The National Consumer Tribunal has fined two car dealers and ordered one of them to repay a consumer 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 by yourself.
The consumers complained at the National Consumer Commission (NCC) about used cars they bought from Wingfield Motors and Sandton Repo Cars. After the NCC investigated their complaints and found that the dealers contravened the Consumer Protection Act (CPA) in both cases, the matters were referred to the National Consumer Tribunal (NCT).
The Tribunal found that Wingfield Motors, trading as Best Price for My Car in the Western Cape, contravened sections 55(2)(a) to (c) and 56(2) of the CPA. The consumer bought a second-hand Ford Focus RS 2.3 EcoBoost AWD 5dr 2017 vehicle for R568 000 but discovered defects within three days which required repairs estimated at over R62 000. Wingfield Motors refused to repair the vehicle.
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(2)(a) and (b) of the CPA.
Sections 55 and 56 of the CPA protect your rights when you buy a used carAccording to section 55 of the CPA, the used car you buy must be safe and of good quality, but this section is not applicable if you bought the car at an auction. You have the right to buy a car that is reasonably suitable for the purpose it is intended for.
