Are you considering buying a used car but are hesitant because you are unsure about your rights? Here's what you need to know.
Published: 20 December 2023, 10:38 Estimated Reading Time: 2 minutes Photo GridWhen purchasing a second-hand car in South Africa, being aware of your rights as a consumer is crucial. The country has established legal frameworks to protect buyers and ensure fair transactions. Understanding these rights can help you make informed decisions and confidently navigate the process.
The Consumer Protection Act of 2008 is a cornerstone for consumer rights in South Africa. When buying a second-hand car, this legislation safeguards your rights by requiring sellers to provide accurate and transparent information about the vehicle. Sellers must disclose any defects or issues affecting the car's performance, allowing you to make an informed decision.
Despite the CPA, many second-hand car transactions involve a "voetstoots" clause, meaning "as is." While this clause doesn't exempt sellers from disclosing defects, it does limit their liability. However, the CPA still holds sellers responsible for undisclosed defects known to them at the time of the sale.
The seller must provide a valid roadworthy certificate before completing a second-hand car purchase. This document ensures that the vehicle meets the necessary safety and emissions standards. Without a roadworthy certificate, the sale may be deemed illegal.
In certain situations, the CPA grants consumers a "cooling-off" period, allowing them to cancel the sale within a specified timeframe. This period is typically limited to five business days and is applicable when the transaction occurs away from the seller's usual place of business.
Buying a second-hand car in South Africa comes with a set of rights and responsibilities. Familiarising yourself with the Consumer Protection Act, understanding the voetstoots clause, ensuring the presence of a roadworthy certificate, and being aware of the cooling-off period are essential steps to protect your interests as a consumer in the second-hand car market.
Sean Nurse With a lifelong passion for cars, bikes, and motorsport, Sean knew that attaining a degree in journalism would allow him to pursue his passion, which was to be a motoring journalist. After graduating in 2012, Sean was awarded a bursary from the SAGMJ which allowed him to work for a variety of motoring publications. This was a dream come true for Sean, and after a year of gaining vital industry experience, he was hired as a motoring journalist at a local newspaper and worked his way up to editor. In 2020, Sean joined the AutoTrader team and counts himself lucky to wake up and genuinely love what he does for a living. View News & Reviews