You have just driven off the showroom floor with your brand spanking new (to you) car, feeling like the coolest cat in town. But then disaster strikes. Your car starts making noises louder than your neighbour's early morning lawn mowing, and you realise you've got a lemon. What now?
In this blog, we explain the car lemon law and how it can help you.
What is the car lemon law?
The car lemon law is a legal provision that protects consumers who have purchased a defective vehicle. The law allows consumers to seek a refund or replacement vehicle if their car has a serious defect or recurring problems that cannot be fixed after a reasonable number of attempts.
The car lemon law is typically invoked within a certain period after the purchase of the vehicle, which varies depending on the jurisdiction. In South Africa, the Consumer Protection Act (CPA) provides guidelines on how to deal with defective cars.
How does the car lemon law apply in South Africa?
In South Africa, the car lemon law is outlined in the CPA. The Act protects consumers against purchasing defective vehicles and it applies to new and used vehicles. However, the CPA only applies to vehicles purchased from a dealership or private seller, and it does not cover cars bought at an auction.
If you purchase a vehicle that turns out to be a lemon, the CPA provides you with the following options:
Repair or Replacement
If a vehicle has a defect or recurring problem, the dealership must first attempt to repair the vehicle. If the defect persists after a reasonable number of attempts, the dealership must either replace the vehicle or refund the purchase price.
Refund
If the dealership cannot repair the vehicle or replace it with a similar one, they must refund the full purchase price, including any deposit, trade-in allowance, or finance charges.
Avoid car buyer's remorse - know your rights.
The car lemon law provides consumers in South Africa with protection against the purchase of defective vehicles. The CPA outlines the options available to consumers who have purchased a lemon, including repair or replacement and refund. If you find yourself in this situation, it is essential to understand your rights and seek legal advice if necessary.
You have the right to return the used car you bought to the seller within six months, under specific conditions that exclude normal wear and tear. If you can show a legitimate defect, you are entitled to request a refund, repair, or replacement.
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