What do you do if you’ve bought a brand-new or good quality used vehicle and then realise that the vehicle you bought is defective, damaged or not fit for the purpose for which you bought it for?
- Go back to the dealer. Tell them about the problem, allow them to inspect the vehicle and report back to you on their findings.
- Ask them to do a thorough inspection of the entire vehicle from bumper to bumper to check for any other possible problems or defects.
- If you feel it’s necessary, get another full diagnostic check done of the vehicle from an independent service provider, and get this report in writing.
- Discuss the findings of the above inspections with the dealership you bought the vehicle from and ask them what they intend to do about the various issues you have now discovered.
- Do NOT simply agree to or allow them to repair the vehicle.
- Remember that it is your choice as a consumer to choose the remedy - a repair, replacement vehicle or a refund in the event of the defect being material.
- Get proper professional paralegal advice as to what you should do in the circumstances before giving any instruction to the dealership.
- Always remember that you as the consumer have the protection of the Consumer Protection Act No 68 of 2008.
- If, for whatever reason, you do not have the protection of the CPA, you may well have the protection of the common law depending on the facts of your particular matter.
- The above should be followed as soon as you are aware of the problem and not weeks or months later, or you may have lost your legal remedy."