Car dealer sued over ‘fake’ car

Customer wants his money back because some parts of his nissan NP200 carry Renault logos.

Customer wants his money back because some parts of his nissan NP200 carry Renault logos.

Published May 27, 2013

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A businessman from Orchards in Johannesburg is claiming R131 342 from a car dealer, saying he was under the impression he’d bought a new Nissan NP200 1.6 8V, but later discovered 21 components of the car were not Nissan parts.

Sydney Harry Gordon, 65, said in papers filed at the Pretoria High Court he had bought the vehicle on 22 February 2012 from Melrose Nissan.

The vehicle had a R131 342 price tag, and he entered into an agreement with Absa Bank to finance the deal.

Believing it was a Nissan, he entered into the agreement and the car was delivered to him the next day.

Gordon said he had subsequently discovered that “the vehicle was not a Nissan”.

The following were not Nissan parts:

The electrical fuse box and relays, the front left and right side headlight assemblies, both front strut assemblies, the engine and gearbox mountings, high-tension coil wires, the brake master cylinder and booster, the clutch master cylinder and pipes, the radiator cooling fan, power steering fluid reservoir and pipes, bonnet and hinges, clamp for water reservoir bottle, the left and right side rear view mirrors, the seatbelt assemblies, the jack and retaining strap, the fuel tank and pipes, the exhaust system, the insides of the wheel caps, the front drive shafts, the rear centre bumper bracket, the engine and the gearbox.

The NP200 is, in fact, a rebadged version of a Dacia vehicle built by Renault and sold all over the world under all three badges, depending on the market, so it’s not surprising that some of the components of a perfectly genuine NP200 sold in South Africa as a Nissan would have Renault markings on them, as Gordon alleges. Besides, badge engineering and component sharing between car brands is not an uncommon practice.

“I WANT MY MONEY BACK.”

Gordon said the dealer knew he wanted a Nissan, so he was entitled to cancel his purchase agreement with the dealer. He said he wanted to return the vehicle and get his money back.

He also wanted the interest he would be liable to pay to Absa in terms of the installment sale agreement between him and the bank.

The car dealer, in defending the action, denied any wrongdoing. It conceded Gordon had bought the vehicle, but denied all his allegations. It said the onus was on Gordon to prove that what he got was not a Nissan. No date has yet been set for the hearing. -The Star

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