Defective 2023 Audi S3 – Undisclosed engine repairs & oil leak – Refund refused (CPA s55/s56)

I purchased a used 2023 Audi S3 (VIN WAUZZZGY4PA037826) from BMW SMG Umhlanga on 13 May 2026 for R699,900 (financed through WesBank, with a R50,530 deposit). Before purchase I asked about the vehicle’s condition and was told in writing that it had “no issues to speak of”.

Within days of collecting the car in Durban and driving it to Boksburg, it displayed a low‑oil warning. I initially topped up the oil myself. On Audi Centre Boksburg’s inspection, the sump was found to be dented and leaking oil – a defect not disclosed by BMW SMG.

After I notified BMW SMG, they called the issue “alleged” and requested an Audi report. On 13 August 2026, Audi Centre Boksburg issued a formal PDF report, signed by a manager, confirming:

a dented, leaking sump; and

prior unauthorised engine repairs that were poorly executed and contributed to the oil leak.

This signed report was sent directly to BMW SMG (specifically to Mr Jessi Joyce, Sales Manager) and I also forwarded it. Their response was dismissive, suggesting the report was “just an email which anyone can write”.

I invoked sections 55 and 56 of the Consumer Protection Act (CPA), elected to return the vehicle and cancel the transaction, and demanded a full refund of R699,900 plus registration fees (±R7,500). I made the vehicle available for collection at my Boksburg address at their risk and expense. BMW SMG acknowledged my complaint but stated they were “not in a position to accept cancellation and refund” and have not arranged collection.

The vehicle has material defects that existed at or before sale, were not disclosed, and render it unsafe and unsuitable. BMW SMG is refusing to honour my CPA election despite a signed Audi report.

What I want:

Cancellation of the sale under CPA s56;

Full refund of R699,900 + registration fees (±R7,500);

BMW SMG to arrange and pay for collection of the vehicle from Boksburg.

I have already lodged a complaint with MIOSA and notified WesBank. I am prepared to escalate to the National Consumer Commission and, if necessary, the High Court.