Purchased a second hand vehicle that looks like it was in an accident, Please help

[Tech N9ne]

Hi,

I recently purchased a Toyota Etios from a reputable dealership(cannot mention the name due to legal implications) 2 months ago and now looking at the vehicle it looks like it was in an accident. When I open the bonnet I can see some parts were re-sprayed, the boot is slightly bent on the one side. The vehicle clutch was too low and the vehicle kept switching off and when I sent it back I recorded the conversation I had with them and the prep clerk after driving the car admitted that the vehicle has an issue with the clutch and I left the vehicle there for the day, they said they fixed it which felt that way - the clutch wasn't too low anymore. apparently there was some issue with the release bearing.. few weeks later the clutch is making a squeak noise now and reading online it seems like the release bearing. I regret purchasing the vehicle now What can I do? its been 2 months now. Another issue is the service book is missing 2 services and the dealer is saying the service was done maybe Toyota forgot to stamp the book, when I call Toyota they said they don't have any record of this. Can I return the vehicle for them not declaring that the vehicle was in an accident because I told them I don't want to purchase a vehicle that was in an accident but looks like they did.

Someone please help with legal advice

 

[Magnum]

Hi,

I recently purchased a Toyota Etios from a reputable dealership(cannot mention the name due to legal implications) 2 months ago and now looking at the vehicle it looks like it was in an accident. When I open the bonnet I can see some parts were re-sprayed, the boot is slightly bent on the one side. The vehicle clutch was too low and the vehicle kept switching off and when I sent it back I recorded the conversation I had with them and the prep clerk after driving the car admitted that the vehicle has an issue with the clutch and I left the vehicle there for the day, they said they fixed it which felt that way - the clutch wasn't too low anymore. apparently there was some issue with the release bearing.. few weeks later the clutch is making a squeak noise now and reading online it seems like the release bearing. I regret purchasing the vehicle now What can I do? its been 2 months now. Another issue is the service book is missing 2 services and the dealer is saying the service was done maybe Toyota forgot to stamp the book, when I call Toyota they said they don't have any record of this. Can I return the vehicle for them not declaring that the vehicle was in an accident because I told them I don't want to purchase a vehicle that was in an accident but looks like they did.

Someone please help with legal advice

ombutsman

 

[Arthur]

Did you buy it voetstoots? That's a legal term.

If so, the problem is basically yours. The onus was on you to check it out before you bought it.

 

[LazyLion]

Could you tell it was in an accident BEFORE you bought it? Then you shouldn't have bought it.
If you only noticed it was in an accident AFTER you bought it, then you didn't inspect it well enough before you bought it.
If you asked the seller directly "was this vehicle ever in an accident?" and he said no, then you should go to the Motor Industry ombudsman...
http://www.miosa.co.za/

 

[Magnum]

Did you buy it voetstoots? That's a legal term.

If so, the problem is basically yours. The onus was on you to check it out before you bought it.

Even if Voetstoots the seller still needs to provide details on faults.

 

[Tech N9ne]

Did you buy it voetstoots? That's a legal term.

If so, the problem is basically yours. The onus was on you to check it out before you bought it.

"voetstoots is (of a sale or purchase) without guarantee or warranty; at the buyer's risk" - definition I got from Google.. The car does not have guarantee or warranty but I did not agree to buy a vehicle with faults. I actually said I don't want to buy a vehicle that was in an accident. If they acquired a vehicle that was in an accident but didn't know, are they not responsible to check the vehicle before I purchase it?

 

[web]

Now a days there is no such thing as Voetstoots, I am legally obliged to let you know of any known faults in the vehicle, I cant say I didn't know I was in an accident, if the dealer says he wasn't aware he is lying take him to ombudsmen.

 

[The Voice]

Now a days there is no such thing as Voetstoots, I am legally obliged to let you know of any known faults in the vehicle, I cant say I didn't know I was in an accident, if the dealer says he wasn't aware he is lying take him to ombudsmen.

Voetstoots is still very much active, but usually only in private sales. One is still obliged to list all known issues prior to the sale, but isn't liable for anything once the sale has been completed, as the vehicle has been purchased "as is". As long as all that's been put into writing and been signed off by the buyer, there's nothing he can do.

 

[erpdroid]

Talk to your vehicle insurance or bank if bought on loan account.

If you bought the vehicle on an as-is basis you're screwed.

 

[Hemi300c]

Talk to your vehicle insurance or bank if bought on loan account.

If you bought the vehicle on an as-is basis you're screwed.

Almost 2 years ago, nice necro.

 

[FiestaST]

lol

 

[xtm]

same situation ..I bought a car from a private guy and after few week I noticed the fault he sold it for. so I phoned him and told him that he did not mentioned this fault. but he said bah balh stories. should take it to police. I'm still sitting with that fault in vehicle

 

[TheChamp]

same situation ..I bought a car from a private guy and after few week I noticed the fault he sold it for. so I phoned him and told him that he did not mentioned this fault. but he said bah balh stories. should take it to police. I'm still sitting with that fault in vehicle

Just save yourself the trouble and fix the fault.