So you just bought your first car and are very excited about showing it off and all the potential new experiences that you’re going to have. You get home and you notice that it does drive as smoothly as you were lead to believe by the sales man. In a state of panic you ask yourself can I take it back.

Cooling off period

The Consumer protection Act makes provision for a cooling off period in South African law. The main objective of this period is to protect consumers from making rash decisions and being forced to live with them. The law therefore provides consumers with the right to a cooling-off period which usually runs for a certain number of days after conclusion of an agreement allowing the consumer to cancel the agreement or contract.

Section 16 of the above mentioned Act allows consumers to rescind a transaction resulting from any direct marketing without reason or penalty. The consumer needs to give notice to the supplier in writing or any other recorded form within 5 business days after the date on which the transaction or agreement was concluded or the goods were delivered.

A supplier must then refund any payments received from the consumer in terms of the agreement within 15 days after he/she has received the notice of cancellation to the consumer and the consumer must return any or all goods (in this case a car) received from the supplier to the supplier.

Does the cooling off period only apply to deliverable good?

The  simple answer to the above question is no, the regulations of the Act apply to tractions such as franchise agreements, purchase of immovable property in terms of the Alienation of Land Act, 68 of 1981 etc.

What happens if I only realise that the goods are defective after the cooling off period?

Section 56 of the Act addresses the issue of an implied warrant of quality. Subsection (2) of this section states that within six (6) months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55 and the supplier must, at the direction of the consumer either repair or replace the failed, unsafe or defective goods or be refunded the price paid by the consumer for the goods.

Tips:

• If you notice anything wrong with any recent purchase immediately bring same to the attention your attorney (or insurance for those with legal insurance) and the supplier. Contrary to popular belief it will not work any better after giving it a few days.

Disclaimer:  this is general advice and should not be relied upon solely. Speak to a legal professional for further information