Question posted in the Consumer Protection Law category relating to Gauteng
I purchased a Ford Fiesta Titanium (used) at the end of 2021 from a Mazda dealership, with the listing and the purchase agreement explicitly stating it was a 2020 model. The purchase agreement is still binding as I'm still paying installments.
Recently, when booking a service at a Ford service centre, I was surprised when I received confirmation of my booking that the car was listed as a 2019 model. I contacted Ford for clarification, and they confirmed that the vehicle is indeed a 2019 model, contrary to what was specified in the agreement. Upon researching, I found that the 2019 model is approximately R30,000 less in value compared to the 2020 model. Factoring in this price discrepancy, along with additional interest and the likely reduced resale value, I stand to incur a significant financial loss.
What options do I have? Is there any recourse or claim I can pursue in this situation?
Message from the Attorney
Hi there and thank you for your question,
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Just to clarify, is Ford saying that the car is a 2019 model, or is Ford saying that the first time that the car was registered and licenced was in 2019?
On your registration papers, is there a section which records the first time that your car was registered and licenced?
Message from the Customer
I clarified this with Ford, the car is a 2019 model and the warranty for the car started in 2019. I think the registration may have also been in 2019, as per the tax invoice I received from Ford which has the vehicle details.
Message from the Attorney
So then it would be called a "2019 Ford" because that's the year that it was first registered.
I just wanted to ensure that you knew that you could buy a Ford in October 2019 (for example) and drive it on temp plates for 2 months and then apply to register it on 1 January 2020, and it would then TECHNICALLY be a 2020 Ford, because that's the first year that it was registered.
But if you understand this, that's great.
So in my opinion you would have a claim against the seller for a misrepresentation. The misrepresentation was in relation to the year of the Ford, and (like you say) it impacted the price that you were willing to pay for the vehicle. You paid an extra R30k because they misrepresented the year of the car to you.
Your claim would then be for a reduction of the purchase price... not cancellation of the contract.
Message from the Attorney
The thing is that you would only have 3 years (to the day) to institute legal proceedings against the seller, if you can't reach a settlement with the seller. You said that you bought the car "at the end of 2021", which is now 3 years ago.
You need to check your invoice date, because if you bought the car more than 3 years ago, your claim might very well have prescribed - which means that it is no longer enforceable.
If you bought the car less than 3 years ago, your claim wouldn't have prescribed ... but it might be able to prescribe any day now.