Used car dealers have to stick to the provisions of the Consumer Protection Act when selling you a used or second-hand car.
The National Consumer Tribunal has fined two car dealers and ordered they repay consumers a total of R1 million after hearing the cases brought by the National Consumer Commission . Second-hand cars are often a problem for consumers, and this goes to show that it is not a battle you have to wage alone.
When the dealer refused to repair the car, the consumer exercised his right to cancel the transaction and sought a refund as provided in the CPA. The supplier refused to refund the consumer, a violation of Section 56 and of the CPA. In addition, this repair work is guaranteed for three months, and if it breaks down again within this time, the dealer must repair it or give you your money back.The tribunal found that Wingfield Motors’ conduct violated the CPA and declared its conduct prohibited. In addition, it ordered Wingfield Motors to refund the consumer an amount of R568 000 and imposed an administrative fine of R50 000.
The consumer cancelled the transaction and demanded a refund, but the supplier refused to refund him. The NCC’s investigation revealed that the vehicle had been involved in an accident before the consumer bought it. In addition, he was made to sign a Mechanical Breakdown Warranty Refusal Notification, which exonerated the supplier from any defects manifesting after collection.
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