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CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1534
Experience:  BCom; LLB; Masters in Law
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Found out the new car I purchased a year ago had repair work

Customer Question

Found out the new car I purchased a year ago had repair work on the bonnet. What is my recourse
JA: What state is this in? And how old is the car?
Customer: Durban South Africa
JA: Has anything been filed or reported?
Customer: No just found out yesterday
JA: Anything else you want the lawyer to know before I connect you?
Customer: just need clarity on CPA i know it's normally 6 months but do I still have recourse as it's 12 months now
Submitted: 1 month ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 month ago.

Hi there and thank you for your question,

I will try to assist you with your legal question but please feel free to ask as many follow up questions in order to clarify your initial question. If you have a new question, you must please open a new thread.

Unfortunately what the law says is that for latent defects in a car that you buy you can demand a reduction in purchase price from the seller. So, if you paid R100,000 for the "new car" which was in perfect condition, and you would have paid R90,000 for the "new car with repair work to the bonnet", then you can claim back R10,000 from the seller. But, the thing here is that you will need to prove what you would have spend on buying the car with repair work done to the bonnet - and unfortunately it's not what "you" would have paid for it in that state, it is what "somebody" would have paid for it.

The CPA won't assist you here because it is limited to 6 months. So if you bought the car 12 months ago, it's too late.

If my answer hasn't provided you with enough clarity regarding your initial question, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

If my are HAPPY with my answer then please click one of the STAR ratings or the SMILEY FACES to rate my answer!

Good luck and best regards,