The recent National Consumer Tribunal judgment involving We Buy Cars made headlines for the size of the penalties imposed, millions in fines and consumer refunds. But what is far more important than the numbers is why this outcome came about.

This was not a case of a dealership voluntarily taking responsibility. It was not driven by a sudden desire to improve accountability or align internal policies with the Consumer Protection Act (CPA). It happened because a formal legal process forced compliance with obligations that already exist in law.

Unfortunately, this reflects the reality many consumers face when buying a faulty vehicle in South Africa

Compliance Only When There Is Pressure

The We Buy Cars matter arose after a prolonged investigation by the National Consumer Commission. The Tribunal ultimately issued a binding order, compelling the dealership to:

• Pay a significant administrative fine: R2 500 000

• Refund affected consumers: R3 419 971.83

• Amend contract terms that were not CPA-compliant

• Implement corrective consumer-facing measures

These outcomes did not come easily or quickly. They came after years of consumer complaints and regulatory intervention.

This is an uncomfortable truth: many dealerships only comply once there is sufficient pressure or force, even when the law is clear and the consumer’s rights are supported by evidence.

The result? Consumers carry the frustration, financial loss, and disruption long before any resolution is reached.

The Reality for Consumers With Defective Vehicles

I speak about this issue not only as a legal professional, but also as someone who has been that consumer, more than once.

There is a particular kind of hardship that comes with buying a vehicle, only to discover major defects shortly after delivery:

• The car is constantly in for repairs

• You are left without reliable transport in a large city

• You are facing unexpected and often unaffordable repair bills

• The dealership becomes defensive, dismissive, or unresponsive

Even when defects are clearly documented and reported, many consumers are met with resistance when they ask dealerships to comply with the CPA. Responses are often anything but cooperative.

This is where stress escalates, because most people need their vehicle to work, earn an income, and live their daily lives.

Why Knowing Your Rights Is Not Enough

The Consumer Protection Act provides strong protections, especially within the first six months after purchase. But in practice, simply knowing your rights is not enough.

What truly determines the outcome is:

• How quickly you act

• What you say and what you put in writing

• How the issue is framed from the very first report of a major defect

Delays, informal conversations, and back-and-forth discussions without a clear strategy often weaken an otherwise valid claim.

I have seen many consumers lose valuable time (and leverage) by trying to reason with dealerships for months, only to discover later that their position has been compromised.

The First Six Months Are Crucial

Under the CPA, the first six months after purchasing a vehicle are critical when it comes to defective goods.

This is the window where:

• Remedies such as repair, replacement, or refund are strongest

• Evidence must be properly documented

• Communication with the dealership must be precise and strategic

Intervention needs to happen the moment a major defect is identified not after repeated failed repairs or prolonged disputes.

This early stage is where the most time, money, and stress can be saved.

Why Strategy Matters: and Where I Come In

What I offer is not just information about your rights, but a clear strategy on how to enforce them.

That includes:

• Guiding you on how and when to formally notify the dealership

• Helping you frame the issue correctly under the CPA

• Ensuring communication protects your legal position

• Preventing unnecessary delays and costly back-and-forth disputes

The We Buy Cars judgment shows that accountability can be enforced but it also shows how long and difficult that road can be when consumers are left to navigate it alone.

If you are dealing with a dealership that refuses to take responsibility for a vehicle with major defects, early, strategic intervention can save you significant time, money, and emotional strain.

That is what I am passionate about, because I know exactly what it feels like to be on the other side of this process.

If you are facing issues with a defective vehicle and are unsure how to approach the dealership or enforce your rights under the Consumer Protection Act, professional guidance at the right time can make all the difference.

Melissa Opukiri

Legal Assist Solutions
📧 Email: admin@legalassistsolutions.co.za
📞 Phone/WhatsApp: +27 63 875 9658
🌐 Website: www.legalassistsolutions.co.za