Man in legal battle with dealership after paying over R269,000 to fix faulty Ferrari five months after purchase
A Cape Town dealership, Millstock Cars, contested a ruling by the National Consumer Commission (NCC) that ordered them to refund over R269,000 to a customer for repairs made to a faulty Ferrari.
The issue began when Mychajlo Jevon Gambale purchased a used Ferrari for over R3.6 million in April 2021.
However, just five months after the purchase, the car displayed a warning light and Gambale promptly notified Millstock Cars, and the vehicle was diagnosed at Ferrari Cape Town with a faulty temperature sensor, requiring replacement at a cost exceeding R53,000.
Initially, the dealership argued that the car was sold "voetstoots" (as is), thus denying liability for the sensor replacement. However, after negotiations, Millstock agreed to cover 50% of the repair costs and paid a deposit to Ferrari Cape Town.
According to Gambale, after Millstock confirmed that it would pay for the replacement of the sensor, the manufacturer, Ferrari Italy, identified an underlying issue with the Clutch Control Plane (CCP) and recommended that the entire CCP be replaced after conducting a remote diagnostic test on the vehicle.
Gambale demanded that Millstock pay for the replacement of the CCP, which was quoted at over R269,000. However, the dealership refused this request, prompting Gambale to escalate the matter to the NCC.
Upon reviewing the case, the NCC sided with Gambale, issuing a notice demanding that Millstock refund the repair expenses for the CCP.
In response, Millstock appointed consulting engineer and tribologist, Patric Swan who examined the CCP and found no evidence of mechanical damage or wear, asserting that the original diagnosis of a faulty sensor was accurate.
Swan's report was submitted to the NCC before they issued a notice.
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