Defective motor vehicle

  • electrical faults

    Within six months after the delivery of goods, the consumer may return the goods to the supplier, without penalty, risk or expense.

    On Wednesday we published a blog on your rights as a consumer to receive good quality goods when buying them from a supplier.

    Yesterday; we had the following query:

    “I just recently bought a motor vehicle in February 2018 from a dealership in Mid Rand and I am not happy with the vehicle as it has numerous mechanical and electrical issue and the dealership is now refusing to carry out any further repairs on the vehicle as they say their one month warranty has now expired. What are my rights?

  • fault car accident

    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?”

  • radiator overheat

    We, as consumers, have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

    One of the branches of the Law that we specialise in is Consumer Law and often regarding defective motor vehicles. The inquiry was sent to us yesterday.

    “Can I sue a dealer who has sold me a defective motor vehicle? My attorney told me to sue them for damages and wanted a  R 15000.00 deposit. What are my options? I bought the vehicle on the 20th January 2018 and it now has a seized engine as a result of a defective water connection pipe and I have been quoted R 66400.00 for repairs. Please advise me in this regard.

  • buying a lemon car

    What do you do if you purchase a defective motor vehicle from a new or second hand vehicle? How does the Consumer Protection Act No 68 of 2008 (CPA) and the common law protect you? What do you need to do and what are the guidelines in this situation?

    Because of the number of queries we receive on a weekly basis from our clients with regard to damaged and defective vehicle that they have bought; we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

  • New but Defective car

    The supplier’s written guarantee does not replace the warranty created and contained in the CPA.

    A Case Study

    In response to our last blog on the consumer’s right to a repair, replacement or refund; we received the following query on Saturday morning.

    “I read your blog on section 56(2) of the CPA on Facebook. My situation is different. I bought a new vehicle from a BMW dealer in Benoni in a cash transaction. Within a period of 6 months, the vehicle had to go in for repairs on two occasions, the last time was on the 22nd March 2018. On both occasions, the dealership repaired the vehicle at their own expense. In both instances; the repairs related to mechanical problems with the vehicle's transmission. In the last week the vehicle has again broken down and I am now at my wit's end. Do I have to allow them to repair the vehicle yet again or can I still insist on a replacement or a refund of my money?”

  • lemon car png

    We will try today to give you some practical guidelines on what to do when you have bought a “lemon!”

    As a consumer forum and as consumers lawyers; we are often involved in cases where clients of ours have bought a defective motor vehicle and refer the matter to us for legal advice on their rights in these circumstances; and also sometimes to provide them with proper professional legal services to resolve and mediate the matter with the dealer or private seller.

    Here are some of the common questions sent to us.

    1. What do I do if I have purchased a defective or damaged motor vehicle from a  dealer?
    2. How does the Common Law protect me when I have bought a defective vehicle privately?
    3. How does the Consumer Protection Act No 68 of 2008 (CPA) protect me as I  bought a damaged and defective vehicle three months ago and the dealer it is not his problem?  

Subscribe to our Legal Advice Blog

Follow our weekly Blogs:
To Subscribe to our Legal Advice blog is simple and easy. Just type your email address at the bottom and click GO

Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za