Hello Mabs
I bought a car from an auction three weeks ago and insisted on seeing the Dekra report before bidding. The report showed there were no defects, so I was happy and placed the winning bid. The salesperson kept reminding me that the car was sold “as is” and congratulated me on getting a great deal.
After driving it for a week, the gearbox fell apart, and the repair quotes are beyond what I can afford. I’m now back to using public transport. When I contacted the auction, they refused to address my query. I believe they knew something was wrong with the car and concealed it. What are my rights in this situation?
Mabs Answers
Buying a vehicle should be a joyful experience, not one filled with uncertainty and frustration—especially when the car becomes undrivable and requires major repairs. Auctions often use the term “voetstoots,” meaning the car is sold “as is.” However, this does not apply if the seller failed to disclose significant issues or deliberately withheld critical information.
While auctioneers may have specific terms and conditions for each sale, these do not override the Consumer Protection Act (CPA), which safeguards consumer rights. Start by ensuring that the auction house complies with the CPA.
If you suspect that the auctioneer knowingly misrepresented the car’s condition, you can report them to several regulatory bodies, including:
- The National Consumer Commission (www.thencc.org.za)
- The South African Institute of Auctioneers (email:[email protected])
- The Motor Industry Ombudsman of South Africa (email: [email protected]).
I wish you the best of luck in resolving this issue.
