The Consumer Protection Act (CPA), which came into effect in April 2011, has far-reaching implications for motorists in the used vehicle market. But have things changed? And do you know your rights?
“For the vast majority of us, our cars are probably the second most expensive item we own after our homes, and buying a car is an emotional experience no matter what the budget is,” says AA spokesman Gary Ronald.
“The CPA was brought in to protect the rights of the consumer, and knowing these rights is essential to ensure you don’t get ripped off during the purchasing decision.”
Buying second-hand cars has long been associated with less-than-honest dealings, with the “voetstoots”, or “as is”, clause used as a fail-safe to protect unscrupulous salespeople from any potential comeback.
But under the CPA an official car dealer may not sell a vehicle “voetstoots”, irrespective of whether they disclose what is wrong with it.
A vehicle can be sold “voetstoots” only in a private sale, but that still doesn’t mean the buyer is left high and dry.
LET’S HAVE SOME HONESTY
“In order for a car to be sold voetstoots, a full list of all known car defects has to be provided.
“As part of the sale agreement, you, the buyer, would then have to sign and acknowledge the presence of these defects,” says Ronald.
If any new defects are discovered within six months of the sale, you have the right to insist on repair, replacement or a refund.
This doesn’t mean that you can return a vehicle just because it’s lost that “new car smell”; there are clear rules on when you can return your vehicle, the most critical being when there’s a material defect, failure or hazard that’s not due to any alterations you made after buying it.
“The best defence against purchasing a potential rotten apple is to arm yourself with the correct information,” says Ronald.
“If you are in the market to purchase a used vehicle, make sure you know your CPA rights and enforce them.
“Bear in mind, too, that there are any number of identical vehicles to choose from on the market, and, if a deal looks too good to be true, it probably is.”
If you are experiencing difficulties relating to the CPA with buying or selling a used car, contact the National Consumer Commission at 012 940 4450 or [email protected].
– Motoring Staff