During the course of this last month we did a blog on Accident damaged vehicles being Defective Motor Vehicles and in that blog we also covered the consumers rights, in terms of the Consumer Protection Act No 68 of 2008(CPA), to claim a repair, a replacement or a refund of the purchase price from the dealer and/or service provider in the event that the consumer had bought a defective/accident damaged vehicle.

We continue to get daily inquiries about this problem.

A purchaser also has similar rights in terms of the common law, in the possible event that the CPA is not applicable in the circumstances of any particular case. This can occur for example when the 6-month statutory period since the date of sale has already expired.

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?”

Your right to a repair, a refund or a replacement of a faulty vehicle and where that right comes from

What are your remedies in law and in particular in terms of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; if you have bought a vehicle which now has material defects?

At The Legal Advice Office we still get numerous queries from members of the public regarding defects in vehicles which they have recently purchased from a dealership or even from a private individual and where there are clearly material defects in the vehicle or where they have been misled as to the condition of the vehicle or were not told about previous accident damage or other material issues.

In these circumstances, the consumer has the protection of both the common law of contract and also the CPA.