The majority of South Africans will change vehicles several times throughout their life, be it out of necessity or personal choice. What happens when this vehicle you purchase is faulty? When purchasing a brand new vehicle from a dealership the warranty/motor plan will still be in place and, as such, it is far less likely that you will encounter problems so, for this article, we will be focusing on used vehicles.
When you’re purchasing a used vehicle from a pre owned car dealership and you discover a few days later that your car has a serious flaw that you were not aware of or informed of when purchasing the first thing you should do is immediately contact the dealer. You have 6 months from the date of sale to bring issues forward. The dealership has 3 options:
- Replacement (Taking the vehicle back and giving you another vehicle in return)
- Repair (They cover the costs of repairing the problem)
- Restitution (A refund less a certain amount depending how long you have been driving)
Ideally, the dealership should come to a mutual agreement which satisfies you. If they do not accept responsibility for these faults approach your attorney who will work closely with the CPA (Consumer Protection Act) ensuring that you achieve the relief you seek.
A private deal is similar, however, when purchasing from a private seller, it is important to have things in writing. If there are problems or defects of which the seller is aware, he or she will need to declare these items to you. When purchasing from a private seller it’s important to note that you can still go the legal route in a similar way in the event of non-disclosure or misrepresentation starting by making an appointment with your lawyer.
For both private deals and deals done through a dealership if you can prove that the dealer or private seller has made efforts to either cover up damage, alternatively, withholds information pertaining to certain faults of which he was aware or ought to have been aware, you will sufficient grounds to sue.
If you would like to seek the assistance with a situation like this please contact Daryl at our office on 041 373 0030 or darryl@thinklaw.co.za
