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Safeguarding consumer rights: Defective vehicle purchases
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SchoemanLaw Inc Attorneys, Conveyancers and Notaries Public, based in Cape Town, is a boutique law firm offering its clients access to high quality online legal d... more
By Msizi Mhlongo
Topics Consumer Protection | Dispute Resolution | Property Law
01 Jan 2024
Introduction:
It’s a common experience for the public to buy vehicles from dealers, only to discover issues later. Purchasing a used vehicle can either be a cost-saving venture or turn into an expensive nightmare. Consumer rights and remedies against deceptive dealers selling defective vehicles are outlined in the Consumer Protection Act 68 of 2008 (CPA).
Consumer Protection Act:
Section 55(2) of the CPA ensures consumers receive goods that are suitable, of good quality, and free from defects. Section 56 allows consumers to return goods within six months if they fail to meet standards, and the supplier must repair, replace, or refund the purchase price. Discrimination or retaliation against consumers exercising their rights is prohibited.
Motor Vehicle Industry Ombudsman:
If a supplier refuses to address defects, consumers can turn to the Motor Vehicle Industry Ombudsman for dispute resolution. If resolution seems unlikely, the matter can be escalated to the National Consumer Commission (NCC).
National Consumer Commission (NCC):
The NCC may issue a notice of non-referral for frivolous complaints. The complaint may be referred to an alternative dispute resolution agent, a consumer court, or another regulatory authority. After investigation, the NCC may issue a notice of non-referral or refer the matter to the National Prosecuting Authority for alleged offenses.
National Consumer Tribunal and Consumer Court:
If the NCC refers a matter to a consumer court, parties can apply to the National Consumer Tribunal for referral. A consumer court hearing follows Tribunal procedures, and its orders have the same effect. If the NCC issues a notice of non-referral, the complainant can directly refer the matter to the Consumer Court or the National Consumer Tribunal with Tribunal permission.
Conclusion:
Consumers, especially when buying pre-owned vehicles, have specific rights under the CPA. These rights encompass receiving a vehicle of good quality, in working order, and being informed if the vehicle has undergone any reconstruction or reconditioning. For further guidance, individuals can contact SchoemanLaw Inc.
See also:
- VOETSTOOTS: Not a get-out-of-jail-free card for sellers
- (Legal) Rules of the road
- You bought it, Voetstoots!
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Msizi Mhlongo
Msizi Mhlongo obtained his LLB degree from the University of Zululand in 2017. He joined SchoemanLaw Inc as a Senior Professional Assistant in October 2023 and was admitted into practice... Read more about Msizi Mhlongo