me the Ombuds nr and he will state his case there. I reminded him that he initially wanted to resolve the matter amicably and we happy to walk away from this incident provided we get a full refund. He retorted that he paid for a roadworthy and he cleaned the vehicle. I told him that a roadworthy is a requirement and he cannot sell an unroadworthy vehicle and he would need to clean the car for the next customer so I don’t see the point. He clearly didn’t like being challenged and he told me to take him to the ombudsman. I want the public to know of the ************ tactics the dealership resorts to when preying on the ******** and unsuspecting public.</p>