Another used car dealer pays the price for selling a defective car

Another used car dealer is paying the price for selling a defective car to a consumer. It has been ordered by the National Consumer Tribunal to repay the consumer the R70 000 he paid for the car that started giving problems on the same day the consumer collected it.

The consumer complained to the National Consumer Commission about the dealer, Alan Hyde, trading as Plett Motor Services. He bought a Volkswagen Beach Buggy from Plett Motor Services in November 2021 and returned it two days later for repairs.

After the consumer collected the Beach Buggy from Plett Motor Services, two days later it broke down again and was not in a good state of repair, stalling several times as the consumer was driving it home.

When the consumer informed Plett Motor Services of the problem, the dealer asked him to bring the Beach Buggy in for more repairs. However, the consumer refused and said he wants to cancel the purchase and get his money back.

Plett Motor Services refused to take the Beach Buggy back and refund the consumer, but the consumer returned the car anyway. A list of complaints was compiled that included the engine light starting to flicker on low revs, lots of play on the steering wheel, a shudder on the clutch, oil leaks, the handbrake not working and a missing oil pressure gauge.

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Used car dealer contravened Consumer Protection Act by selling defective car

The consumer complained to the Motor Industry Ombudsman, but the complaint could not be resolved through mediation, and the matter was referred to the Consumer Commission. The Commission’s investigator contacted Hyde, who said he is not liable because the complainant knowingly bought an old vehicle.

He said the consumer damaged the Beach Buggy, which was 100%, but it was returned with a blown engine. He alleged that the complainant damaged the vehicle by over-revving it. The Consumer Commission then referred the matter to the National Consumer Tribunal.

The Consumer Commission alleged that Plett Motor Services contravened section 55(2)(a) to (c), which provides that every consumer has the right to receive goods that are reasonably suitable for the purpose it is intended for, that are of good quality, in good working order and free of any defects and that will be useable and durable for a reasonable period of time.

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Consumers can return defective goods within six months, according to Consumer Protection Act

The Consumer Tribunal confirmed that Plett Motor Services contravened section 56(2) of the Consumer Protection Act (CPA) and declared Plett Motor Services’ conduct prohibited.

Section 56(2)(a) provides that a consumer can return defective goods to the supplier within six months after delivery without penalty, and the supplier must, at the direction of the consumer, repair or replace the unsafe or defective goods.

Hardin Ratshisusu, acting commissioner of the Consumer Commission, welcomed the judgment.

“This judgement should send a strong message to used car dealers and serve as a reminder that the sale of defective vehicles will be prosecuted, despite the length of time this may take.”