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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1195
Experience:  All areas of commercial and contract Law - specialist in property advice.
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I BOUGHT A TOYOTA HI-LUX BAKKIE D4D A 2011 MODEL WITH 5887

Customer Question

I BOUGHT A TOYOTA HI-LUX BAKKIE D4D A 2011 MODEL WITH 5887 KMS ON THE CLOCK THIS WAS PURCHASED ON 26/02/2013, FROM AN AUCOR AUCTION ,WHEN I SENT THIS BAKKIE TO TOYOTA FOR A SERVICE THEY INFORMED ME THAT THIS VEHECLE WAS IN A ACCIDENT AND POINTED OUT THERE WERE 8 PROBLEMSWITH THIS VEHECLE,THIS SERVICE WAS DONE 17/05/2013 ODO READING 10703KM I REPORTED THIS THE MATTER TO AUCOR,THEY SAID THEY REPORTED THIS ON THE AUCTION CATOLOGUE,THE PRO FORMA INV.READS "PREVIOUS REPAIRED SPRAYWORK" NOTHING ABOUT A ACCIDENT
THE BAKKIES ENGINE HAS SINCED CEASED.AUCOR DONT WANT TO ENTERTAIN ANY OF MY PROBLEMS,THEY SAY IT WAS BOUGHT "VOETSTOETS" MY QUESTION IS CAN THE BANK FINANCE SOMETHING THAT IS SOLD VOETSTOETS,AND IN AN ACCIDENT TO A TUNE OF R311,000.00 WHAT RECOURSE DO I HAVE CAN YOU HELP
MY NAMEIS MOONSAMY PILLAY CELL NO.0823373290 E-MAILXXX@XXXXXX.XXX
thanks
Submitted: 11 months ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 11 months ago.

Shaie Zindel :

Hi Mr Pillay - who have you been dealing with at Aucor?

Customer:

PAUL RIBIERO

Expert:  Shaie Zindel replied 11 months ago.
OK - I don't know him but I know the Boss of Aucor and I can refer you to him if you wish. I must however tell you that you face quite a problem here! Section 45 of the Consumer Protection Act regulates the sale of assets by public auction. In terms of this section goods sold on auction are indeed sold voetstoots and the Seller is protected. What exactly did the brochure say about the condition of the vehicle? The invoice doesn't help Aucor because that was given after the sale so it doesn't inform you in advance of bidding? The engine seizing is the issue - why isn't this covered under the warranty and service plan? Surely Toyota should be resolving this for you? I'm sorry the news isn't better but lets try find a solution. Regards Shaie
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1195
Experience: All areas of commercial and contract Law - specialist in property advice.
Shaie Zindel and other South Africa Law Specialists are ready to help you
Customer: replied 11 months ago.

the buyers catalogue is the same as the invoice "previous repaired spraywork" which is misleading if the catologue said "accident repaired" that would have sound the warning lights and they would have not fetched the price of r175,000.00 excludind the auctioneers premium and vat,



T.Ribiero told me that there was a piece of paper on side window of the vechcle stating the condition of the the vehecle but this was not true ,because i got three witnesses that were with me,that can attest to the fact there was nothing on toyota or any of the other cars.


my problem is that Aucor withheld vital info,from me the buyer,this influenced the outcomeof that sale

Expert:  Shaie Zindel replied 11 months ago.
OK - based on what you have stated I recommend that you immediately proceed to lodge a complaint against the Seller with the National Consumer Commission. The process is free of charge and usually much quicker than going to Court. You can get their contact details at: http://www.thedti.gov.za/agencies/ncc.jsp - I hope this helps and wish you luck. Please remember to rate my service so far. Regards
Customer: replied 11 months ago.

what are my chances of success in this case

Expert:  Shaie Zindel replied 11 months ago.
Its going to be a bit of an uphill battle but I would say 50/50.
Customer: replied 11 months ago.

should prceedings of auctions be recorded,to verify what was said by the auctioneer

Expert:  Shaie Zindel replied 11 months ago.
The proceedings should be recorded! I'm certain that the Act and regulations require this!

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