BUYING SECOND HAND CARS HOW THE LAW HELPS TO PROTECT YOUR RIGHTS

Buying a home, along with a car, is probably one of the biggest purchases that you will make in your life. There are however dishonest sellers out there, especially when buying a second-hand car. Nevertheless, do not fear, Duvenage Attorneys will be your companion throughout your whole purchasing experience and ensure that you are legally protected.

If it happens that you buy a car and it turns out to be defective or damaged in an accident, which you were not told about, do not worry, because the Consumer Protection Act (CPA) can assist you. However, it is of paramount importance to note that the CPA does not apply to private sales between individuals. This means that if you do not buy your car through a formal business, but rather through another person, you will NOT have the same legal protection.

Contact Duvenage Attorneys for expert advice and assistance whereby legal protection can be provided should anything go wrong. You have the right to receive goods that are of an acceptable quality. That is why, when it comes to cars, the law applies both to new cars as well as second hand cars. In fact, the buyer has to be informed in writing about any damage or defects. The buyer even needs to sign, as part of the sale agreement, that he/she has been made aware of any problems. Be that as it may, to sell a second hand car “voetstoots” (as is) is no longer a term that dealers can use to sell a defective car.

THERE ARE 3 CHOICES THAT YOU HAVE WHEN SOLD SOMETHING THAT IS DEFECTIVE OR DAMAGED.

The company or person who sold you the car must:

1. Replace the car; or
2. Pay for a suitable repair.
3. Offer you a refund.

Please note that there is a time limit of 6 months from the date of purchase in which to identify and then claim for any of these faults.

If you have found yourself with a car that does not work as promised by the dealer, and cannot be used for the purpose for which you wanted, contact Duvenage Attorneys and we will be your companion towards solving any challenge you are encountering.

However, with a private sale, cars are mostly sold “voetstoots”. If there is a defect, the purchaser must prove that the seller intentionally concealed this. This might be difficult to prove because an ordinary person might not have enough technical knowledge to identify this. Please be aware of this added risk when buying privately.

Last but not least, please remember this, Duvenage Attorneys can assist in advising you through a private purchase to better help to protect your rights.