WeBuyCars- Complaint

I bought a car on the 23rd of August 2021 cash. 3 days later it was raining and the windscreen was leaking badly allowing water to come inside the car. A day later the car started to overheat. I did inform we buy cars and the response I got was that they can’t do anything. The car report didn’t mention anything about the leakage and the overheating, including the heater which is not working. We Buy Cars was not honest enough with the conditions of the car and I want to return the car and get my money back. The car also started to make a funny sound on the engine, I went to VW yesterday and I was told that the engine needs to be opened and the windscreen replaced. They estimated cost around R25000 to do all this of which it’s not in my budget. Email received form Yuvanne Sutton(we buy cars) Which I’m not happy at all about it states “ We regret to inform you that We Buy Cars is unable to assist with your complaint due to the following reasons: (A) Upon purchase of the vehicle you signed a Sales Agreement which states, amongst other, that: “3 You have inspected the vehicle and confirm that it is adequately suited for the purpose you intend to use it and we have not influenced you in this regard. 4 You were given enough time and opportunity to inspect the vehicle before you decided to buy it and signed this Sales Agreement. 7 We do not warrant that the components of the vehicle conform to the manufacturer’s specifications. B.1 The vehicle is sold without any warranty and we do not guarantee that the vehicle is in a mechanically good condition, good working order or free of defects. The vehicle has not been subjected to a roadworthy test and you are responsible to do a roadworthy test together with the required repairs to make the vehicle safe for use on a public road. B.2 You confirm that you were made aware of our terms and conditions in a clear and conspicuous (noticeable) manner at the entrance to our business premises. You will further have no recourse (action) against us for any latent (hidden) or patent (not hidden) defects in respect of the vehicle. 13 You confirm that apart from the clear and conspicuous (noticeable) notice you observed when entering our premises, by signing this Sales Agreement, you agree to the terms and conditions of this Sales Agreement and that these terms were explained to you.” Please refer to the attached Sales Agreement at clause 3, 4, 7, B1, B2 and 13. 1. We confirm that you were allowed and given ample opportunity to inspect and test drive the Vehicle before purchasing the Vehicle. 2. At the time of sale, the Vehicle was approximately 10 years old and had an odometer reading of 123 686 km. Taking into consideration the age and mileage of the Vehicle, it is clear that you could not expect a ‘new’ vehicle and fair wear and tear is to be expected on a vehicle with its age and mileage. 3. In light of the aforementioned, we refer you to section 49 of the Consumer Protection Act (“the CPA”), wherein the supplier, being We Buy Cars, mat notify a consumer (you) or include a provision in a consumer agreement where the supplier’s risk or liability is limited, constitute an assumption of risk or liability by the customer, impose an obligation on a consumer to indemnify the supplier, or be an acknowledgement of fact by the customer, provided: 3.1 that such provision was drawn to the consumer (our sales executive has advised and explained all our terms and conditions to you before purchase of the vehicle); 3.2 the provision is in plain language (our terms and conditions are in plain and understandable language). 3.3 the provision / notice was displayed in a conspicuous manner (we have notice boards with our terms and conditions at the entrance of our premises); 3.4 the provision was drawn to the customer prior to transacting (our sales executive has advised and explained all our terms and conditions to you before purchase of the vehicle); and 3.5 the customer was given adequate opportunity to receive and comprehend the provision (you were provided with enough time and opportunity to read and understand our terms and conditions). In the event that you are not satisfied with the outcome above, we refer you to lodge your complaint at the Motor Industry Ombudsman of South Africa by visiting www.miosa.co.za. We Buy Cars Customer Care”