Second Hand Vehicle In Workshop after a month
Hey guys
Wanted your thoughts on the below
Bought a second hand bmw electric vehicle from a dealership less then 6 months ago.
Now the vehicle needs the electric motor replaced (I'm told there isn't stock even in Germany so usually have to wait a couple months for the stock).
Has anyone had luck requesting a cancellation and full refund for their vehicle and if so, how difficult and long was it?
From what I've researched online- wall of text below (i think a precident has been set) the CPA does speak to this issue:
"Section 56(2) affords the consumer the right to return the goods where defect occurs within
6 months from the date of purchase and to choose whether he/she wants repairs or
replacement, or whether he/she wants a refund of the purchase price if goods supplied do
not satisfy the requirements and standards of section 55 of the CPA.
2.3 Despite the provisions of section 56 (2), some suppliers insist on repairing the goods when
the consumer has elected a refund. In the case of National Consumer Commission v
Neil Reyneke Exclusive Auto t/a Exclusive Auto One, the consumer purchased a motor
vehicle on 19 December 2019 and took delivery on the same day. On 20 December 2019,
the motor vehicle started to exhibit a strange noise from the engine bay.
2.4 The consumer notified the respondent of the defects, and the respondent advised the
consumer to take the motor vehicle to the nearest garage for inspection. On 30 December
2019, the consumer took the motor vehicle to Ford Vereeniging Auto (For McCarthy (Pty)
Ltd) as directed by the respondent. Ford Vereeniging Auto diagnosed the problem and
issued a quote to replace one part. However, the consumer was later informed that the
engine was faulty and had to be replaced. Ford Vereeniging Auto quoted the costs of
repairs to be R78,599.44
.
2.4 The respondent sent an email to the consumer’s attorneys wherein it stated that it was
taking responsibility for the damage to the vehicle sold to the consumer and offered to
replace the motor vehicle’s engine with an original Ford engine. However, the consumer
refused the offer and demanded that the sale agreement be cancelled and that she be refunded the purchase price. The Respondent argued that it has the Right to repair the
motor vehicle and refused to refund the consumer the purchase price.
2.3 The Tribunal concluded that as a defective vehicle was sold, the
consumer was entitled to cancel the agreement and claim a refund within six months after
purchase. She was under no statutory obligation to first consider or allow any repairs by
the respondent to the motor vehicle. Any other interpretation of the consumer’s right, as
outlined in section 56(2), would be erroneous."