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How is it useless?
If I sell you a fridge, and state I'm selling it to you cheaper than it should go for because it has issues - I'm not overriding the CPA - I'm letting you know that you're buying something cheaper because it has issues, which you accept.
You would have to disclose what the issues themselves actually are...
Saying it has "issues" is not sufficient.
As far as I know private deals are exempt from the CPA?
The dealer might not know the issues ... personally - I would have walked away the minute I saw that clause.
I mean I, as a fridge dealer.
Similar thing happened to me this past weekend:
Flew up to JHB on Friday to take delivery of a Saab convertible from Suzuki Bryanston. Picked up the car on Saturday morning. Went to brunch with friends and then the car would not start - not a good way to start a 1400km road trip back to CTN.
After numerous phone calls to the dealer and the workshop manager, eventually I had to disconnect & reconnect the battery before the car would start again. So back to the dealership where I left the car for them to sort out and get to me. So it looks like whatever electronic fault they had on the car and tried to fix is still not fixed.
My mates who helped me out told me to cancel the deal right away. Called the bank this morning and a few phone calls later to the finance marketer and the dealership, deal is cancelled. I was lucky though, the bank had not yet paid the dealer, so they put a block on the payment. Dealer had no choice but to agree. If they had been paid already it could have turned out differently.
Take your car back NOW and demand a full refund and inform the bank of what happened.