Webuycars in contravention of the Consumer Protection Act

I bought a 2012 VW Tiguan 1.4 TSI from Webuycars Midstream, Centurion on 28 April 2023 for which I paid ZAR141k on auction. The sales person, Eliot , was very helpful and guided us to this car as it had no faults.

The Dekra report did not indicate the existence of these issues and this was the basis of my decision to purchase the car.

The following week, on 4/5 May 2023, the battery on the car was depleted and had to be replaced.

Sometime on the week starting on 8 May 2023, the oil pressure light emitted. Given that the car came without a manual I believed that the car needed oil, which I checked and found to be at the right level.

The car also had a rough sound like a tractor and there was some smoke coming out of the vehicle.

The same week, I then parked the car and called Webuy cars customer care and they referred me to my sales agent. It took almost two days for me to finally reach Eliot as he was not answering my calls. Eliot pulled out the old hack of having bought the car "as is" and therefore there is no comeback, and they will not do anything. I told him that his response was not satisfactory and I would take the matter further.

I took the car in for a diagnostic and got two quotes, both of which indicated that an engine strip and quote would be required. I had to tow the vehicle and incurred towing costs.

I then wrote a complaint to their complaints site. I included the quotes received . Firstly they called me and told me that Elnoleen Buthelezi was dealing with the matter. This was around the 15th May 2023 . A week later Elnoleen had not even acknowledged receipt of my complaint . When I called her on the same day, she informed me that the matter has been escalated to the manager.

Today, 12 June 2023, after complete silence, I called Elnoleen again and she gave me the same response again. I told her that I my rights under the Consumer Protection Act and that I would be going to Hello Peter if they did not uphold those rights.

Here is a summary of the CPA according to the following site: https://www.bregmans.co.za/second-hand-car-dealers-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; 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.

I would like a refund of the purchase price, costs incurred for the diagnostic as well as towing costs. Alternatively a car of the same value including the cost already incurred.