Court rules woman can get refund for faulty Ford Ranger

IN a victory for consumer rights protection, the Supreme Court of Appeal (SCA) ruled that a woman who had returned the 2012 Ford Ranger she had bought for her son but had the wrong gearbox fitted was within her rights to do so.

- ZELDA VENTER

FirstRand Bank, which financed the vehicle under a credit agreement, objected and said she had waived her right to cancel the financing agreement by first sending the vehicle for repairs. It argued that the Consumer Protection Act (CPA) did not apply to the transaction.

The High Court earlier agreed with the bank and ruled against purchaser Aletta van Niekerk. She subsequently turned to the SCA, which in turn ruled that Van Niekerk did not waive her common law rights.

It found that her reliance on the legal remedy, which allows a buyer to cancel a sale and get a full refund for the purchased item with a hidden defect that existed at the time of the sale, was justified.

Van Niekerk bought the Ford Ranger 3.2 TDCI 4x4, automatic vehicle in December 2017, from a dealership in the North West Province. She subsequently signed a credit agreement with the bank and paid a deposit of R150,000.