Funny fact is I would not take a car that has any form or sort of comment on it. The fact that when I asked it was said no, no issues or accidents.
If you then ask them ok now that you know i'm aware of the situation I would like to know what was the total value of the repairs and they then choose to not get back to me then surely they must be hiding something ?
Used Car & Voetstoets Sales
Section 55(2)(b) of the CPA provides that the consumer has a right to receive goods that are of good quality, in good working order and free from any defects. This section is not applicable to a transaction if the consumer expressly agreed to accept the goods in that condition and knowingly acted in a manner consistent with accepting the goods in that condition. In short, the voetstoots rule will in most cases not be applicable to sale and purchase transactions.
The cooling period listed in the CPA is also important. This says if you buy the car on impulse you can return it, no strings attached. This cooling off period does have clear cut parameters: it lasts for five business days and can only be invoked if the buyer has bought a car as a result of direct marketing concerning that same product from a supplier. For example, you need to have received an email, SMS or other direct marketing material from the supplier to buy into that specific deal before you are eligible for the cooling off period.
Consumers can also return goods to the supplier for a full refund in circumstances when the goods are not of the quality perceived by the customer in the agreement. But consumers may still be liable for charges of using the vehicle during this period, such as adding to the mileage of the car or affecting its condition. Sellers may impose a reasonable charge for the consumption or depletion of goods or any costs required for the restoration of the goods if they have been used.
The common law principle of buying a car voetstoets, or what you see is what you get, is now a thing of the past – with the new law, consumers will need to be made fully aware of what they are getting themselves into. False, misleading or deceptive representations are also not allowed, and suppliers need to be wary of making false representations or failing to disclose a material fact regarding the condition of pre-owned vehicles to a consumer. Consumers have the right to cancel the sale should they feel they have been deceived.
Consumers now have the right to cancel a sale if obligations with respect to delivery of goods and supply of services are not met. The Act makes it an implied condition that every transaction will take place according to what was agreed between the consumer and supplier, for example the delivery of a vehicle at an agreed time, date and place. If a consumer has agreed with a dealer that certain items on a pre-owned vehicle will be repaired and functional upon delivery, then the dealer is under obligation to comply or his sale may very well be cancelled.
