Question posted in the Consumer Protection Law category relating to Western Cape
I am a pensioner that received a small lump sum after retirement. I shopped online (I did not own a vehicle to travel) for a vehicle below R70 000 that I could buy cash. I saw an advert for a 2006 Opel Astra for R65 000 at Wheeltraders in Parow and the advert stated that the vehicle was in good condition with a full service record. I contacted the dealership and the salesperson assured me that the vehicle was mechanically and otherwise in very good condition and that the vehicle comes with a RWC. I transferred the R65 000 and travelled by bus to Parow to collect the vehicle. I took delivery and within 5 km I realised that the aircon had no gas, the gear lever knob disintegrated in my hand, the button of the driver side window master control unit was completely broken, the engine started to rattle loudly and two warning lights for engine malfunction appeared on the instrument cluster. When arrived home I parked in my garage and saw oil dripping from the engine onto the garage floor. I also saw that the two black strips on the roof was broken and rusted. I contacted the dealership on the same day of delivery, 3 November 2020, but until today I had no response to my request to return the vehicle and to be refunded. Do I stand a chance to be refunded? I do not use the vehicle (cannot use the vehicle) and it is parked in my garage. According to our local service centre it will cost thousands to repair the vehicle. I have confirmed that the vehicle indeed has a RWC. How it managed to pass the roadworthy test is beyond me. Regards. Hendrik Botes.
Answer to the Question
I see that you haven't made a payment for the question, but I'm going to assist you a little. If you want to ask a follow-up question, please make the required payment.
There is a very good chance that you could set aside the transaction based on fraudulent misrepresentation - but this means that YOU will need to be the one to go to court to fight about it.
OR, what you could do is to file a complaint with The Motor Industry Ombudsman of South Africa and ask them to investigate the complaint.
Please remember this is a dialog if you have follow-up questions please make the required payment, then use the REPLY button and ask your further question. I would like to continue assisting you, but I need to concentrate on people who make payments for their questions.