What Are Your Rights If the Car You Bought Has Defects?

 

The Problem

You’ve bought a car from a dealer (not a private seller), and something goes wrong with it. Maybe:

• The paintwork is flawed
• The steering feels unsafe and the car swerves
• The brakes don’t work properly
• The car puts you, others, or property at risk

Even if no injury or damage has occurred, the vehicle may still fail to meet the required standards of quality and safety.

This is where the Consumer Protection Act (CPA) comes in.
 

·        Section 55(2): requires that goods must be suitable for their purpose; be of good quality, in working order, and free of defects; and be useable and durable.

·        Section 56(2): says that a consumer has six months from the date of delivery of the motor vehicle to return the goods to the supplier without cost or penalty, and the consumer can elect to have it repaired, replaced, or refunded.

·        Section 56(3): if a consumer requests a repair, or the six-month period has lapsed and the motor vehicle gets a repair, and the issue persists then a consumer (within three months from the date of repair) can request a refund or replacement of the motor vehicle.

·        These sections apply in addition to warranties on the motor vehicle.
 

Next Steps and Possible Sanctions – which we can assist you with

·        Contact the supplier and try to resolve it under the CPA.

·        Complain to MIOSA – the Motor Industry Ombudsman – at www.miosa.co.za

·        Contact the Provincial Consumer Affairs Offices, per province.

·        Approach the Gauteng Consumer Court.

·        Refer the matter to the National Consumer Commission – www.thencc.gov.za

·        If the claim is under R20,000, try the Small Claims Court

·        If all else fails, take legal action (you’ll need a lawyer for this) 

Need Help?

Let’s talk about your rights and what steps you can take.

📍 www.bregmans.co.za

☎️ 011 646 0335

✉️ info@bregmans.co.za