Can I get refunded if I’m sold a defective car?

Ford South Africa has been forced to recall more than 4500 Kuga Ecoboost 1.6 litre models manufactured between December 2012 and February 2014. Ford South Africa’s chief executive Jeff Nemeth announced the recall after more than 50 cases of engine fires had been reported.

This incident has raised the question of whether or not a buyer of a car can get a full refund if it turns out the car has a serious defect. This falls into the domain of the Consumer Protection Act, No 68 of 2008. The CPA serves to protect the interests of all consumers, ensure accessible, transparent and efficient redress for consumers who are subjected to abuse or exploitation in the marketplace and also to give effect to internationally recognised consumer rights.

According to Section 7 of the CPA, a consumer has the:

1. a) Right to demand quality service,
2. b) Right to safe, good quality goods,
3. c) Right to implied warranty of quality.

Will I be able to get my money back?

In terms of section 56 of the act, any product should be fit for purpose for at least six months after purchase. The Ford Kuga hazard is caused by a manufacturing defect, which implies that the owner could return the vehicle within six months of purchase and ask for his/her money back (or a replacement vehicle). The other option is to ask for or accept an offer from Ford to repair the car.

For many reasons, dealers are not just going to just give consumers their money back. The vehicle should first be taken in for the repair and if that fails – or a secondary feature fails and another hazard develops – then the supplier must replace or refund the owner of the vehicle the price that was paid.

Reference:

• The Consumer Protection Act, No 68 of 2008

This article is a general information sheet and should not be used or relied on as legal or other professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your legal adviser for specific and detailed advice. Errors and omissions excepted (E&OE)