Within six months after the delivery of goods, the consumer may return the goods to the supplier, without penalty, risk or expense.

On Wednesday we published a blog on your rights as a consumer to receive good quality goods when buying them from a supplier.

Yesterday; we had the following query:

“I just recently bought a motor vehicle in February 2018 from a dealership in Mid Rand and I am not happy with the vehicle as it has numerous mechanical and electrical issue and the dealership is now refusing to carry out any further repairs on the vehicle as they say their one month warranty has now expired. What are my rights?

A previously accident damaged vehicle IS ALWAYS a defective motor vehicle and this is especially true vis a vis the dealer if they did NOT disclose this fact to you at the time of the sale.

Last week we received this query:

“In February 2018 I bought a 2016 second hand BMW motor vehicle from a dealership in Gezina, Pretoria and although I have had satisfactory use of the vehicle for the last four months; I have now discovered that the vehicle which I bought in February 2018 was involved in a major accident last year (March 2017); which required repairs apparently totalling R 127350.00 by the insurance company and I am not happy with keeping this vehicle as that fact was not disclosed to me at the time of the sale in February this year and the dealership must have known about the accident. Is this vehicle defective and can I still claim a refund or replacement vehicle for  the dealer I bought it from?”

We, as consumers, have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

One of the branches of the Law that we specialise in is Consumer Law and often regarding defective motor vehicles. The inquiry was sent to us yesterday.

“Can I sue a dealer who has sold me a defective motor vehicle? My attorney told me to sue them for damages and wanted a  R 15000.00 deposit. What are my options? I bought the vehicle on the 20^th January 2018 and it now has a seized engine as a result of a defective water connection pipe and I have been quoted R 66400.00 for repairs. Please advise me in this regard.

Defective Motor Vehicles:  The choices of a repair, replacement or a refund.

The Consumer Protection Act No 68 of 2008 (CPA).

One of the matters that we, at The Legal Advice Office, specialise in is the topic of defective motor vehicles.

We get many queries at The Legal Advice Office each week from people you want our help regarding the purchase of defective or damaged motor vehicles.

This last week we got a rather cryptic inquiry:

“ I have read in one of your blogs of some time back that if I were to buy a defective motor vehicle, or “ a lemon” as you referred to it as; that I have the choice of a repair, a replacement or a refund at the dealer’s expense. Is this true; and if it is; when and how do I go about doing so; as I have definitely bought “a lemon” from a dealership in Boksburg?”

What are your rights when your vehicle breaks again as a result of soddy workmanship?

We still get a lot of enquiries from clients and consumers who feel that they have been ripped off.

A recent example was of a client who had his vehicle repaired by a service provider in Welkom in the Orange Free State.

 “My vehicle broke down on the N1 four months ago. I had the vehicle towed to a service centre in Welkom with an oil leak on the Gearbox. They ended up redoing the engine which took more than 4 months. After doing the engine on the vehicle and when it was still in their workshop; there was a bearing knock and they had to redo the engine again. I had already paid them R162 000.00 for this first repair and they then wanted to charge me again for the second repair even though they never returned the vehicle to me and they failed while the vehicle was still with them to repair it properly in the first place in terms of their quote. What are my rights?”

Did you buy a lemon? A recap…

On a regular basis, we receive queries in by email or phone where the client states something along these lines…

“I have read your article on your website about “What to do if you have bought a lemon? That is exactly what has happened to me; but please explain in more detail as to what are my legal options now that this has happened to me?”

One of the branches of the Law that we specialise in is Consumer Law, and in particular, we provide quoted advice and legal services regarding the purchase of defective motor vehicles.

What do you do if you purchase a defective motor vehicle from a new or second hand vehicle? How does the Consumer Protection Act No 68 of 2008 (CPA) and the common law protect you? What do you need to do and what are the guidelines in this situation?

Because of the number of queries we receive on a weekly basis from our clients with regard to damaged and defective vehicle that they have bought; we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

The supplier’s written guarantee does not replace the warranty created and contained in the CPA.

A Case Study

In response to our last blog on the consumer’s right to a repair, replacement or refund; we received the following query on Saturday morning.

“I read your blog on section 56(2) of the CPA on Facebook. My situation is different. I bought a new vehicle from a BMW dealer in Benoni in a cash transaction. Within a period of 6 months, the vehicle had to go in for repairs on two occasions, the last time was on the 22^nd March 2018. On both occasions, the dealership repaired the vehicle at their own expense. In both instances; the repairs related to mechanical problems with the vehicle's transmission. In the last week the vehicle has again broken down and I am now at my wit's end. Do I have to allow them to repair the vehicle yet again or can I still insist on a replacement or a refund of my money?”

If a further failure is discovered, the supplier must either replace the goods or refund the consumer.

Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:

“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”

We will try today to give you some practical guidelines on what to do when you have bought a “lemon!”

As a consumer forum and as consumers lawyers; we are often involved in cases where clients of ours have bought a defective motor vehicle and refer the matter to us for legal advice on their rights in these circumstances; and also sometimes to provide them with proper professional legal services to resolve and mediate the matter with the dealer or private seller.

Here are some of the common questions sent to us.

1. What do I do if I have purchased a defective or damaged motor vehicle from a  dealer?
2. How does the Common Law protect me when I have bought a defective vehicle privately?
3. How does the Consumer Protection Act No 68 of 2008 (CPA) protect me as I  bought a damaged and defective vehicle three months ago and the dealer it is not his problem?