‘Sold as is’ does not void a dealer’s six-month warranty on your used car - TimesLIVE

Most South Africans buy their first car secondhand, and for many, it is one of the biggest purchases they will make.

At a consumer education session hosted by WeBuyCars on Oct 15, acting National Consumer Commissioner (NCC) Hardin Ratshisusu, Darren Smith of Motor Industry Ombudsman of South Africa (MIOSA), consumer journalist Wendy Knowler and WeBuyCars CEO Faan van der Walt set out what every buyer should know.

WeBuyCars hosted the session as part of its consumer education programme, which includes short explainer videos on buying a used car.

“To consumers out there, you should know that the Consumer Protection Act protects you,” said Ratshisusu. “You should know your rights.”

Every car a dealer sells carries an implied six-month warranty under sections 55 and 56 of the Consumer Protection Act. It applies whatever the contract says.

“Gone are those days where a dealer would say, ‘This car is being sold as is,’” said Ratshisusu. “The dealer needs to disclose everything to the consumer about that motor vehicle.”

Terms such as “no refund, no return” carry no legal weight, he said, and should be reported to the NCC.

If a defect appears within six months, you decide whether the car is repaired, replaced or refunded. The dealer is entitled to inspect the car to establish the cause, so return it to the dealer that sold it.

The protection has limits. A defect the dealer clearly disclosed before the sale is largely excluded. A change of mind is not a reason to cancel. And the warranty is not a service plan: if you ignore a warning light or skip a service and the engine fails, that is on you.

Van der Walt argues that the law should draw a clearer line between a defect and normal wear and tear, particularly for older cars, and that buyers are best protected by full information before the sale.

“A transparent market is itself a powerful form of consumer protection,” he said.

Van der Walt said honest dealers should apply a simple test: “Is there anything I know about this vehicle, or could find out, that could potentially sway the decision of the consumer?”

MIOSA’s case management department head Darren Smith said the buyer’s best protection was documentation. If a clean accident history or a spare key matters to you, write it into the purchase agreement as a condition of sale.

Adverts get taken down and phone conversations leave no trace, so without a record the dispute becomes your word against the dealer’s.

Knowler, whose inbox is dominated by motoring complaints, warned buyers not to leave finance, insurance, tracking and add-ons entirely to the dealership’s finance office.

Get your own quotes, and read the insurance terms before you sign. She described a first-time buyer whose cheap policy excluded cover once he drove more than 1,000km in a month, which left him without cover after a crash.

Be wary, too, of aftermarket warranties sold as a replacement for the six-month implied warranty under the Consumer Protection Act. They can be useful, but they come with exclusions and limits, so choose one on your own terms.

Van der Walt said the biggest mistake buyers made was an impulsive purchase.

“Someone has a budget of R80,000 or R100,000. Why do they buy the BMW 5 Series? Because it will elevate their status. But a month later, they’re in trouble,” he said.

A cheaper, economical car that is easy to insure and maintain is often the better buy.

His advice is to research running costs before you commit, including services, tyres and insurance. The WeBuyCars’ Inspectify report details the condition of each car and will in future list upcoming costs. If you are unsure about a car, walk away.

If a defect appears, report it to the dealer immediately and keep a record of every exchange. Knowler cautioned that deductions for use could grow while repairs dragged on, so where possible, avoid putting more kilometres on a faulty car.

The dealer is entitled to investigate whether a fault was caused by misuse, so be honest about how the car has been driven and maintained.

Start with the dealer. If that fails, take the complaint to MIOSA, a free service. Unresolved matters can go to the NCC and on to the National Consumer Tribunal.

Ratshisusu said consumers also carried responsibility for how they used the products they bought. But his message to dealers was simple.

“Just do the right thing. Consumers in South Africa are protected in terms of the Consumer Protection Act.”

This article was sponsored by WeBuyCars.