The Voice - Consumer's Voice

Do I have any rights?

About 2 months back I bought a second hand car from a car dealer in Mogoditshane. The guy said the car was a sold as is. I requested to test drive and had a mechanic look at it and it all looked good. After paying for the car I was made to sign a document that its a buy as it is and that I can't hold the company accountable for any mechanical defects that I may notice afterwards. The dealer had assured me the car was in good condition and that I only need to service and it will be ok.

A day or two after the transaction I realised the car was unstable when it reaches speeds above 80km/h. I went back to the dealer and he advised I fix the suspension of the car and it will be well. So I went and did just that unfortunately even after that the car still shakes and swerves when doing above 80km/h speed. There was no way of noticing this when test driving because speed limits in the city and surrounding areas is 60km/h.

Is there anyway u can help?

I’m sorry but I don’t think I can give you any good news.

The car dealer did everything he could to protect himself and I suspect there’s little you do to make him change his position. He allowed you to take it for a test drive and you noticed no problems during that drive. I understand that the speed limits would have restricted you to relatively slow speeds but it might have been wise to ask to take it somewhere you could test it at higher speeds. I was lucky a few years ago when a dealer selling me a car insisted that we go for a drive on a highway and also off-road to prove how well the car drove. That’s a lesson we should all perhaps learn. A 2-minute drive at 60 km/h isn’t enough.

The dealer also allowed you to do something we always advise consumers to do, to get an independent mechanic to inspect the vehicle. It’s a shame that your mechanic wasn’t able to spot the problems the vehicle obviously had.

Finally, and this is probably the really bad news. you signed a document saying that the vehicle was sold “as is” and also that you wouldn’t hold the company accountable for any faults that emerged later. The only document relating to the sale appears to be one that says you’re waiving your rights.

I’m sorry I don’t have better news.

Can I get a different one?

In 2017 in June I bought a JVC home theater system to be paid in installments for 24 months. After I got the products within a month it had a problem of reducing its volume every time when in use. I reported it to the stores around August 2017, then I returned it back which then they take about 7 months without giving me a new one but all the time I was paying.

In 2018 around March they gave me another JVC home theater which later then gave me the same problems and then in January 2019 I returned the products. Remember this is the second one. When returning the second one I wrote a cover letter which I explained that I don't want the products anymore rather they should give me the different item but same price. In April 2019 they called me to come and get another JVC home theater system. Then I refuse but the management told me that since I'm not working and my sister is the one who pays my instalments I'm unable to take a new item of same price from the shop since they will need a pay slip which I don't have to open a new account for another item. So they told me that the only option I have since I'm not working is to get another JVC home theater system again which I'm afraid it will repeat the same problem. So I please need help to change this item to another item with same price. The reason why I refuse the same item is that it's guarantee it's 3 years.

This is complicated. Let’s begin with your rights. When you are given a product that is “not of merchantable quality” as required by Section 13 (1) (a) of the Consumer Protection Regulations you have a right to one of the ‘three Rs’, a refund, repair or replacement. However, and this is important, it’s the store that decides which you receive. This store is with its rights to replace the item with an identical one. I know it’s frustrating that they keep going wrong but look on the bright side, they offer a three-year guarantee so you’ll continue to get support until next year.