Bought a Broken Car? The '6 Month Rule' to Return It

The Hook: It looked perfect on the showroom floor

You signed the papers, paid the deposit, and drove off smiling. Two weeks later, the gearbox is grinding, or the engine light is flashing like a disco ball.

You call the salesman. He says: "Sorry, you signed the contract. It was sold 'footsstoots' (as is). Not our problem."

He is lying.

If you bought from a dealership (not a private individual), the Consumer Protection Act (CPA) gives you a "statutory warranty" that cannot be overridden by any contract you signed.

The Short Answer: Can I return it?

Yes. Under Section 56 of the CPA, if a vehicle (or any goods) breaks due to a defect within 6 months of purchase, you can return it.

You—the consumer—get to choose the remedy:

1. Repair (at the dealer's cost), OR
2. Replacement (with the same/similar car), OR
3. Refund (full price paid).

Note: The dealer cannot force you to accept a repair if you want a refund.

Step 1: Dealer vs. Private Seller (Crucial Distinction)

The CPA only applies to transactions in the "ordinary course of business."

• Dealership: CPA applies. It doesn't matter if it's a huge national chain or "Uncle Bob's Auto Corner." If they sell cars for a living, you are protected.
• Private Seller: CPA usually does NOT apply. If you bought a car from a guy on Gumtree or Facebook Marketplace who is just selling his old bakkie, the "Voetstoots" clause IS valid. If it breaks, it's your problem (unless he actively hid a defect, which is fraud).

Step 2: The "Voetstoots" Myth

Dealers love to write "Sold as is" or "Voetstoots" on the contract. They might even make you sign a separate waiver saying you "accept the car with all faults."

This is illegal and unenforceable.

The CPA says you cannot sign away your rights. A dealer cannot sell you a defective car and hide behind a "Voetstoots" clause. The only exception is if they listed specific defects (e.g., "cracked windscreen") and you agreed to buy it with those specific flaws.

Step 3: It broke. Now what?

Do not just fix it yourself. You must give the dealer the chance to resolve it, but on your terms.

1. Stop driving it (if possible) to prevent further damage.
2. Notify the Dealer in Writing: Send an email immediately. Do not rely on phone calls.
   • Subject: Defective Vehicle Return - [Make/Model] - Section 56 CPA Claim
   • Body: "I purchased this vehicle on [Date]. A material defect has manifested [describe issue]. In terms of Section 56(2) of the Consumer Protection Act, I strictly require a [Refund/Repair/Replacement]."
3. Return the Car: You usually have to get the car back to them.

Step 4: The Pushback

Dealers will try everything to avoid a refund.

• "We need to send it for diagnostics." (Fair, let them check it).
• "It's just wear and tear." (The CPA covers defects, not normal wear. But a gearbox failing in month 2 is not "wear and tear").
• "You drove it too hard." (They have to prove this).

The "Failed Repair" Rule

If you choose to let them repair the car, and the defect persists (or a new one appears) within 3 months of that repair, the dealer cannot attempt a second repair. They must refund or replace the vehicle.

Who helps if they refuse?

If the dealership ignores the law:

1. MIOSA (Motor Industry Ombudsman): They are the first port of call.
2. NCC (National Consumer Commission): If MIOSA fails.

Don't Drive a Lemon

You paid good money for a working vehicle. The law protects you from being stuck with a scrap heap.

Struggling to get a refund? Find a consumer law expert on LekkerLaw to draft a serious Letter of Demand.