Dodgy second-hand car dealers feel Consumer Tribunal heat

THE National Consumer Tribunal clamping down on unscrupulous car dealers who refuse to replace defective vehicles, has resulted in stiff fines of between R50 000 and R100 000 being issued the past 14 months.

According to one of the leading consumer attorneys in South Africa, Trudie Broekmann, this is a sign that the tide is turning in favour of long-suffering consumers subjected to exploitation.

Broekmann said that of the 31 key cases that were heard by the National Consumer Tribunal the past 14 months, 21 revolved around defective motor vehicles.

In terms of section 56 of the Consumer Protection Act, a car purchased from a motor vehicle dealer that is defective and returned to the dealer within six months of the purchase date, must be repaired or replaced by the dealer or the dealer must refund the consumer the full purchase price.

“The Tribunal (can) order the dealer to pay back the consumer if there is substantial defect, something which affects the safety or drivability of the car or makes a substantial difference to the value of the car.

“The Tribunal will not assist you to demand your money back from the dealer in the case of a cosmetic or minor defect. Examples are a rattle or scraping sound, minor leak, non-aligned boot lid, non-matching rims, faulty electronics causing the key not to be recognised, or where flaws were specifically pointed out to the consumer before purchase,” said Broekmann.

She explained that claims first have to be dealt with by the Motor Industry Ombud and then have to be investigated by the National Consumer Commission.