South Africa has a massive problem with faulty cars on its roads, some of which were knowingly sold by unscrupulous dealerships.
The National Consumer Commission (NCC) receives hundreds of complaints every month from motorists claiming that dealerships are selling faulty and unroadworthy vehicles to unsuspecting customers.
These problems are often not picked up by the new owners until the car has already been sold, meaning that they are still on the hook for monthly instalments.
Luring customers in
NCC spokesperson Phetho Ntaba recently spoke to Newzroom Afrika, revealing that the commission has been inundated with angry consumers approaching them for assistance after being sold defective cars.
She said that the NCC now receives roughly 250 to 300 complaints per month regarding faulty vehicles – the vast majority of which are second-hand.
Most of the complaints follow a similar pattern where the motorist was not given the full information about the car or its history, and they later experienced defects within a short space of time, ranging from a month to just a few days.
When the consumer returns to the supplier, the car is often not repaired to a satisfactory standard. At other times, the dealership refuses to take responsibility and repair or refund the vehicle, said Ntaba.
These problems persist even when owners have approached the Motor Industry Ombudsman of South Africa for intervention, with dealers still refusing to repair, refund, or replace the faulty car.
Usually, the dealership will refute the alleged issues, claiming that the problems were caused by the motorist after they took ownership of the vehicle.
At other times, they will point to the terms and conditions of the contract, saying that they will not be held accountable for defects that are found after the point of sale.
The NCC has stated that such conduct, including the contracts, violates the provisions of the Consumer Protection Act (CPA) and brings the entire industry into disrepute.
According to the CPA, a consumer has a right to receive goods that are of a reasonable standard suitable for the purpose for which it is intended, and that it must remain of an acceptable quality for a reasonable period of time.
Section 56(2)(a) of the CPA requires that “within six months after delivery of any goods to the consumer, the consumer may return the goods to the supplier without penalty and the supplier must, at the direction of the consumer repair or replace the unsafe or defective goods.”
Ntaba alleged that dealers are often aware of the CPA’s provisions, but that they frequently use written contracts to absolve themselves in the event that a vehicle is found to be defective after purchase.
What’s the solution
The NCC plans to launch new programmes to educate car dealerships on the provisions of the CPA, which should reduce the number of sales reps claiming they were not aware of the consumer’s rights.
However, the NCC also cautions that motorists should take the time to thoroughly research a car before agreeing to a purchase.
Ntaba recommended that individuals try to inspect the vehicle in person if they can, though she acknowledged that this is not always possible with online purchases.
“Inspect the vehicle, you are protected by the law. They cannot force you to buy a car that you are not comfortable with,” she said.
Do not feel pressured to make an immediate decision; instead, try to make use of services that can help to ascertain the quality of the car.
“It’s always better to take some extra time to fully understand the product you’re purchasing rather than facing problems later on,” said Ntaba.
If a person does come into possession of a faulty vehicle, they should report the matter to the NCC or the Ombudsman immediately.
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