Not happy with your recent vehicle purchase? AutoTrader consulted CPA expert Mike Wronski’s Consumer Protection Act: Your Ultimate Guide to find out what you can do about it.
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What to do if you bought a defective product
If you have bought a ‘lemon’ from a dealership, what are your rights if you want to reject the car? According to Section 56(2) of the Consumer Protection Act (CPA), the consumer has the right to return a vehicle to a seller within a 6-month period under certain conditions. However, the CPA only applies to suppliers who sell cars during their ordinary course of business and not to private sales between individuals.
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Proven defect(s) and consumer rights
To initiate a return, there has to be a proven defect. If you can prove that the vehicle you were sold was not fit for its intended purpose when you bought it, you have a leg to stand on to demand a repair, replacement or refund—but only if you can provide the evidence. However, this provision doesn't apply if the consumer knowingly accepted the goods in their existing condition:
“Section 55(2)(b) of the CPA provides that the consumer has a right to receive goods that are of good quality, in good working order, and free from any defects. However, this section is not applicable to a transaction if the consumer expressly agreed to accept the goods in that condition and knowingly acted in a manner consistent with accepting the goods in that condition.”
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Impulse buys and the cooling-off period
For impulsive purchases, the CPA grants a cooling-off period of five business days. This option can be invoked if the buyer engaged in direct marketing concerning the specific product, such as receiving emails, SMS, or other direct marketing material from the supplier.
Consumers have the right to return goods for a full refund if they don't meet the expected quality. However, be aware of potential charges for vehicle use during this period, like mileage or condition-related fees.
Mike Wronski highlights the evolution from the common law principle of buying 'voetstoots' (what you see is what you get) to a more consumer-friendly approach. False representations are prohibited, and consumers can cancel a sale if they feel deceived or if obligations regarding delivery and service are not met.
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Returning the vehicle (and associated costs)
As we've mentioned before, a vehicle depreciates the moment you drive it off the showroom floor. Hence, you, the buyer, will be liable for any usage costs, including related wear and tear and/or damages sustained while the vehicle was in your care. You will most likely also have to pay for the re-roadworthiness and other costs of returning the vehicle to the dealer, ready to be sold to another prospective buyer.
“If you experience issues with a certain car, take it back to the dealer immediately,” says Johan van Vreden, Motor Industry Ombudsman of SA.
MIOSA is the custodian of the SA Automotive Code of Conduct (ACT) which is part of the Consumer Protection Act (CPA). Mr van Vreden also says they currently have in excess of 500 new cases to study every month.
You can direct your complaints to MIOSA if you feel that you’ve been wronged.
The Consumer Protection ACT 68 of 2008 can be accessed here.
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