If a dealership sells you a faulty car in South Africa, notify the dealer in writing as soon as possible, describe the defect, and state whether you want a repair, a replacement, or a refund. Under the Consumer Protection Act, a dealer must deal with defects that appear within six months of delivery.
Steps to take
- Stop using the car if the fault makes it unsafe
- Get the defect diagnosed and documented, ideally in writing
- Write to the dealer, refer to section 56 of the Consumer Protection Act, and state your choice of remedy
- Keep the sale agreement, invoices, job cards, and all correspondence
- If the dealer refuses, lodge a complaint with the Motor Industry Ombudsman of South Africa (MIOSA)
If the dealer repairs the car and the same defect returns, or a new defect appears, within three months of the repair, the dealer must replace the car or refund you.
A "voetstoots" clause in a dealer's contract does not remove these protections. Used cars are covered too, although normal wear for the car's age and mileage is taken into account.
Need help with this? See Consumer Protection & MIOSA.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.