When a new car isn't actually new

18 July 2016 - 10:00 By Wendy Knowler

Did you know that a car that is a year or two old can still be sold as new?Last month, 40-something-year-old Chantel Spirito of Kempton Park bought her first "brand new" car after giving her 20-year-old car to her father.She signed a deal with the Imperial Select dealership in Boksburg, part of the AMH Group, for one of the cheapest cars on the market - the Chery QQ3 - at a "special" price of R85,000.Fully financed by Nedbank's vehicle finance division MFC, her instalment, which included a maintenance plan, was R1800 a month."I was so excited to finally be buying a new car, and not having to worry about what sort of mechanical and bodywork issues we were inheriting," she told In Your Corner.But within the first week, Spirito discovered that her new car was in a far from perfect condition - a dodgy door seal, an ill-fitting glove compartment door, a bent spare key, wheels not aligned, rough paintwork around the petrol cap, worries with the seats and, more concerning, issues with the car's acceleration and gears were among the problems.Back it went to the dealership to have everything sorted out. But in the week it was there, a very disheartened Spirito decided she'd rather swap the car for something of better quality. The dealer principal, who has since left the dealership, offered her R65000 for her car, R20000 less than she'd paid the previous week."When I objected, pointing out all the vehicle's faults, he told me: 'What do you expect, it's only an entry-level vehicle'."Next, Spirito took the car for an AA (Dekra) assessment. That's when she discovered that the car, while technically new because of the date of registration, was actually manufactured in 2014, with some parts bearing 2013 factory dates, including the battery."I couldn't believe my eyes when I looked at the engine," she said. "Most of the metal parts were rusted and the rubbers had perished."The dealership insisted that the rust was normal, which is crazy - my 20-year-old car didn't have rust in the engine."Clearly two years of sitting in a "bond yard" after being shipped to South Africa took its toll on the little car.She escalated her complaint to AMH Group director Grant Cumming, who said the car was indeed new, given that it was first registered in 2016, and offered her complimentary vehicle valet and engine wash as compensation for the "dirty" engine.Unsurprisingly, that didn't go down well with Spirito."Please, please can you help?" a "beyond stressed" Spirito asked me last week, when the car was back with the dealership having a second set of problems attended to, while she had the use of the dealership's courtesy car."I do not want the vehicle back as who knows how many other underlying problems there are."I want them to settle in full with MFC and keep the vehicle, and I'll then buy another car elsewhere."In an email to Spirito on July 7, Cumming wrote: "The vehicle is registered as a new vehicle in 2016. Pricing and value is based on year of registration, not manufacture."We do not see the need to cancel the deal or offer a substitution vehicle. We will, however, arrange to get the vehicle in and have the issues resolved that you are not happy with."He added: "We are happy that the Motor Industry Ombudsman gets involved, as an independent, and will gladly follow the ombud's ruling."So I took the liberty of contacting the Ombud, Johan van Vreden, to discuss the case. Given that Spirito bought the car just six weeks ago - well within the Consumer Protection Act's six-month warranty period - and that its condition is inconsistent with that of a reasonable person's expectation of a new car Van Vreden supported taking back the car for a full refund.I then asked Cumming if his company was willing to reconsider its stance, or whether Spirito would have to file a complaint with the ombudsman.Cumming said he was prepared to "take the vehicle back and settle with the bank"."After long consideration, I also hear where the client is coming from and feel we need to be accommodating."I was delighted to give Spirito the good news, and just in time, too, as her first car payment was due on July 27."I cried with relief when I read your email," she said.Before buying a "new" car, find out its year of manufacture. The answer may surprise you.And always ensure that the day the manufacturer's warranty starts is the day you bought the car.CONTACT WENDYEmail: consumer@knowler.co.zaTwitter: @wendyknowler#SHELFIEMini me: Years ago I commented that if manufacturers persisted with shrinking pack sizes as a sneaky way to affect price increases, we would end up with doll house-sized products. Thankfully Checkers' "Little Shop" tiny packs are just a loyalty promotion.  ..

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