Court rules against Hyundai dealership in R667,000 BMW misrepresentation case.

A Gauteng Hyundai dealership has lost its bid to overturn a ruling ordering it to refund a customer more than R667,000 after selling him a BMW that was falsely represented as a sought-after Mzansi Edition.

In a judgment handed down by the North Gauteng High Court in Pretoria, Acting Judge KJ Mogale, with Acting Judge F Pauer concurring, dismissed an appeal by Hyundai N1 City and upheld an earlier decision of the National Consumer Tribunal, finding that the dealership had contravened the Consumer Protection Act (CPA) by misrepresenting the vehicle it sold to Sylvester Henry Bartes.

The court also ordered the dealership to pay the costs of the appeal, leaving intact the tribunal's order cancelling the sale agreement and requiring Hyundai N1 City to refund Bartes more than R667,000.

The dispute dates back to July 2022, when Bartes spotted a BMW at Hyundai N1 City's dealership. After inspecting and test-driving the vehicle in August that year, he was told by a salesperson that it was a BMW 320i M Mzansi Edition.