Advertising and availability
Vehicle advertisements must be accurate, in plain language and not misleading. Stock, specifications, mileage, history, condition, price and photographs remain subject to verification. A vehicle may be removed when sold, reserved or found unsuitable for sale. Bait marketing, false discounts and hidden compulsory extras are prohibited.
Price disclosure
The advertised cash price should be displayed clearly and should not conceal mandatory charges. Finance instalments, where shown, must identify material assumptions and are not a substitute for the credit provider’s pre-agreement statement and quotation. Optional products must be separately disclosed and accepted.
Vehicle condition and history
Before sale, the contracting dealer should provide the legally required and transaction-appropriate disclosures concerning known defects, prior use, reconditioning, accident or write-off information known to it, odometer information, code or status, roadworthiness responsibilities, warranties and any items excluded from the sale. Buyers should inspect and test-drive the vehicle and obtain an independent inspection where desired.
Consumer Protection Act
Where the Consumer Protection Act applies, consumers have rights concerning plain language, fair marketing, disclosure, fair terms, quality, safety, redress and the statutory warranty of quality. A blanket “voetstoots” term cannot remove rights that the law does not permit a supplier to exclude. The remedy available depends on the facts, applicable law and transaction documents.
Cooling-off and cancellation
There is no universal automatic cooling-off period for every motor-vehicle purchase. Rights may arise in specific circumstances, including certain direct-marketing or electronic transactions. Credit-agreement termination, vehicle-return and settlement rights are governed separately by the National Credit Act and the agreement. Obtain advice before assuming a transaction can be cancelled without cost.
Finance and optional products
Finance is subject to affordability and credit-provider approval. Insurance, warranties, service plans, maintenance plans and other value-added products must be explained with material costs, benefits, exclusions, waiting periods and cancellation terms. Optional products may not be represented as compulsory unless the specific requirement is lawful and accurately disclosed.
Complaints and redress
Raise an issue promptly and keep the advertisement, offer, condition report, agreement, invoice, communications and supporting evidence. Use our Complaints Handling Process. The appropriate external route may include MIOSA, the FAIS Ombud, a credit ombud, the National Consumer Commission, a provincial consumer authority, the Information Regulator or a court, depending on the issue and parties.
Important distinction
The seller of a vehicle, the dealer introducing an application, EJS Finance and the credit or product provider may be different legal entities. The responsible party and available remedy must be determined from the signed transaction documents and the conduct complained of.