By Lehlohonolo Lehana.
The National Consumer Commission (NCC) has expressed concern over car dealerships across South Africa for selling faulty vehicles to consumers.
NCC spokesperson Phetho Ntaba said, that disgruntled consumers are increasingly approaching it for assistance after being sold (particularly second-hand) cars by dealerships with defects.
She said that the NCC is now averaging between 250 and 300 complaints per month regarding second-hand motor vehicles.
“Consumers say they bought these vehicles, they were not given information about the car or history of the car [and] they experience defects within a short period of time – be it a month, a day or three days … the shortest period of time,” said Ntaba.
Ntaba noted that there is a noticeable trend among disgruntled consumers.
For example, when the consumer communicates with the supplier, the supplier either repairs the vehicles but fails to meet the consumer’s expectations, or they outright refuse to provide repairs or refunds.
She said that this often happens even after intervention from the Motor Industry Ombudsman.
In some cases, dealerships claim the issues with the vehicles were caused by the drivers’ behavior, despite some findings where odometers have been tampered with and the mileage turned back (as just one example).
In other instances, they argue that car buyers signed agreements accepting responsibility for any defects that arise once the vehicle leaves the dealership.
The consumer tribunal has recently ruled on cases where they said that these arguments not only violate the rights of consumers as enshrined in the Consumer Protection Act but also bring the entire industry into disrepute.
The act provides that every consumer has a right to receive goods that are reasonably suitable for the purpose for which they are generally intended, of good quality and must be usable and durable for a reasonable period of time.
Section 56(2)(a) 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 said that some dealerships are often aware of consumers’ legal rights and frequently use written contracts to protect themselves in the event that defects are discovered in the vehicles after purchase.
To address this issue, Ntaba stated that the NCC plans to launch initiatives aimed at educating dealerships on the provisions of the Consumer Protection Act.
For consumers, Ntaba recommends that before purchasing any vehicle, consumers should take the time to thoroughly research the car extensively.
“If you buy a car, inspect it. We have seen people buying cars online and that is something else, completely different. 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.