When a Dream Car Becomes a Nightmare

Imagine finally buying your dream car (a powerful BMW M5) only for the engine to give in just months later.
That’s exactly what happened to Mr Links, who bought a 2012 BMW M5 from Platinum Wheels (Pty) Ltd in June 2018 for a hefty R 679 500 (including VAT).

Within weeks of driving away, warning lights started flashing. The car vibrated at high speeds, consumed excessive fuel, and eventually suffered complete engine failure. The repair quote? R 509 078.46, nearly as much as the car itself.

When the dealership refused to repair or refund the vehicle, claiming it was sold “as is”, Mr Links took the matter to the National Consumer Tribunal (NCT), which ruled in his favour. Platinum Wheels appealed, all the way to the Supreme Court of Appeal (SCA), and lost again.

What the Court Decided

In Platinum Wheels (Pty) Ltd v National Consumer Commission & Another (612/2023) [2024] ZASCA 163 (29 November 2024), the SCA reaffirmed that car dealerships cannot escape liability under the Consumer Protection Act 68 of 2008 (CPA), even when they use “as is” clauses or sell used vehicles.

The Court held that:

• The dealership supplied goods that were not of good quality and not fit for their intended purpose, violating sections 55 and 56 of the CPA.

• The defects were serious, latent, and manifested almost immediately after delivery, not normal “wear and tear.”

• The Tribunal was correct to order a full refund of R 679 500, inclusive of VAT, and the return of the defective car to the dealer.

In short: even high-end, second-hand vehicles must still meet the same legal standard, safe, reliable, and durable.

Why This Case Matters to South African Car Buyers

This ruling isn’t just about one man and a BMW M5, it’s a victory for every consumer who’s ever been told,

“Sorry, you bought it as is.”

Here’s what it means for you:

• If your car breaks down soon after purchase, you’re not stuck, the CPA gives you strong rights to repair, replacement, or refund.

• A dealership cannot hide behind fine print or vague excuses once defects appear early.

• Even luxury or used vehicles come with a legal guarantee of quality and durability.

If a dealer refuses to assist, you can:

• Demand a remedy in writing under section 56(2) of the CPA.

• Lodge a complaint with MIOSA (Motor Industry Ombudsman) or the National Consumer Commission.

• Refer the matter to the National Consumer Tribunal for an enforceable order.

What You Should Do if This Happens to You

1. Collect evidence: your sales agreement, finance contract, dealer communications, repair quotes, and photos of defects.

2. Send a written demand (I can help draft this) requesting refund, repair, or replacement under CPA sections 55 & 56.

3. Escalate the matter to MIOSA or the National Consumer Commission if ignored.

4. Avoid “quick fixes”, once you accept an informal settlement, you may lose your right to a full refund.

Why I Serve Consumers in These Matters

I understand the frustration of being dismissed by dealerships who act as though they’re above the law.
I’ve personally had to return defective vehicles and insist that the CPA be applied correctly, and I’ve helped clients do the same successfully.

Too often, consumers feel intimidated or believe they can’t fight back because “it’s too expensive” or “dealers always win.”
They don’t, not when you know your rights and take the right steps early.

How I Can Help You

• I’ll review your contract and vehicle history to confirm whether you qualify for a refund or replacement.

• I’ll draft your CPA demand letter and guide you through the MIOSA or Tribunal process.

• I’ll ensure every step is legally compliant and documented, protecting you if escalation is needed.

• I can also help you buy safely next time, from vetting sale agreements to checking for CPA compliance.

👉 Need help returning a faulty car?
Email me at admin@legalassistsolutions.co.za

About the Author

Melissa Opukiri
Admitted Attorney (Non-Practising) | Court-Annexed Mediator | Legal Consultant
Founder of Legal Assist Solutions – providing ethical, affordable, and practical legal resources for consumers, small businesses, NPOs, and churches across South Africa.