What protection do you have when buying a second-hand car from a dealership?
How do you know that you’re not going to end up with a car that’s going to cause you endless problems?
The Consumer Protection Act is clear that dealers have certain responsibilities towards their customers, but it also requires that buyers of used vehicles need to do their homework. Here’s what you need to know.
THE RIGHT DEALERSHIP
Firstly, be sure you’re buying from a reputable dealership with a proven track record.
The Retail Motor Industry Organisation (rmi.org.za) can provide information about local car dealerships that are members of the National Automobile Dealers Association (Nada).
Also have a look on social media platforms to see what other people have to say about the dealership you’re considering using.
DISCLOSURE
When you buy a used vehicle, the dealership must disclose the following:
* All faults the dealer should reasonably know about. “Reasonably” in this case means problems the dealer definitely knows about, but also those faults they should be able to identify thanks to their experience and mechanical knowledge.
It can’t reasonably be expected that the dealer should know absolutely everything about each car.
* A list of any repairs or modifications made to the vehicle.
* The year the vehicle was first registered (so you’ll know how old the car is) as well as its status – new, used, imported, remodelled.
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STOLEN OR NOT
Dealerships may not sell illegal vehicles, for example stolen cars.
Vehicles that were stolen and then recovered are usually sold at auction. If a dealership is selling one of these cars, they need to disclose its history to the buyer.
Check these following points on the car’s documentation to ensure that everything matches:
* Year, make and model
* Engine number
* The VIN (vehicle identification number)
* Registration number
*Colour and mileage.
You can also check the car’s status on websites such as stolenvehicles.co.za and vehiclecheck.co.za. You will need information such as the VIN.
The SAPS or metro police can also check if a vehicle was stolen. One of the biggest vehicle verification databases in the country can be found at transunion.co.za. Some websites might charge a fee to provide you with information.
DOCUMENTS
When you buy a used vehicle, you have the right to receive copies of all the documents relating to the sale.
You’ll also get the vehicle’s registration documents and service record.
You could be asked to sign a document that you acknowledge that it’s a used vehicle and it will come with some wear and tear.
You’re basically agreeing that you’re aware it’s not a new car.
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THE RIGHT TO RETURN THE VEHICLE
This isn’t really the same as a warranty but legally you’re allowed to return a used vehicle to the dealership within six days of the purchase.
It only applies in specific circumstances and doesn’t include normal wear and tear or negligence.
The onus is on the buyer to understand the difference between wear and tear (for example worn out tires or brake pads) and defects (for example, gears malfunctioning).
You also can’t return the car if you didn’t properly maintain it while you had it, such as neglecting to regularly add oil.
The reasons for returning the vehicle must be legitimate, reasonable and provable.
It’s the buyer’s responsibility to prove that the fault was present at the time the vehicle was sold. If that’s the case, you can claim your money back, have it repaired for free, or claim a replacement vehicle.
But remember, if the dealership takes the car back you won’t necessarily be refunded the full sale price.
The dealer is entitled to subtract the costs of wear and tear or any damage incurred while you were driving the car.
