On the 8 April 2021 we purchased a secon...

Asked by Vikashani on 28-04-2021 15:56:32
Question posted in the Consumer Protection Law category relating to KwaZulu-Natal

On the 8 April 2021 we purchased a second hand  Ford Ranger double cab from a reputable dealership. We had found the vehicle online and the dealership was situated +-300kms away in another town. The cost of the vehicle was R269000.00 and our finance was approved through Wesbank (and included an extended warranty plan). We travelled to the dealership (at our own expense) and picked up the vehicle and brought it back (again at our own cost). The vehicle looked in very good condition. However after a few days certain issues where picked up, the vehicle was overheating and was unable to change gears properly. We contacted the dealership and they then advised us to go to a mechanic that they had identified. We then took the vehicle to the mechanic and he said that the head gasket was blown.. however we were not happy with his opinion as he had not done any tests on the vehicle to justify his assessment. We then contacted the dealership and were requested to see another mechanic for a second opinion. we did this and the second mechanic found several faults including issues with the gearbox. The dealership now says that they are not liable for this and it must be claimed from the warranty.

Please advise

Answer to the Question

Posted by Att. Patrick on 29-04-2021 22:14:52

Hi there,

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.

Since you bought a second hand vehicle, the dealership is able to rely on the voetstoots clause in order to escape liability. You bought the vehicle "as is", "warts and all". You should have taken the vehicle for a full AA test in order to check things like this, before you bought it. But such is life.

If you can prove that the dealership knew about these issues, you can hold them liable. Otherwise, you will need to sort the issues out yourself. 

Att. Patrick 

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.

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