dealer responsible for repair bill - car ownership 2 weeks

[AshG108]

Hi guys,

I need to get some clarity or information on this, so everyone knows that I recently bought the C-Class a few weeks back. Mileage was on 86900km.

I drove it up to Jhb and then within 3 days (thursday of that week) i drove it down to Pmb. fast forward to that saturday of that week (4-11-2017), there was a dip in revs and the EML came on.

So off I went to get diagnostics done, turns out the QCV (quantity control valve) required replacing. Called Mercedes Garden City Motors and they only had a book for the 9-11-2017, so my dad dropped it off on 8-11-2017 as I had to return home on the Sunday and used his car.

So Merc diagnosed the car, found the same item needs replacing and also the EGR cooling system was leaking and also required replacement.

Now my question is...when i picked the car up on 28 October 2017, the dealership assured me the car is fine, it had been for a service in September to Mercedes just before it came off plan to ensure it is good. Nothing to worry about and no issues picked up on the car at all. Now, between 28 October & the 4 November is within 2 weeks and the repair bill is pretty pocket drenching.

My question for clarity is: Would the dealer be responsible for this repair bill or at least a portion of it since the car is only with me for not even 2 weeks and already a repair is needed? I normally take the car back to the dealership I bought from if anything goes wrong normally but this dealership is in Cape Town so I cannot do that.

Any ideas and feedback is greatly welcomed.

Thanks!

 

[individj]

dealership must pay

 

[ShaunB]

http://autoadvice.co.za/auto/consumer-protection-act

The CPA requires the seller to stand good for the reasonable durability of the vehicle for a period of 6 months. This is an implied warranty on defects. It is important to understand the difference between wear and tear and defects. Tyres, exhausts, brakes, clutch, etc, would be wear and tear, whereas a gear suddenly jumping out would be a defect. There is no mention of a mileage limitation. However, again, there are several clauses preventing abuse of this protection. It excludes wear and tear and normal maintenance; as well as misuse or negligence. It also specifies the word “defects”. This implies that the fault should have been (wittingly/or unwittingly) present in the vehicle at the time of delivery.

 

[FerdiBotha]

Hi guys,

I need to get some clarity or information on this, so everyone knows that I recently bought the C-Class a few weeks back. Mileage was on 86900km.

I drove it up to Jhb and then within 3 days (thursday of that week) i drove it down to Pmb. fast forward to that saturday of that week (4-11-2017), there was a dip in revs and the EML came on.

So off I went to get diagnostics done, turns out the QCV (quantity control valve) required replacing. Called Mercedes Garden City Motors and they only had a book for the 9-11-2017, so my dad dropped it off on 8-11-2017 as I had to return home on the Sunday and used his car.

So Merc diagnosed the car, found the same item needs replacing and also the EGR cooling system was leaking and also required replacement.

Now my question is...when i picked the car up on 28 October 2017, the dealership assured me the car is fine, it had been for a service in September to Mercedes just before it came off plan to ensure it is good. Nothing to worry about and no issues picked up on the car at all. Now, between 28 October & the 4 November is within 2 weeks and the repair bill is pretty pocket drenching.

My question for clarity is: Would the dealer be responsible for this repair bill or at least a portion of it since the car is only with me for not even 2 weeks and already a repair is needed? I normally take the car back to the dealership I bought from if anything goes wrong normally but this dealership is in Cape Town so I cannot do that.

Any ideas and feedback is greatly welcomed.

Thanks!

The CPA is obviously still applicable as it is within 6 months of purchase.

AFAIK the dealership will be liable for any bill if the car doesn’t “perform” or work as it is supposed to for 6 months from date of purchase. There is a CPA thread somewhere on the forum with advice and a proper breakdown of what is the dealership’s responsibility in the first 6 months after purchase.

My car had numerous issues that had to be sorted out after I purchased it. The dealership made me understand that they are doing me a favour by repairing/replacing what I found to be faulty, but in reality it isn’t a good deed at all - it’s the law and they need to abide by. It’s their duty. After a big (unnecessary) back and forth mud slinging I managed to get all the reasonable issues sorted out by the dealership.

Long story short - contact the dealership and take it up with them..

 

[CK4LIFE]

You are still within dealer warranty.. they should pay up..

 

[Warrbmw]

I currently have the same issue. For any one else who has the same issue, the process is as follows. As soon as fault arises take the car straight back to the dealer. Do not repair or take it somewhere else. As long as it is within the 6 month period you are protected by CPA, obviously you must take into account normal wear and tear. If the vehicle is registered in your business name and your business is not below the 2 mill threshold you will not be protected by CPA.
The dealership has 3 options. Replace, repair or refund.
Also try the MIO.(Motor industry ombudsman) Tel 0861 1 64672 or [email protected]. If you have a dispute you will in anyway be dealing with them.
My 118i on 80000 kms has broken, out of motor plan and no CPA protection, bill is in excess of R 70k so far.
Good luck

 

[Jeremy.d]

I'm pretty sure you are entitled to a refund or a repair under the normal consumer protection laws... but i don't really know the details.

Hope you manage to sort it out:thumbs:

 

[Boss Wit NOS]

Hi Ash

who are you dealing with at Merc? have you been dealing with the Service Manager?

 

[AshG108]

Hi Ash

who are you dealing with at Merc? have you been dealing with the Service Manager?

Howsit bud,

I dealt with the service department directly with the Service Advisor who is well known for his credibility also within that dealership.

My dad just picked up the car now and had to pay the bill and the car is at home now (Pmb). On saturday, the car will be driven back to Jhb for me.

---

Hi guys,

To all that have responded, I thank you for your input and knowledge...I do not have the capacity to quote each and reply at this point in time at work (my apologies).

I have mailed the dealership, finance house and FNI with all the details and asked them for the way forward as I have requested compensation.

Thanks a mill and will keep you guys updated.

 

[Jerry_112]

Hi,

If the defect was not disclosed at the time of the sale, the dealership will be responsible for any undisclosed patent, latent or other defects for a period of six months from date of purchase.

I have personally claimed from a dealership in the sixth month of ownership for a gearbox leak which repair amounted to approximately R16 000, 00. There was no fuss, nor was the warranty even stated in the contract, they simply acknowledged the provisions of the Consumer Protection Act and paid the bill on demand. Make sure you get authorization for payment first as they are entitled to an opportunity to effect the repairs / source a repair centre for a quote and work to be carried out. The subsequent repair work will be under a three month warranty if carried out by the dealership themselves alternatively the usual six months warranty if by a third party service provider.

Also, obtain a quote within the six month period for all defects in the car and also ensure that you have proof in writing of reporting the defects to the dealership. If they choose to contest liability you will want to be able to prove to a Court that you brought it to their attention and that the defects existed during the warranty period.

Exercise your rights! :thumbs:

 

[officially_kage]

2 weeks after purchasing my Mini, the Vanos solenoid needed replacing. The dealership replaced the following day, no questions asked and I got a courtesy car - All thanks to the CPA

 

[Demontec]

Their cost or return the car man..I think you have 14 days to return if unhappy with most if not all dealers?