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I bought a vehicle from a franchise mercedes dealership in…

Customer Question
I bought a vehicle...

I bought a vehicle from a franchise mercedes dealership in this year. I discovered about 6 weeks ago that the cars onboard computer logged an error on the transmission only 1000km after i bought the vehicle from them. The error was logged within the 6 month period that covers me under the consumer protection act but was discovered by me 2 months beyond that period. Do I still have a case to claim they repair the error?

Lawyer's Assistant: What state is this in? And how old is the car?

Its in the Western Cape and the car is a 2012 model.

Lawyer's Assistant: Have you contacted the manufacturer?

I have spoken only with the dealership workshop manager. He contacted the manufacturer and they offered to pay for half of the bill to repair tue vehicle. They have not offered any money to pay for the repairs.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There was an issue with the timing chain within the first 2 months after I purchased the vehicle and I ended up having to pay R6000 to have it repaired as well.

Submitted: 8 months ago.Category: South Africa Law
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Answered in 6 minutes by:
11/11/2017
Lawyer: CaseLaw, Attorney replied 8 months ago
CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1,706
Experience: BCom; LLB; Masters in Law
Verified

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 the 6 month warranty thing that you are talking about only applies to new vehicles. There is a section in the CPA which excludes used goods from the operation of this warranty. The sub-section talks about excluding goods which are sold in a specific condition. What it's talking about is second hand goods.

In my opinion, you should therefore accept their proposal that they pay for half of the repairs.

Legally, you can't force them to pay for all of the repairs in terms of the CPA.

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,

CaseLaw

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Customer reply replied 8 months ago
Hi. Your answer is a bit confusing to other information I allready obtained. Here is a section of an article: “The Consumer Protection Act, implemented in April 2008, has disrupted the process of used motor vehicle industry.
Under the CPA, even though dealerships may disclose a motor vehicle’s faults, car dealers are no longer allowed to sell a car ‘voetstoets’. However, in terms of selling a car privately, whether online or not, motor vehicles may be sold ‘voetstoets’. But, the car’s defects must be provided and the car buyer is obliged to acknowledge and sign the defects, as part of the car sales agreement. If any unknown faults have been discovered within the car sale’s first 6-months, under Chapter 2 of the CPA, you have the right to demand repair, refund or replacement of the car.“
Lawyer: CaseLaw, Attorney replied 8 months ago

But the car's defects can only be written down and signed for IF the seller knows of the car's defects! If he doesn't know, then he can't disclose, and the purchaser can't sign for them.

Your issue however is that your have not contacted the seller within 6 months of the sale. The fact that the car's computer recorded the error within the 6 months, but you only found out about it after that, is a problem.

It's like the right to return something within 7 days. You actually need to return it within the 7 day period. Not just think that you want to, or find out about something which informs your decision to return it. You must do so.

Same thing here. You must actually report the fault within the 6 months and make demands to the seller.

Hence my advice to accept the 1/2 payment!?

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