Used car faulty within 6 months? 6 dealers just had to pay up

If a used car you bought develops a serious fault within six months, the dealer has to fix it, replace it or refund you, and you get to choose which. Six recent rulings against car dealers show the National Consumer Commission (NCC) and the courts are enforcing that rule.

The NCC said on 26 October that the High Court in Pretoria and the National Consumer Tribunal handed down the judgments between July and October 2026. Across ten cases, including four not involving cars, suppliers were ordered to refund consumers R1,122,090.70 and pay R555,000 in fines.

Which dealers were ordered to pay?

All figures below are from the NCC's statement:

• Sunward Motors: ordered to refund R302,898 after a used 2016 Ford Tourneo Connect, bought for R341,852.50 in February 2023, broke down several times.
• Kia East Rand: lost its High Court appeal and must refund R245,075 and pay a R50,000 fine over a pre-owned 2015 Audi A3 that overheated and showed oil pressure warnings within weeks. Three repair attempts failed.
• Auto King, Milnerton (Herring & Van der Burgh CC): must pay back R336,117.70 to the buyer and her bank, and a R100,000 fine, over a 2015 Hyundai H1.
• Flawless Cars: fined R100,000 for ignoring an NCC compliance notice to refund a buyer whose Ford Fiesta kept failing within six months.
• Used Car Centre (Affordable Investments CC): had already refunded R200,000, but agreed to a R50,000 fine for sale terms that tried to make the buyer give up their rights on defective goods.
• Spares 4 Africa: lost its High Court appeal against a R75,000 fine for fitting the wrong engine in a 2017 Ford Focus and keeping the car for more than four years.

What happened in the Cape Town Hyundai case?

The buyer paid R328,345 for a 2015 Hyundai H1 with 161,230km on the clock in October 2022, putting down a R90,000 deposit, according to the tribunal judgment. The NCC says the vehicle kept emitting heavy dark smoke, had an oil leak in the turbocharger and a compromised cylinder head.

The dealer argued the van was a high-mileage former taxi and that petrol had been put in its diesel engine. The tribunal found the petrol problem happened in February 2024, after the six-month warranty period, and did not explain the earlier faults (IOL). It cancelled both the sale and the finance agreement and ordered the dealer to collect the vehicle at its own cost (judgment).

What are your rights if your used car is faulty?

Under section 56 of the Consumer Protection Act:

• Within six months of delivery, you can return goods that are defective, unsafe or not fit for purpose, at the supplier's risk and expense. The supplier must repair, replace or refund, as you direct.
• If a repair fails within three months, or another fault appears, the supplier must replace the goods or refund you.

The NCC has warned dealers that they cannot insist on repairing a car when the buyer has chosen a refund. In an explanatory note, it cites a tribunal ruling that a buyer was under no obligation to accept repairs first.

A sale agreement clause that tries to make you give up these rights is prohibited, which is why Used Car Centre was fined (NCC).

How do you complain about a dealer?

1. Put it to the dealer in writing first and keep every email, quote, job card and diagnosis report. In the Hyundai case, a diagnosis by a Hyundai dealership formed part of the evidence (IOL).
2. Escalate to the manufacturer's customer care if the dealer doesn't resolve it, MIOSA advises.
3. Go to the Motor Industry Ombudsman (MIOSA) using its online form, by email at [email protected] or on 010 590 8378 (MIOSA). It aims to decide within 30 days of getting all the documents.
4. Contact the NCC at [email protected] or 012 065 1940 (NCC). Its investigations led to the tribunal cases above.