JoburgGirl

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May 25, 2017
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5
So.... a couple of days ago I purchased a car from a "reputable" dealership. I drove away confident i had found a good deal. I adjusted my rear view mirror and the entire thing fell off,and to add to it a loud and hard knock appeared from under the car so i took it to a mechanic to check.. the entire suspension, cvs and front shocks had like 2% life left in them. I returned to the dealership after them having a hissy fit they sent it off to their mac which confirmed the damage ( hazardous defects) so they agreed to replace all the concerned parts as well as re-fit the mirror and i agreed to pay in a bit towards damage that may have been "ware and tare". Long story short, I have been up and down and have spent multiple days without a car, car has come back with more problems , dents, scratches and baaaaadly scratched mags!!!.
I collect the car today..... " everything has been done, it's perfect" they say..., the suspension is fine but I have lovely disco headlights and mags that look as if they have been dragged through a mine field........... I finally receive all the papers and guess what... my 2006 audi is actually a 2005 :mad::mad::mad::mad: ... I have already had my last nerve with these pr!ck$.... now what do I do???? :mad::mad::mad: just for just,The car was bought as a "trade deal" as i did not have 5K:wtf: to spend on roadworthy, change of ownership etc.
......What do I do???? am i correct in saying their advert, contract etc is misrepresentation, misleading, false advertising and potentially fraud?????
 
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midkemia

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May 31, 2006
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under CPA you have a "cooloff period". USE IT!! dont wait around, you have 7 or 10 days cooloff period to get "cold feet" about your purchase.

If dealership doesnt help go to motor ombudsman and CPA ASAP
 

airborne

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Horrible situation to be in but I'm assuming you didn't check the car properly or have it looked over by someone who can before buying it?

Mechanical issues are one thing but you've also mentioned quite a few obvious cosmetic issues that you yourself can see but it's too late for complaining about that after the fact, you properly dropped the ball with this purchase.

That being said the dealer saw you coming and took advantage of that fact, ie lack of automotive know how and tried to fob off his yard jalopy, no wonder he agreed to not supply it with roadworthy.

I'd try exit the deal asap, it's probably going to give never ending issues. How much was the vehicle purchased for because despite the year being wrong you may need a lawyer's letter or 3 to wiggle your way out of the deal.
 

f2wohf

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under CPA you have a "cooloff period". USE IT!! dont wait around, you have 7 or 10 days cooloff period to get "cold feet" about your purchase.

If dealership doesnt help go to motor ombudsman and CPA ASAP

The cooling off period only applies to direct marketing I.e. If you are cold called or buy on a sollicitation of the seller.

If you walk in a dealership to enquire about the car, it doesn't apply. It's 5 business days by the way.

https://www.legalex.co.za/articles/cooling-periods-south-african-law

Though the seller is supposed to sell you what you asked for, a 2006 car in this case. Do you have any paper where it mentions 2006 ?
 

JoburgGirl

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May 25, 2017
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I did check the car properly, I don't think its common when purchasing a car to tug on the mirror , test drive and my inspection of the car it was in very good nic. I had absolutely no way of telling that the entire suspension was shot, also the damages i listed besides the mirror and suspension were not present on purchase of the vehicle, only when it had come back from their mechanic. this is my argument, maybe i wasn't clear in my initial post. I paid 90K
 

StrontiumDog

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What date was the car first registered? VIN number could still make it a 2006 model even if registered in 2005, if i am not mistaken.
 

JoburgGirl

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May 25, 2017
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I have screen shots of the advert on their website as well as the purchase agreement where it says the car is a 2006
 

JoburgGirl

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May 25, 2017
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I thought the same thing but i think that only applies if the car is dec 2005 and registered in Jan 2006... anyway I don't think so in this case, the car was purchased and registered in May 2005
 

f2wohf

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I have screen shots of the advert on their website as well as the purchase agreement where it says the car is a 2006

That should be enough to cancel the sale.

Write a strong worded email or letter to the dealer principal (look a bit on internet about the obligations of a professional seller, being truthful...) and say that they have lied to you in addition of damaging the car and that should they not refund you, you will pursue all legal venues available.

Wait for their answer and if no, lawyer.
 

JoburgGirl

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May 25, 2017
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That should be enough to cancel the sale.

Write a strong worded email or letter to the dealer principal (look a bit on internet about the obligations of a professional seller, being truthful...) and say that they have lied to you in addition of damaging the car and that should they not refund you, you will pursue all legal venues available.

Wait for their answer and if no, lawyer.

Thank you, I thought as much... this is just the first time I have experienced this so i was not sure... THANK YOU!!!!!
 

DominionZA

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What date was the car first registered? VIN number could still make it a 2006 model even if registered in 2005, if i am not mistaken.
Think so. Purchased a 2005 A6 years ago, and turned out it was a 2006. Registered Dec 2005.

Exact opposite of this thread it seems...
 

Afon Kulikov

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These things happen, when I bought my motorcycle in December 2010 it was registered by the dealer as a 2011 model.
Sometimes it depends when the vehicle was purchased or registered by the dealer
 

bwana

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These things happen, when I bought my motorcycle in December 2010 it was registered by the dealer as a 2011 model.
Sometimes it depends when the vehicle was purchased or registered by the dealer

She said the car was registered in 2005.
 

Tman*

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Sorry about your misfortune.

Out of a practicality side of things, if you admit that you didnt even have R5000 for the roadworthy etc, Im not sure going the legal route will be in your best interest?

Dodgy 2nd hand car dealerships know all the dirty tricks in the book, and if they are reluctant to take your car back it can cost you quite a bit of money to convince them otherwise.
 

Magandroid

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And that is why it is worth spending the R500 or so for an AA inspection before signing any contract, even if the car is bought from a "reputable dealer with their 60 point inspections". You get the report from the AA and not the dealer, so should there be any issues, you can pull out of the deal or negotiate a better deal.
 

Eti1

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And that is why it is worth spending the R500 or so for an AA inspection before signing any contract, even if the car is bought from a "reputable dealer with their 60 point inspections". You get the report from the AA and not the dealer, so should there be any issues, you can pull out of the deal or negotiate a better deal.
Especially if it's a 10 year old Audi :wtf:
 

ProfA

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This type of **** is why you should have some sort of legal insurance from Clientele, Scorpion or legal wise.
 

saturnz

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did you test drive the car before purchasing?

the issues you mentioned would have been easy to see at the time if the car was in the state you mention
 
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