WeBuyCars Midstrean non-compliant with CPA regulations.

My husband and I purchased a 2008 Mini Cooper Hardtop from WeBuyCars Midstream on the 20/06/2019. The papers were mistakenly sent to Cape Town and we were told that it should take a few days for them to get it to us, and they would send it to us via courier as we live in Polokwane. After numerous calls and emails to the salesman Rudi Nel, we received the papers on 17 July 2019. At the very same time the papers arrived my husband was en route to OR Thambo Airport when the water pipe burst about 60kms outside of Polokwane. The vehicle had to be towed back to Polokwane and was taken to Synchro Motors. The cost originally of the vehicle was ZAR76 000. To repair the water pipe cost R2922. We also asked that the vehicle be serviced as we received the vehicle with no service history or a manual. The cost to service the vehicle was R4300 because it needed new spark plugs, an air filter and a gasket tappet cover. We asked them to leave the spark plugs and gasket tappet cover as the items were not urgent. After doing diagnostics after repairing the water pipe the car was running fine. The service was completed on Monday 29 July 2019 but I opted to fetch it the next day. When I got there I was told the water pump was faulty and leaking water. The additional costs for the water pump was another R3500. We opted to let the vehicle stand as we do not have the additional R3500 to repair the water pump as well. I contacted Rudi Nel on the 18th July to inform him of the problems we had with the vehicle and he told me he would take it up with his manager. His manager, Kiran Gangaram, only contacted me on 23 July and told me they were not responsible for any faults on the vehicle. After reading a review from another buyer who also bought his vehicle at Midstream and had the same problems, he specified the rules and conditions that WeBuyCars are supposed to adhere to according to the CPA and it reads as follows : 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. WeBuyCars claims to sell quality cars but how can they sell quality cars when they have not been fully checked of defects or even pulled a service record for their vehicles. I also need to pay the towing costs to get the vehicle back to Polokwane.