what to do if there is a major issue after buy a new car

What practise you practise if your newly-bought motorcar presents a serious or recurring problem? What are your options… and where can you turn if the dealership, which yous bought the vehicle from, doesn't sort out the issue? Juliet McGuire sheds some light on the issue.

Buying a new car is an exciting journey preserved for a fortunate few. At that place is so much subtext to a purchase of this nature… information technology says you've made it, that you lot're successful, you're contained. Information technology's understandable that if things get wrong with your shiny new acquisition, frustration levels volition rise, sometimes to emotionally-volatile levels. What makes things even more irksome is that there seems to be mixed messages out in that location nigh what your rights are if "you've bought a trouble car".

Beau #CarsAwards estimate, Wendy Knowler, is a consumer journalist with a lot of experience in this field. Chatting on her Consumer Talk show on Cape Talk, Wendy says people tend to assume problems just occur with used cars and then frustration is immense when it happens to someone who buys ane "out of the box."

The office of a warranty

All new cars come with warranties. In simple terms, a warranty is a "hope" by the manufacturer that if its product develops a error within a certain period or mileage limit (there are other limitations too, such as failures acquired past abuse or clothing and tear), information technology volition encompass the cost of replacement parts and/or repairs if they're carried out by franchised workshops. In other words, a warranty is a manufacturer-backed insurance policy that provides cover confronting a range of failures or malfunctions that may occur afterward you've taken buying of your vehicle. Call up, if you abuse your car, or allow unauthorised parties to work on (or modify) it, you will void the warranty.

So what should you exercise if the dealership you lot bought the car from fails to gear up a problem (or bug)? Before taking drastic steps, such as seeking legal advice, make sure you have voiced your complaint(s) to someone in a senior direction position at the dealership. If the trouble is subsequently not resolved and you've wearied all your channels at the dealership (which should escalate problems to the firm whose products it sells and maintains anyhow), then contact the car'south manufacturer/importer.

From Dealer to Manufacturer

Nigh motorcar manufacturers' contact info (such every bit contact centre telephone and fax numbers, e-mail addresses etc) are listed on their corresponding local websites. A few, such as Volkswagen, offer online chat functions. Look out for the customer care contact details and brand note of reference numbers. This is where the buck should finish; if issues are addressed effectively, your machine volition either be repaired or, in rare cases, replaced (explained below). If you are still not satisfied with the outcome of queries to the manufacturer/importer of your vehicle, only and then should you contact the Motor Industry Ombudsman, even though a potential resolution might take some time.

But what well-nigh the CPA?

Confusingly, the S African Consumer Protection Act (CPA) doesn't deal with car complaints (even though it was gear up to protect the interests of all consumers). The website describes a consumer equally any person to whom goods and services are marketed, who is a user of the supplier's goods, enters into a transaction with the supplier or service provider of any services and products. One would call back: "Surely this would include a car buyer as well?" Well no, not exactly. The rights of a consumer buying or servicing a car are outlined on the website, but you cannot lodge a complaint here.

You lot, in fact, accept to society your complaint with the Motor Industry Ombudsman of South Africa, which is the "independent dispute resolution forum for the Southward African Motor Industry and its Customers". The operative words hither are "the motor manufacture". This forum is non just for consumers just rather to protect manufacturers and dealerships too. The reason is that a car is such a high-value item and so both sides of the sale need protection, "The MIOSA is not a consumer quango that automatically sides with the consumer. In essence, it represents both industry and the consumer. It acts as a referee between the industry and the consumer and amongst industry participants. Information technology utilises adept engineering practice, customer care practice, legal practice, and fairness as a basis in its deliberations," its website says.

Refunds and Replacements a terminal resort

The rights of the consumer remain the same as those of the CPA, which stipulate that a consumer reserves the correct to choose a refund, a repair or a replacement inside 6 months of a purchase. The difference with cars, however, is that it is very seldom that you volition exist given a refund or a replacement vehicle. There are many reasons for this. The most obvious one is that due to the high value of cars, manufacturers would stop upward going out of business if they had to replace "every 2d car that showed a defect". Instead, the option to repair makes much more sense. Remember, even if you drive the automobile off the showroom floor only to find that your electric windows don't piece of work or your radio turns on and off by itself, a "new-car warranty" mandates the manufacturer to repair particular bug with the vehicle via its franchised dealer network.

Only when it comes to safety does your instance for a refund or a replacement vehicle become stronger. Johan van Vreden, the Motor Industry Ombudsman, says: "the more than serious the failure, and the more than rubber-critical the component (such every bit brakes or steering), the stronger your case will exist." If the car does stop up existence replaced, you might not be presented with the exact same derivative (or specification of a derivative) that you bought. Depending on how long you've had the auto, the manufacturer might offering y'all a car with similar mileage or a more than expensive derivative or entire model, in which case you would have to pay in the difference.

Equally mentioned, co-ordinate to Section 56 (2) of the Act, consumers tin can return a auto to a seller within a 6 month period, but only nether certain atmospheric condition. Defects due to "clothing and tear" volition not count. It is very difficult to prove that the seller/dealership knew nigh a defect when the car was sold to you, and the onus is on you lot to provide such evidence of a mistake. Three words to think if you find yourself in this situation is that the activeness will demand to be legitimate, reasonable and provable. And, as y'all tin can imagine, almost people might non take the evidence to prove their case. But it is worth a try if you truly believe yous have been sold a "dud", "lemon" or "Friday car".

Information technology all sounds a chip doom and gloom for consumers, simply in that location are many examples of where customers have won their cases and cars have been replaced. Knowler speaks of several cases she has encountered where the car "goes incorrect in a safety-critical manner and continues to fail", and, as a result, was replaced past its manufacturer or importer. Van Vreden also adds that he has supported many a case where a automobile has needed to be replaced.

To safeguard yourself, cheque the credentials of the dealer you intend to buy a vehicle from and read the fine impress of the contract to purchase. All dealerships have to exist registered with the Motor Industry Ombudsman and adhere to the regulations set out by its committee. Before you purchase a auto from whatever dealer, make certain it's registered.

When you feel yous've reached an impasse, visit the Motor Ombudsman website and make full out a complaints form. The expected time frame for a resolution is 3 months.

Some other avenue worth investigating?

Did yous know that at to the lowest degree 7 500 businesses and xiii trade associations in the South African automotive sector are members of the Retail Motor Industry Arrangement (RMI), a body that has existed for more than a century? Members of the RMI have to adhere to a code of behave and the RMI is "committed towards the amicable resolution of all consumer complaints and disputes and equally such, attempts to achieve amicable mediated solutions to disputes in a manner that is cost effective for both parties concerned". The RMI's resolution process is non-legal (no legal representation is immune). Should you feel dissatisfied with a product or service supplied by an accredited RMI fellow member (or non-member, the arrangement's website says), you can download a Consumer Dispute Resolution Class, pay a once-off non-refundable assistants fee of R402.50 (toll as quoted in July 2018) and fax the form to i of the RMI's regional offices.Hither's how.

Related content:

Which cars are the best (or worst) to own? You lot tell u.s.…

How to buy a car if you lot are blacklisted

Explained: Warranty vs Service Plan vs Maintenance Plan

ix Tips: Buying a Motorcar on a Budget

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Source: https://www.cars.co.za/motoring-news/bought-a-problem-car-here-are-your-options/37778/

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