Rust on the floor of a new vehicle which was detected two months after the vehicle was purchased in November 2017 became the subject of a legal wrangle in the Gauteng High Court (Pretoria).

A Pretoria News report says the Lazarus Motor Company – which sold the vehicle – refused to repair it at its own cost, claiming the buyer Robert Williams spilled pool acid in the area which caused it to rust.

Williams relied on the Consumer Protection Act in his bid to have the vehicle fixed.

The Lazarus Motor Company turned to the court to appeal an order issued by the National Consumer Tribunal in which the company was told to fix the vehicle.

But on appeal the dealership argued that the vehicle was not defective, as Williams had bought it primarily for transportation.

Despite the rust, the car could nevertheless transport him and it has done so for 170 000 kilometres, the court was told.

The dealership said Williams even agreed that the vehicle was in good working order and of good quality and that he was able to drive it around without any problem.

Judge Nomsa Khumalo, in a concurring judgment, said it was clear that the rust had spread extensively throughout the vehicle, affecting the metals, notes the Pretoria News report.

Although the vehicle could still be used to get Williams where he wanted to be, it was not meant to have rusting or corrosion on any of its parts as a new vehicle.

‘As a result, due to the existence of the rust one can say that the vehicle is less acceptable and unsafe than people generally would reasonably be entitled to expect from the goods of that type, a brand new car. This indicates a defect in the vehicle,’ she said.

While the dealership maintained that the rust was caused by acid and there was no fault regarding the manufacturing process of the vehicle, the judge said there was no evidence that acid had in fact been spilled in the car.

An expert testifying for the dealership said he had never encountered this problem or heard of a complaint regarding rust on a manufactured car.

But the judge said this did not imply that it will never occur.

The dealership also argued that Williams was happy when he bought the car and did not mention any rust at the time.

Khumalo said it was important to remember that he was not an expert in cars or the manufacturing process; as such, he could not have known – in the event that he was a fair buyer – where and how to check for defects when he bought the car.

‘This fault is clearly a latent defect, the rust was hidden under the carpets, it was not visible or apparent upon inspection of the vehicle,’ she said.

The judge turned down the appeal and ruled that in line with the Consumer Protection Act, the dealership had to fix the rust.

Full Pretoria News report in The Star

Judgment