Not all deals are heavenly. From time to time you're going to strike a deal for something that is problematic. It happens. Cars are not exempt from this. Thousands of mechanical components all need to work together in perfect synergy for you to have a truly trouble-free experience. This is not always possible; it's a numbers game. With all the thousands of vehicles sold in South Africa every year, there are bound to be a few with some flaws that made it to the showroom floor.
Related: What is covered under car warranty?
If you're one of the unlucky ones that ended up with a faulty vehicle, you'll be wanting to know what sort of recourse you have. The good news is that you are protected by the Consumer Protection Act (CPA) which looks after your interests in the event that a deal has gone awry.
The Consumer Protection Act
The Consumer Protection Act no. 86 of 2008 was formulated to help protect consumers from unscrupulous retailers by giving them legal recourse in the event that the products they have purchased do not perform as advertised or if manufacturer defects present after the time of sale. While it's not a one size fits all approach, the 94-page document outlines how and when the consumer is protected and what recourse should follow in the event that there is a discrepancy with the product sold.
While you will be covered by a manufacturer warranty when you buy a new car, the Act also protects you to a degree when buying a used car. To make the most sense of the legal jargon, Botha Bezuidenhout Attorneys Inc. have outlined what the CPA does for you:
Section 55(2) of the CPA (Consumer Protection Act 68 of 2008) provides that each consumer has the right to receive goods of good quality, durable for a reasonable time and free from defects.
If your second-hand vehicle does not conform to these standards of quality, you have recourse in terms of the CPA.
Section 56(2) of the CPA provides that within 6 months after taking delivery of the second-hand vehicle, if the vehicle does not conform to the standard of quality provided for in Section 55, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense… and the supplier MUST, AT THE DIRECTION OF THE CONSUMER, either repair or replace the vehicle, or refund the consumer the price paid by the consumer for the vehicle. (own emphasis).
Firstly, a refund is available AT YOUR DIRECTION. You do not need to allow the supplier to repair or replace the goods, you can demand a refund as soon as you become aware of the defects.
Secondly, contrary to what the Motor Industry Ombudsman currently recommends, the vehicle is to be returned without penalty and at the supplier’s risk and expense. Recent recommendations from the Motor Industry Ombudsman includes “usage costs” for the usage of the vehicle before it was returned. There is no legal basis to be found for this anywhere in the CPA. The only time a consumer may be liable for usage costs when returning goods, is under Section 20(6)(b), but a return of goods under that Section relates to goods that are not “defective”, but rather “unwanted”.
To read more about the Act, follow this link.
It's worth noting that if you do encounter a problem, it's worthwhile addressing the concern with your finance house as they have a vested interest in the product sold to you. It is also important to note that you will have to have legitimate, reasonable reason and will have to be able to prove that the defect in the vehicle is a result of a manufacturing flaw, and not due to wear and tear.
