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.
☎️ 011
646 0335
✉️
info@bregmans.co.za
