Dear Mabs
My best friend bought a car from South Africa’s biggest online second-hand retailer. She carefully read their reviews and did her homework on the car she wanted. She opted to buy directly from their massive floor in Johannesburg instead of buying online. We went there as a group of friends to give her moral support. She was not allowed to drive the car out and test it. However, she was given the key to start it and also had time to go through the vehicle’s Dekra report. The salesperson was not pushy and she answered most of her questions which put her at ease.
Four hours later, the transaction was finalised and we were all ecstatic as we drove in her ‘new baby’. However, disaster struck three weeks later. The car began acting up, making knocking sounds each time she started the engine. She immediately took it back as advised by the salesperson. However, the tune had changed. They were insulting and impatient with her. They told her she bought the car ‘as is’. They drew her attention to a line that says: “There are no guarantees or warranties stated in this agreement and the vehicle is sold “voetstoots” and the Seller shall not be liable for any defects in the motor vehicle, latent or otherwise” in the contract.
She was devastated and we were extremely disappointed. It has only been six weeks and her 2020 model car is stationery in her complex while she continues to pay installments since it is financed by one of the big banks. Is there no recourse at all? I feel that this outlet colludes with banks and then hides behind the voetstoots clause. Who can she speak to?
Mabs answers:
This is devastating and I can only sympathise with your friend for this disappointment. Lately, I have received many similar complaints of dashed dreams. It does not help that there is a huge second-hand market and often buying a brand new car is out of reach for many consumers. Auctions cover themselves with the voetstoots clause. Essentially, you buy the car in the condition it is in. However, this condition should be declared upfront so that you can make up your mind and decide if you want to inherit it. I find it mischievous that when your friend was buying she was promised that she could bring the car back should it have any problems. And once it did, they were no longer willing to entertain the issues she was experiencing. My advice is that she needs to reach out to the Motor Industry Ombudsman and file a formal complaint. The role of the Ombudsman is to provide assistance and guidance to consumers, protect consumer rights, and promote fair dealings within the motor industry. I would like to know how this is resolved, please keep us posted.
Motor Industry Ombudsman of South Africa (MIOSA): call 086 11 64672 or email [email protected]
