Refund on faulty car in private purchase
Hi we recently bought a 2014 Ford Figo from a private seller. The car drove and seemed fine until we went to get a roadworthy certificate. they refused to pass the car because there was severe damage to it. we then took the car to a mechanic who did a full inspection. it turns out the car is badly damaged and was in a major accident. the guys who repaired it apparently did a terrible job and basically just fixed it so that it would seem ok on a test drive. I expressly asked the seller twice if the car was in an accident and he said no. the engine and motor are loose, the chassis is badly damaged, there are bolts missing that is supposed to hold everything in place, the engine and motor weren’t replaced correctly so everything is misaligned amd several other defects. we only had the car for 3 days when we discovered the problems. we then immediately called the seller and asked for a refund of R75000 because that is what we paid for the car. he refused to give a straight answer and is now unreachable. he doesn’t answer calls, he hangs up every time we call and doesn’t reply to messages. what course of action can we pursue since the amount is too large for the small claims court? thank you
Sadly, private sale of property including vehicles does not fall within the ambit of the CPA (Consumer Protection Act, No. 68 of 2008). You cannot therefore ask for a refund under the CPA. But of course you can take civil action against the seller through the courts. You have to speak to your lawyer.