Beware when buying second-hand car

Consumers who want to buy a second-hand car have been warned to be careful they do not buy a car as scrap, because then they have no rights in terms of the Consumer Protection Act (CPA).

The Motor Industry ombud has warned consumers about the new trend of some used car dealers who tell consumers they are buying scrap when they buy a second-hand car which is in running condition.

According to section 56 of the CPA, read with section 55, all goods sold to a consumer are sold with an implied warranty of quality they cannot contract out of and nobody can revoke it. This warranty gives consumers the right to receive goods which are in good condition.

If the goods, or in this case the second-hand car, fail to comply with this requirement, consumers can, within six months of buying it:

Return it and get a refund;

Have it replaced; or

Have it repaired.

Johan van Vreden, the Motor Industry ombud, advised consumers to bring any problems with the car to the dealer’s attention as soon as possible, although the warranty lasts for six months because they will have a better chance to successfully claim their rights according to the CPA.

Before the CPA came into operation in 2011, when the transaction was subject to the common law, an agreement of sale could included a voetstoots or as is, clause. However, this clause did not hold the dealer liable for poor quality cars, unless the dealer did not point out the defects.