Wed Oct 26 11:38:30 CAT 2016


By unknown | Aug 17, 2009 | COMMENTS [ 0 ]

NOT all car dealers are unscrupulous but some will try every trick under the sun to con consumers.

NOT all car dealers are unscrupulous but some will try every trick under the sun to con consumers.

Stanley Mokoena of Limpopo said he was battling to get back the deposit he paid to Truck and Tractor Specialist for a new truck.

Because Mokoena has a bad credit record he could not secure a loan.

Truck and Tractor tried to sell him a second-hand truck . Though the company admits they cannot register the truck in Mokoena's name, they are hiding behind a voetstoots clause .

Mokoena wanted to buy a truck worth R170000. He also wanted them to add a cattle frame, Mokoena said.

His contract was subject to his getting finance, but the financial institution declined his application and that meant he could not proceed with the purchase.

He asked for his money back but Truck and Tractor refused, claiming the deposit had been used to put on the cattle frame.

Mokoena said they sold the truck but refused to refund his money.

"They offered to sell me a second-hand truck and I accepted it after they convinced me it was in a good condition," he said.

While negotiating the sale of the truck one of their driver's bumped it.

"They offered to repair it and I reluctantly accepted because I did not know how it would look after being repaired," he said.

Mokoena later discovered that they wanted to sell him a 27-year-old truck and decided to cancel the purchase.

He said they agreed to refund his R70000 but when he approached them last Wednesday they told him he would have to sue them first.

The company's Johan Borman confirmed Mokoena's claims but said that the deposit was used for the cattle frame.

He said they secured finance for Mokoena but the bank insisted on a deposit of R150000.

Borman said Mokoena undertook to raise the balance but failed.

"After six months he came to see us again and said he could not get the rest of the money and wanted a refund," Borman said.

"Because we wanted to help Mokoena, we offered him a second-hand truck."

While Mokoena and the salesman were signing the offer to purchase in the office the accident happened.

Washing his hands of the matter, Borman said their offer to purchase have a disclaimer exonerating them from liability, but they were prepared to waive it and help Mokoena.

"At the back of the offer to purchase form are the sale conditions and the customer had time to read it before signing," Borman said.

"The customer also knew about the accident and accepted that it was purely an accident. We told him that we would fix the truck just the way it was and Mokoena accepted."

Though the company had not received the registration documents from the previous owner, Borman said he was prepared to deliver the truck to Mokoena.

"We haven't registered the truck in the customer's name yet because we are waiting for the Natis document.

"Just to give you details of the sales condition, which the customer has signed: I agree that I have inspected the vehicle, that the vehicle is duly fitted and equipped and in good running order;

"I agree, if the vehicle is a used vehicle, then your liability under the written warranty (if any) shall be limited to repairing any defective parts only and expressly excludes special and consequential damages or alleged defects shall be repairable by the seller. (Like we did);

"I do hereby agree that in the event that I do not comply with the above conditions and cancel this order, then any monies already spent by me-you will be applied to the preparation cost and delivery of the article and any extra cost can be recovered from me in full.

Borman said: "For a year now we have stood by this customer and helped him wherever we could, and we are still most willing to help him sell his truck since it is not our stock anymore.

"But the truck is ready and he can use it to make money." .

The Motor Retail Industry has agreed to investigate Mokoena's complaint.


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