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When you buy a used car

WHETHER you're buying an old scrap from a friend of a friend or a year-old luxury vehicle from a car dealer, there are lots of pitfalls to look out for when buying second-hand cars.

When you're buying a used car from a dealer, you have rights under the Consumer Protection Act 68 of 2008, to expect the car to:

  • Be of satisfactory quality, in good working order and free of any defects;
  • Be usable and durable for a reasonable period of time;
  • Be fit to get you from point A to B safely;
  • Meet the description given when you bought it.

If the car does not meet these requirements, you have the right to claim against the dealer for breach of contract. If there's a problem with the car or it turns out to be not what you were led to expect, you have the right to demand your money back.

You have six months to return the car, without penalty, and at the supplier's risk and expense, if it fails to meet the requirement and the contemplated standards.

If you reject the car, you must stop using it.

If you get a warranty or guarantee, you may be able to claim on that to get any problems fixed. But this doesn't affect your legal rights and you could still reject the car or claim against the dealer.

Anyone selling used cars must be the legal owner or the sale doesn't count. If a car is stolen, the legal ownership usually remains with the original owner. So, even if you buy it, in most cases it won't legally belong to you. If you discover the car you bought is stolen, you should contact the police before it is impounded.

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