03/02/2026
Important Legal Update: CPA Compliance for Used Vehicle Dealers
Recent court decisions, including Meiring v RC Auto and Others (2025), have clarified and strengthened the legal position relating to the sale of second-hand motor vehicles and compliance with the Consumer Protection Act 68 of 2008 (“the CPA”).
The courts have confirmed that dealers may no longer rely on “voetstoots” clauses to avoid liability for defective vehicles. Dealers are required to ensure that vehicles sold are of reasonable quality and that any prior accident damage or defects are fully and properly disclosed to consumers.
It has further been confirmed that where defects are identified within six (6) months of the date of sale, the consumer is entitled to demand a repair, replacement, or a full refund, in accordance with the CPA. Where material defects or a vehicle’s accident history were not disclosed, the consumer may be entitled to cancel the sale and claim a refund of the full purchase price, together with associated legal costs.
In summary, the legal position has become more stringent and now places a heightened duty on dealers to properly inspect vehicles and to make full, honest, and accurate disclosure prior to sale.
Dealerships are advised to review their inspection procedures, sales documentation, and disclosure practices to ensure full compliance with the CPA.
Prepared by Juanita Vorster, Senior Associate at De Wet Wepener Incorporated.
This commentary does not constitute legal advice. Persons requiring professional legal advice are invited to contact our offices to arrange a consultation.