Webuycars THINKS THEY ARE ABOVE THE LAW.

Hi WBC representative Firstly, this matter cannot be finalized as yet as I am still awaiting a response to my mail from your Branch Manager (Henry Harber). Secondly, I did not ask for you to repair the vehicle. As a consumer I have a right to decide as to which resolution I would prefer and if you had read my initial complaint properly you would know of my preferred resolution. TO THOSE POSSIBLY FOLLOWING THIS COMPLAINT: Please see below the correspondence received from WBC as well as my response, in which I have informed WBC that I have the evidence of how WBC has provided a misrepresentation of the vehicle on the day it was sold. The string of correspondence starts with my response to WBC's mail sent to me. "Hi Henry Thanks for your feedback. I would like to draw your attention to an extract from another complaint against Webuycars on Hellopeter, in which the matter was resolved in favour of the buyer. This directly refers to the Consumer Protect Act with relation your "voetstoots" or "as is" contract terms. Once you've gone through the extract below, please see my response further below in red. "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." Furthermore, I have the voice note and screenshots of the Whatsapp conversation in which your salesman misrepresents the vehicle as being in the following condition: - The engine was running well and just needed a clean - The driver’s side window switch needed to be tightened back into place but is not broken - Gears were tested and are 100%. - Engine Mountings and AC were tested & good - “and that’s basically it” according to the Mr. Watkins. I am really trying to be understanding and forbearing but the negligence lack of ethics on WBC's part is downright offensive as a consumer. Lastly, please ensure that all correspondence pertaining to this matter is in English, its very unprofessional to send through information to a client when not in their preferred language. Kind Regards Pawan Maharaj ********** On Fri, Jan 25, 2019 at 12:35 PM Henry Harber wrote: Good morning Mr. Maharaj. Thank you for your very detailed complaint as stipulated on Hello Peter and for bringing the matter to my attention. I’m very sorry to hear that your vehicle is giving you some problems. I have investigated the matter and found the following details related to your transaction and complaint. Please find attached documentation stipulating the terms and conditions that you agreed to before and after the purchase of your vehicle form We Buy Cars. The first point that is clear as per the documentation is that you bought the vehicle on our Buy Now Silent Auction terms and conditions. Something that you were made aware of before the vehicle was invoiced to you as per the Silent Auction Offer to Purchase Form that you completed and signed. After invoicing of the vehicle you also had the opportunity to read the terms of Sale as stipulated on the back of the invoice. You signed these terms before taking delivery of your vehicle. The fact that you signed these documents indicates to me that you understood and found these terms acceptable. All the documentation was done only after you were afforded the opportunity to inspect and test the vehicle. Mr.Maharaj Response: This is inaccurate and not a true description of how the process was carried out. In hind sight it is now clear that the actual process was quite conniving. The first document presented by the Salesman to my father was the Buyers Registration form. Once complete by my father, the salesman had taken the form and relevant ID documents from my father and went off to process the purchase. After an hour or so the salesman had returned and presented my father with an invoice and a few accompanying documents which were filled in already but needed to be signed. The salesman, in a very rushed manner, had asked my father to sign/initial in the relevant places and then he was off again. There was no explaining of the terms prior to the signing. This can easily be proven by looking at the documents you've sent through. You will notice, on the documents which came after the Buyers Registration Form, that most of the handwriting is that of your salesman Inus Watkins. The only handwriting which is my fathers can be seen in the places where a full name, signature or initial is required. If we really need to investigate, you can easily make out by the placement/direction of handwriting that the pages were being handled by another person as the placement/direction of the signature/handwriting is unusual. Stating these fact serves to indicate that during the whole process we have been nothing but open about our rules and regulations and you were very happy to purchase this vehicle as per our terms and conditions._Inaccurate again"

Apologies for the previous msg being one very long paragraph.

To all following this review and the detailed resolution process regarding my dispute with Webuycars; I would like to inform you that even after stating that I have proof in the form of a voice note and Whatsapp screenshots of the Webuycars salesman's misrepresentation of the vehicles condition, I still have been instructed by Mr. Henry Harber to take this matter up with the Motor Industry Ombudsman of South Africa. There was not even a request for the information. This is the after sale service which Webuycars offers to its customers even in a situation as evidently unfair as this. There is total a disregard for the inconvenience they cause you and furthermore the possible financial implications it may have on your family and business in the time it takes to resolve the matter this way. I will be lodging my complaint with MIOSA and will revert regarding the final decision ruled by the MIOSA.