Very Disappointed in We Buy Cars Business Practice CPA

On Friday 17 May, we looked at a number of Vehicles at We Buy Cars, Midstream. The Salesman was very helpful and patient. I eventually settled on a Discovery 4. we took it for a test drive, even the Salesman was impressed and could not understand why it had not sold faster. I asked him to look into the Vehicle and find out if there was any problems with it but was very happy so far. The Salesman came back to me and informed me that there was nothing on record of any problems with the vehicle and did not know of anything himself. I later made the purchase for my wife and supp**** the documentation required. On Sunday the 19th my wife and I arrived to collect the vehicle. The water level was a little low and the battery needed a charge, we were assured it was from standing on the sales floor for so long. We stopped off at a fuel station to top up the water and drove home. We noticed the temperature rise and stopped and refilled the water, we contacted the Salesman to inform him of the problem and got home without a problem, I did notice the water level had dropped again. On the Monday, 20 May, I contacted the salesman to ask about a way forward, he informed me that his Manager would be in contact. I had to send several reminders and was eventually contacted by another Gentleman who was following up on my Trade-in. I explained my problem and he arranged to get the Salesman's manager, Keegan to contact me. Keegan informed me that there was no warranty and that he could not help me. I asked to speak to the Branch Manager as I felt the matter could be resolved by ether repairing the vehicle or exchanging it for another. Keegan would not give me the Branch managers numbers, but did say his name was Henry. On Thursday 23 May, I was contacted by Keegan to inform me that the Branch Manager can not help me and that I can try to follow the CPA process if I so wished. I asked if Keegan would put all he had told me in writing, he took my email address and said the letter would be sent. I asked for the Branch manager's number again with no success, I asked Keegan to ask Henry to contact me again but doubt it will happen.

I must say that the gentleman who sold me the vehicle and the gentleman who assisted with the trade-in price and process were really great, it seem the Management and Business Ethics of We Buy Cars is a problem.

Very disappointed.

An interesting read: https://www.bregmans.co.za/second-hand-car-dealers-cpa/ SECOND HAND CAR DEALERS & THE CPA

Second hand car dealers and the CPA

What happens if the second-hand car that I just bought turns out to be defective?

You need to distinguish between a private sale (where you buy from someone who does not sell cars every day) and a motor dealer who sells cars in the ordinary course of business.

If you buy a car from a private seller, only the common law will assist and you can’t rely on the Consumer Protection Act (CPA) for help. The protection that you enjoy under the common law is the subject of another article. In short, when you buy something, there is an imp**** warrantee that the thing sold is free from any defects. It is, however, possible that one can contract out of this imp**** warranty by inserting a term into the contract that says that the sale is voetstoots (that you buy the goods “as is” [warts and all] and cannot rely on the imp**** right to defect-free goods and complain later if you find certain defects in the goods).

In the context of buying a second-hand car:

The CPA applies to consumers and suppliers of goods;

A consumer, is a person who has entered into a transaction with a supplier in the ordinary course of the supplier’s business, to buy a second-hand car;

A supplier is a person who supplies second-hand cars in the ordinary course of his business;

The CPA contains certain prohibited provisions that prevent a motor dealer from entering into a sale agreement with a consumer that contains provisions that: defeats the purposes and policy of the CPA; directly or indirectly waives or deprives a consumer of a right entrenched in the CPA; avoids a supplier’s duty in terms of the CPA; sets aside or overrides the effect of any provision contained in the CPA; that limits or exempts a supplier of goods or services from liability for any loss attributable to the supplier’s gross negligence.

The regulations to the CPA provides that a term that that excludes or restricts the consumer’s rights or remedies against the supplier, or limits the supplier’s obligation to honour his or her obligations, shall be presumed to be unfair and unreasonable;

The CPA contains an Imp**** Warrantee of Quality that in any transaction or agreement pertaining to the supply of goods to a consumer: There is an imp**** provision that the producer or importer, the distributor and the retailer each warrant that the car is safe and of good quality;

The imp**** warranty is in addition to any other imp**** warranty imposed by the common law or any other public regulation as well as any express warranty or condition that the consumer has in respect of the goods;

This warranty is valid for a period of six months. The six-month period is calculated from the date of delivery of the car to the consumer. During this period, the consumer may return the defective car without penalty and at the supplier’s risk and expense.

When a consumer relies upon the imp**** warranty of quality when returning the car, the consumer has the election as to whether the supplier must repair or replace the car, or whether the supplier should merely refund the consumer the price paid for the car.

If the consumer elects that the dealer must repair the car, if within three months of repair the failure or defect is not remedied or another failure or defect arises, the supplier must replace the car or refund the consumer the price paid by the consumer for the car.

The imp**** warranty entrenched in the CPA is in addition to any other imp**** warranty or condition imposed by the common law or any other public regulation, and, is in addition to any express warranty or condition given by the producer or importer, distributor or retailer.

Car dealers think that they can get out of their obligations under the CPA merely by getting the buyer to sign a contract containing a voetstoots clause. This is wrong.

The only way that dealers can get past the imp**** warranty is by advising the consumer that the car is being offered in a certain condition. The consumer must then agree to accept the goods in that particular condition. E.g. a motor dealer should explain that the beat-up Volksie is not new, point out the obvious and not-so-obvious defects and if the consumer accepts this, then the sale would be as-is.

The dealer should describe the condition of the goods in specific detail to make it clear in which condition the car is being sold. The buyer then must “expressly agree” to accept the goods. Only if the buyer “knowingly acted in a manner consistent with accepting goods in (a less than ideal) condition” would the imp**** warranty of quality fall away. Every defect must be described in the contract of sale that the buyer signs.