A Gauteng motorist failed in his attempt to force a dealership to take back a Volkswagen Amarok and refund him after claiming the vehicle had previously been involved in an accident that was not disclosed at the time of sale.
The National Consumer Tribunal dismissed an application brought by Antonius Johannes Minnaar against Autohaus Centurion (Pty) Ltd, finding that he failed to prove the vehicle was defective or that the dealership misrepresented its condition.
The dispute centred on a 2020 Volkswagen Amarok V6 purchased by Minnaar from Autohaus Centurion in November 2023. Shortly after taking delivery, Minnaar noticed signs he believed indicated the vehicle had previously been damaged and repaired.
According to Minnaar, the right front wheel arch appeared poorly resprayed and fitted, leaving a noticeable gap between the arch and the vehicle’s body. He also identified a torn plastic cover on the left front wheel and non-original screws under the bonnet. These observations led him to suspect the Amarok had been involved in an accident before his purchase.
Minnaar returned the vehicle to the dealership, which repaired the faults he identified. While he acknowledged the repairs were completed satisfactorily, he remained concerned that the vehicle had previously been in an accident and that this fact had not been disclosed.
The motorist argued that the dealership’s salesperson assured him on the day of purchase that the Amarok had never been in an accident. He further claimed that a former dealer principal later acknowledged the vehicle had been in a minor accident and allegedly offered to replace it, though no replacement vehicle was ever provided.
Minnaar also relied on an expert report which, he argued, showed evidence of respraying. He contended that the paintwork quality was poor and that the respray would negatively affect the vehicle’s resale value because prospective buyers would be reluctant to purchase a vehicle that appeared to have sustained accident damage.
Based on these allegations, Minnaar sought cancellation of the transaction and a refund under the Consumer Protection Act (CPA), arguing that the resprayed condition constituted a defect reported within six months of purchase.
Autohaus Centurion opposed the application and denied the Amarok had been involved in a collision before being sold. The dealership maintained it conducted appropriate inspections and reviewed the vehicle’s history before presenting it for a Dekra inspection.
The dealership argued it never found evidence suggesting the vehicle had sustained collision damage. It further submitted that the repairs carried out after the sale, including work relating to scratches, dents and alignment issues, were performed as a goodwill gesture and did not amount to an admission that the vehicle had previously been in an accident.
The dealership also challenged the expert report Minnaar relied upon, arguing it was compiled more than a year after the vehicle was purchased and therefore could not establish the vehicle’s condition at the time of sale.
In its judgment, the tribunal examined whether the alleged poor paintwork amounted to a defect under the CPA. It noted that not every imperfection or minor fault qualifies as a defect capable of triggering a consumer’s right to cancel a transaction and obtain a refund.
The tribunal referred to recent court decisions establishing that a qualifying defect must be material and must substantially impair the utility, effectiveness, usefulness or safety of the goods in question.
It found that while Minnaar had initially identified several minor faults, all those issues had been repaired, and the vehicle was otherwise functioning properly. The tribunal noted that Minnaar himself confirmed the Amarok was operating in good condition and that his primary concern was the possible impact of the respray work on the vehicle’s future resale value.
The tribunal concluded that poor respraying, viewed objectively, did not amount to a defect under the CPA because it did not render the vehicle unsafe, impractical or unfit for its intended purpose.
“No evidence was presented to the tribunal indicating structural or engine damage before purchase, or that the vehicle is less useful, practical or safe as a result of any spray work,” the judgment stated.
The tribunal further held that there was insufficient evidence to prove the vehicle had in fact been involved in an accident before it was sold. It found that even if such evidence existed, the mere fact that a vehicle had previously been involved in an accident would not automatically make it defective.
According to the tribunal, the CPA does not prohibit the sale of vehicles that have previously been involved in accidents or undergone respraying. Instead, consumers must show that any resulting damage rendered the vehicle defective in a manner that affects its safety, usefulness or performance.
The panel also rejected Minnaar’s allegation that the dealership had misrepresented the vehicle. It found no evidence showing that Autohaus Centurion marketed the Amarok as accident-free or made false, misleading or deceptive representations regarding its condition.
Purchase documentation further showed that Minnaar had inspected the vehicle before taking delivery, and no concerns regarding paintwork or previous accident damage had been recorded at that stage.
In a further obstacle to Minnaar’s claim, the tribunal found that the refund he sought could not be considered because the vehicle was financed through Absa, which had not been cited as a party to the proceedings.
Relying on a recent Supreme Court of Appeal judgment, the tribunal held that a credit provider financing a vehicle sale may also be regarded as a supplier for purposes of the transaction. Because Absa remained the owner of the vehicle and had not been joined to the proceedings, the tribunal ruled that it could not consider relief affecting the finance agreement.
The failure to cite Absa rendered the application fatally defective, the tribunal said.
The tribunal ultimately dismissed the application and made no order as to costs.
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Sinenhlanhla Masilela
iol.co.za
