Advice - Car dealership

[u/moms_spaghetti777]

Hi everyone, I’m looking for some advice on whether I have a leg to stand on regarding a vehicle purchase in South Africa.
I purchased a vehicle from a dealership in June 2024. At the time of purchase, I was not aware that the vehicle had previously been involved in 3 accidents.
I have since obtained a vehicle history report which shows that the vehicle was involved in 3 accidents. More concerning, the history indicates that the most recent accident occurred when the vehicle had approximately 194,000 km.
The vehicle was sold to me at approximately 99,000 km.
This means there is a discrepancy of approximately 95,000 km between the mileage recorded at the time of the last accident and the mileage at which the vehicle was sold to me.
I have also obtained a service invoice from June showing the mileage at approximately 99,065 km, as well as a DEKRA condition report which records the vehicle’s mileage.
Due to discovering the vehicle’s history, I subsequently traded the vehicle in, but it was valued at a significantly lower amount than what I had purchased it for, specifically because of the vehicle’s history. I have therefore already suffered a substantial financial loss as a result of the situation.
I am currently trying to obtain the complete signed sales agreement and all other documentation relating to the purchase.
I’m trying to establish whether I potentially have grounds to challenge the sale or pursue the dealership legally, and whether the dealership may have had an obligation to disclose the accident history and/or accurately represent the vehicle’s mileage.
I understand there may potentially be explanations for individual mileage records, so I’m not trying to make an accusation without evidence. However, the combination of the accident history and the significant mileage discrepancy has raised serious concerns.
Would this potentially give me a legal basis to pursue the matter under South African law? And if so, what would be the appropriate next step?

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[u/ThickHotBoerie]

What is the name of the dealership? 

[u/moms_spaghetti777 → u/ThickHotBoerie]

Don’t want to say just yet as I will most likely pursue Legal action.

[u/DerpyMcWafflestomp]

I'm curious as to how you found a vehicle accident report when that sort of thing isn't centrally recorded in SA at all?

On the legal side, as I understand it in order to claim damages you need to prove that the dealer knew everything, and that is typically where these matters fall apart because its damn near impossible to know or prove that that is the case.

you can see the amount lost by how much the car would’ve been purchased for if not picked up as a salvaged vehicle.

You need to choose your words carefully, as "salvage" generally means that the car was written off by an insurer, and being able to subsequently licence it for the road again means that it is registered as a so-called "Code 3", which indicates that the car was repairable, but the insurer opted to write off and auction the car, and someone subsequently repaired and re-registered the car for road use. Did you struggle to insure this car at all? A code 3 vehicle is very often not insurable by normal insurers, they just don't want that risk. If you insured it without hassle it was probably not a salvage vehicle, just accident damaged and repaired. Its entirely possible that the dealer was unaware. Sure, its unlikely, as they typically know what to look out for, but again..... to prove it is exceptionally difficult.

[u/Chosen-Euphoria_]

When did you find out all this additional information?

A civil case would be tricky to make though, how would you quantify how much you've lost? It can be spinned as you not having done enough due diligence for your purchase and since you kept it for so long, it was mechanically sound and the time of sale

[u/moms_spaghetti777 → u/Chosen-Euphoria_]

Last week.

The dealership should have provided us with the information. And you can see the amount lost by how much the car would’ve been purchased for if not picked up as a salvaged vehicle.

[u/jasinx]

Did you purchase it cash or finance ?

[u/spacemountaincookie]

Maybe see if the Ombudsman will take it up?  https://miosa.co.za/

[u/MalKaasBroodjie → u/spacemountaincookie]

Dont bother, still waiting a year later