Dealership fined and ordered to refund Cape Town man

THE National Consumer Tribunal has ruled in favour of Fernell Waydon Pretorius, who fought for a refund after purchasing a used car from WP Motor Sales in Cape Town and it breaking down two days into ownership.

- SINENHLANHLA MASILELA

Pretorius bought the second-hand car on January 17, 2020, for R276 607.49. It was financed by Nedbank.

The car, with a recorded mileage of 115 567 kilometres, suffered a devastating engine failure on January 19, 2020, during a drive by Pretorius’s father from Cape Town to Heidelberg, Gauteng.

Following the breakdown, Pretorius promptly notified the dealership, leading them to collect the vehicle on January 20.

He also emailed the dealership, indicating his wish to cancel the agreement and request restitution.

The dealership replied and promised to investigate the issue and revert.

The next day, Pretorius sent a follow-up email reiterating the option to cancel the agreement to avoid financial implications.

The dealership refused to cancel the agreement and insisted on repairing the vehicle at its cost, contrary to Pretorius’s instruction.

The dealership blamed the breakdown on the driver's negligence and didn’t provide Pretorius with a further report.