Motor warranty and the Consumer Protection Act: the rights you already have

The Consumer Protection Act already gives a consumer a right to goods that are of good quality, in working order and durable. Within six months of delivery, goods that fail that standard can be returned for repair, replacement or a refund. A paid motor warranty plan works alongside those rights, not instead of them.

What does the Act promise on the goods themselves?

Section 55 of the Consumer Protection Act, 2008 (Act 68 of 2008), says every consumer has a right to receive goods that:

• are reasonably suitable for the purposes for which they are generally intended;
• are of good quality, in good working order and free of any defects;
• will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
• comply with any applicable standards set under the Standards Act or other public regulation.

If you told the supplier of a particular purpose and the supplier ordinarily offers such goods or acts as though it knows about their use, you may expect the goods to be reasonably suitable for that purpose (section 55(3)).

In deciding whether the standard is met, all the circumstances of the supply count, including how the goods were marketed, the instructions and warnings, and when they were produced (section 55(4)). Two points help consumers. It is irrelevant whether a defect was latent or patent, or whether you could have spotted it before delivery (section 55(5)(a)). And a defect may not be inferred only because better goods have since become available (section 55(5)(b)).

A car, or a part, can be "goods" under the Act. The standard turns on all the circumstances of the supply, as section 55(4) says.

What is the implied warranty?

Section 56(1) says that in any transaction for the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with section 55. The exception is goods that were altered contrary to the instructions, or after leaving the control, of the supplier concerned.

So the warranty runs through the supply chain. You do not need to buy a plan to have it. You do not have to sign anything.

What is the six-month right to return?

Section 56(2) says that within six months after delivery, you may return the goods to the supplier, "without penalty and at the supplier's risk and expense", if they fail to satisfy the section 55 standard. The supplier must then, at your direction, either:

• repair or replace the failed, unsafe or defective goods; or
• refund the price you paid.

The choice between those remedies is yours.

For a vehicle, practical steps matter. Report the fault in writing as soon as you find it, keep the service record, and keep every message. Ask the supplier for its decision in writing.

What if the repair fails again?

Section 56(3) adds a second protection. If a supplier repairs goods or a component, and within three months the failure, defect or unsafe feature is not remedied, or a further failure, defect or unsafe feature is discovered, the supplier must replace the goods or refund the price.

Section 57 protects work done by a workshop. A service provider warrants every new or reconditioned part installed during repair or maintenance, and the labour to install it, for three months from installation, or longer if the supplier specifies so in writing. That warranty is void if you have misused or abused the part or the goods, and it does not apply to ordinary wear and tear.

Can a seller get round this with "voetstoots" or "sold as is"?

Not by a simple notice. The Act has one specific exception. Section 55(6) says the section 55(2)(a) and (b) rights (suitability, and good quality and working order) do not apply to a transaction if the consumer:

• has been expressly informed that particular goods were offered in a specific condition; and
• has expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition.

So the seller must have told you about the specific condition, and you must have accepted it. A general "sold as is" sticker does not meet that test on its own. If a car was sold with a specific disclosed fault, and you agreed to take it that way, the exception may apply to that fault.

Other limits: section 55 does not apply to goods bought at an auction (section 55(1)), and a notice that limits the supplier's liability must be drawn to your attention in plain language, in a conspicuous way, before you buy (section 49). A term that is unfair, unreasonable or unjust is prohibited (section 48).

Who counts as a "supplier" and a "consumer"?

The Act defines a supplier as a person who markets any goods or services. A consumer includes a person who has entered into a transaction with a supplier in the ordinary course of the supplier's business. So the Act is aimed at businesses dealing with consumers.

That matters for used cars. A purchase from a dealer is a purchase from a supplier. A private sale between two individuals is a different situation, and whether the Act applies depends on the facts. An attorney or the National Consumer Commission can say. If you are unsure, ask who the seller was and keep the sales agreement.

How does a paid warranty plan sit beside these rights?

Section 56(4) says the implied warranty and the right to return goods are "in addition to" any other implied warranty or condition imposed by the common law, the Act or other public regulation, and "any express warranty or condition stipulated by the producer or importer, distributor or retailer". So a plan you buy does not take the Act's rights away.

The two do different jobs.

• The Act's rights are tied to the goods failing to meet the section 55 standard, and the six-month window (and the three-month repair rule).
• A paid plan, as described on our hub, pays for unexpected mechanical and electrical repairs after the manufacturer's warranty has ended, up to a limit per claim, on the plan's terms. See motor warranty or service plan: what each one is for.

If a plan's terms seem to take away rights the Act gives you, section 48 (unfair terms) and section 49 (notice of limiting terms) are the sections to read, and an attorney or the National Consumer Commission can help.

What should I ask before I buy a plan?

1. What does this cover that the manufacturer's warranty or the Act does not already?
2. What is excluded, and where is that written?
3. What is the claim limit, and the age and mileage band?
4. Who approves a repair, and where can it be done?
5. How long is the term, and how do I cancel? (Section 14 of the Act applies to fixed-term consumer agreements. See your rights on a tracker contract, which explains the same rules.)

The provider who calls you is allowed to answer these. Olvian cannot.

What do I do if the seller refuses?

1. Write to the seller, describe the fault, quote the sections above and say which remedy you want: repair, replacement or refund.
2. Keep the invoice, the service history and every message.
3. If the seller refuses, follow the steps in motor warranty claims and complaints.

What does Olvian do?

Olvian is a lead-referral service. You ask once, and your request goes to licensed providers who pay Olvian a fee and call you back. Olvian is not a warranty provider, insurer, broker, dealer or adviser. It does not decide whether a fault is covered or whether your rights under the Act apply.

Sources

Checked on 31 October 2026. Olvian is not a financial services provider and this guide is information, not advice.

• Consumer Protection Act 68 of 2008, Government Gazette 32186: section 1 (definitions of supplier and consumer) and sections 14, 48, 49, 55, 56 and 57.
• Consumer Protection Act Regulations, Government Gazette 34180 of 1 April 2011
• National Consumer Commission