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?”

“Why is it that we now have legal recourse if we buy a motor vehicle which is defective or which was previously involved in an accident and this fact was not disclosed to us at the time that we bought the vehicle?”

 This is the question we were asked via our website.

The answer to that question is that you have protection depending on the facts in both the common law of contract and also probably/possibly in terms of the Consumer Protection Act: No 68 of 2008 (CPA).

In terms of the common law, you would have to rely on a breach of the contract terms by the seller of the motor vehicle or his/her bad faith, misrepresentation or failure to disclose.