Big problem with faulty cars for sale in South Africa

The National Consumer Commission (NCC) has said that it has been inundated with complaints about some car dealerships selling faulty and non-roadworthy vehicles to unsuspecting customers.

As a result, many individuals are now burdened with cars that are unusable, yet still obligated to make monthly payments.

NCC spokesperson Phetho Ntaba told Newzroom Afrika 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.

What to do

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.

Consumers should also avoid feeling pressured or rushed into making a decision.

“Test drive the car. Get someone who is going to assist you to evaluate the car and ask those questions.

“We rely heavily on them and when they do not give you the correct information, do approach the NCC” and the Ombudsman, said Ntaba.

The spokesperson added that under current law, there needs to be a completed transaction, and something has to go wrong either during or after the transaction for action to be taken.

However, nothing prevents consumers from seeking additional services to protect themselves, though they may have to pay for these services.

“It’s always better to take some extra time to fully understand the product you’re purchasing rather than facing problems later on.

“Addressing those issues can take time, and it may be a lengthy process before consumers can get the redress they seek,” she added.

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