Yes, the Consumer Protection Act applies to car sales by dealers, including used cars. It does not apply to a private sale between two individuals, because the seller is not acting in the ordinary course of business.
What the Act gives car buyers
- The right to a car that is reasonably suitable for its purpose, of good quality, and free of defects (section 55)
- A six-month implied warranty: return a defective car for repair, replacement, or refund (section 56)
- Protection against misleading statements about the car's condition or history
- Disclosure of the price and the terms of the sale
For used cars, what counts as a defect takes the car's age, mileage, and price into account. A worn clutch on a high-mileage car may be normal wear. A gearbox failure a week after purchase is unlikely to be.
Vehicle finance is regulated separately by the National Credit Act. Complaints about dealers and workshops can be taken to the Motor Industry Ombudsman of South Africa (MIOSA).
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.