Used car dealers found guilty

FINDINGS: VEHICLES SOLD TO CONSUMERS ON UNFAIR, UNREASONABLE AND UNJUST TERMS’

Suppliers ignored buyers requests for redress-Tribunal.

The National Consumer Tribunal has found another three used car dealers guilty of engaging in prohibited conduct when they sold used cars to consumers and fined two of them R100 000 each for making a consumer sign an agreement intended to avoid their obligations or duty in terms of the Consumer Protection Act (CPA).

One of them forced the consumer to sign a document that deprived her of her rights under the CPA, while the other two were found to have sold defective vehicles to consumers. All three consumers complained to the National Consumer Commission (NCC).

In the first case, a consumer complained that Squad Cars from Pretoria allegedly contravened several sections of the CPA when she bought a 2014 BMW 316i for R200 000. According to the purchase agreement, the supplier would not be liable for any vehicle damage after purchase.

Two months later, the car overheated with the coolant and fan running properly and a warning light on the cluster illuminated, indicating that the consumer must stop the car. She informed the dealer of the mechanical problem and enquired about their warranty but did not explicitly request the dealer to repair the car.

As the dealer outlined in the conditions of sale that the vehicle could have been in an accident and reconditioned, the consumer was led to believe that Squad Cars would not be liable for any repairs.

The consumer took the vehicle to a BMW dealership where it was confirmed that the top gasket had blown. The thermostat and coolant were also damaged.

On opening the engine, the dealership suspected that the engine had been opened previously.

The cylinder head was warped and they suspected it had been removed previously, as the cylinder head gasket fitted in the vehicle was not a genuine BMW part.