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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2604
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I bought a Audi A4 from Nissan Bruma in May 2015, on the 29

Customer Question

Hi I bought a Audi A4 from Nissan Bruma in May 2015 , on the 29 June I notified them that the vehicle had been in a accident .
I have driven the car up till now as they had requested me to , now I want to return the vehicle because they have not been able to find me a new car to replace. What charges do I have to pay back to them and remember I notified them one month later
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I assume that they requested you to keep the vehicle until such time as they can replace it?

The Consumer Protection Act provides that, where goods are found to be defective in quality within six months of their purchase, the customer may insist upon a refund, or may allow the seller the chance to repair or replace the goods.

If you simply returned the vehicle when you reported it, you would not have had to pay anything but given what has transpired now, it is unclear how it should be handled as the act is silent on this. An argument can be made out if they requested you to keep the car while looking for a replacement as your damages (of being without a car) can be set off against their damages (allowing you use of the car). This is however simply an argument and not a rule.

The only way to be sure is to have it tested in court.

I would advise you to discuss this with the dealer and take things from there. If you remain unsatisfied with the result you should refer a dispute to the National Consumer Commission who can make a decision if you should pay for anything at all.

I hope this answered your question.

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