WeBuyCars refunds buyer of ‘dangerous’ car

Buying a new car is exciting, even a new used car, as Bruce Springsteen aptly put it in one of his iconic songs. In this case, the experienced soured.

A Moneyweb reader shared his frustration when he bought a used car from WeBuyCars and found the car had serious damage to the undercarriage, which he and his mechanic felt rendered the car dangerous to drive. Repairs to the vehicle would have been very expensive, and would still leave lingering doubt about the safety of the vehicle.

The buyer saw the car advertised on the WeBuyCars website and, after looking at the vehicle inspection report by Dekra Automotive, decided to take the plunge. A Mercedes-Benz C180 Coupé at a good price does not come along often.

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When he sent the car to prepare it for a roadworthy inspection at the workshop he regularly uses to maintain his other Mercedes, the workshop called with very bad news. The car had been in a very serious accident in its past.

Repair work to the suspension and undercarriage was done improperly. The chassis was bent and welded together haphazardly. Damaged parts were not replaced, including critical struts and control arms. One of the struts was welded insecurely to the chassis.

Non-disclosure

At first, WeBuyCars pleaded ignorance and referred to the terms and conditions of the sale of cars that it categorises as “B vehicles”. These are cars that are sold without a roadworthy certificate and without any warranty or guarantee.

The terms and conditions specify that these vehicles are typically older than the cars rated as A vehicles, they are well-used vehicles with substantial kilometres, have more wear, little or no proof of services and maintenance, and may not be in good working order.

“Category B vehicles may require a combination of minor and major repairs, mechanical checks and servicing and may malfunction, including where the required work is not performed timeously or to the required standard,” according to the terms and conditions published on the WeBuyCars website.

“These vehicles are typically sold at lower prices because WeBuyCars takes into account the possible costs buyers may incur to repair and service the vehicles. Category B vehicles are sold without any warranty whatsoever, and WeBuyCars does not guarantee that Category B vehicles are mechanically in good condition.

“WeBuyCars is not responsible or liable for required repair work or to arrange a roadworthy certificate for Category B vehicles.”

So what changed?

The dealership – probably the largest used car dealership in SA, which recently listed on the JSE – admits that it has a responsibility and liability to sell safe cars.

It says customers can return vehicles under specific conditions as set out in the Consumer Protection Act.

WeBuyCars took the car back and refunded the purchase price, as well as the cost of some repairs, after the buyer claimed that the Dekra inspection report did not disclose the severity of the damage.

The inspection report stated that the vehicle had a few scratches (“as expected according to age and mileage”) and past repairs were not up to standard.

Dekra also said the vehicle undercarriage “show[s], as expected, signs of wear according to age and mileage and/or minor damages”.

“Axles, suspension: As expected according to age and mileage. As expected wear and tear or deficiencies on axles and/or suspension were detected.

“The road safety of the vehicle is not affected,” Dekra wrote in the report.

The workshop that inspected the vehicle for the buyer said this was not true and the car was dangerous to drive and required major, expensive repairs.

Slipped through

WeBuyCars says it buys between 14 000 and 15 000 vehicles every month and has rigorous processes in place to ensure that the vehicles “we purchase are accurately described” when offered for sale.

Tinus Olivier, national sales manager of WeBuyCars, says it’s important to note that vehicles are complex mechanical units.

“While we strive to provide as much information as possible, we do not conduct full mechanical evaluations,” he says.

“Unfortunately, certain issues may not be immediately apparent during the checks we perform.

“Our process includes multiple checks: First, a specialised buyer thoroughly evaluates the vehicle during the purchase phase. Once the vehicle is received, it undergoes a re-evaluation to verify its condition.

“Additionally, Dekra independently evaluates the vehicle and prepares a used vehicle condition report for further transparency.

“In this case, we acknowledge the concern regarding the damage and are taking this seriously. We’re investigating how it passed our checks and will continue to improve our systems to avoid similar incidents in the future. Our top priority is ensuring the safety and satisfaction of our customers,” he adds.

WeBuyCars says the previous owner did not disclose the damage when the vehicle was sold to them.

Limitations of Dekra reports

Olivier says the Dekra report primarily focuses on roadworthy-relevant items, including a visual inspection, a diagnostic test, brake roller test and shock absorber test.

“It is important to note that this is not a full mechanical evaluation of the vehicle.

“In this specific instance, the issues on the chassis were not picked up by Dekra and therefore not disclosed in the condition report.

“We rely on the Dekra report to highlight critical issues related to roadworthiness. With regards to their specific findings for this vehicle, no faults in these areas were identified that would compromise the vehicle’s safety on the road.

“Any problem with the steering or undercarriage that impacts safety or roadworthiness is something that should have been disclosed in the report,” says Olivier.

“The specific used vehicle condition report should have highlighted the roadworthy relevant aspects noted. We are working closely with our service provider (Dekra) to improve the chassis evaluation process in the relevant branch.”

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WeBuyCars says it takes customer satisfaction very seriously and receives feedback from customers on various aspects of their purchase, both positive and negative.

“In the rare cases where a complaint arises, we address each issue thoroughly to resolve it as quickly as possible,” says Olivier.

“Given the volume of vehicles we sell, particularly online, the number of complaints is minimal, and we aim to maintain that through rigorous checks and transparent practices.

“We encourage customers to make use of the detailed information and reports we provide, including Dekra’s roadworthy reports, as well as the opportunity to personally inspect (or bring a mechanic to assist) and test drive the vehicle at our branches before finalising their purchase.

“We provide as much information [about the vehicles] as possible upfront, including their condition and the fact that they may need a combination of service, minor and major repairs. Buyers are encouraged to review this information thoroughly before purchase.

“The warranties that a Category B vehicle must be usable and durable for a reasonable period, cannot be excluded. However, the warranty can be limited for specific aspects of the vehicle highlighted to the consumer.

“In other words, where we’ve disclosed a known defect to the consumer, we can limit our liability for the specific defect and the impact thereof on the vehicle’s performance or reasonable usage,” adds Olivier, admitting that the Dekra report did not disclose the specific damages – which were very obvious.

WeBuyCars cancelled the transaction and refunded the buyer in full, as can be expected from a listed company that reported a turnover of R11.4 billion and headline earnings of R402 million in the six months to end March 2024, and has a market capitalisation of more than R12.8 billion.

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