The Consumer Protection Act puts second-hand car salespersons (or the seller of any other second-hand goods) in the unenviable position of facing a possible 'come back' within 6 months after the goods are sold. For the consumer, the Act now offers protection against the purchase of defective goods, sometimes from questionable sources.

An individual, once-off sale will not be affected by the Consumer Protection Act - the goods must have been sold 'in the ordinary course of business'.

What the Consumer Protection Act has done is make the voetstoots clause, which used to be the 'get out of jail free card' for second hand car salesmen, worth little more than the paper it is written on.

In order for the voetstoots clause to work for the salesman, he will have to list all of the defects of the car. The buyer would then have to sign and acknowledge the presence of these defects. If any defects - other than those listed and accepted ­- are discovered within 6 months of the date of sale, then the consumer will have the right to insist on repair, replacement or refund.

Great news for the consumer … not such great news for second-hand car salesmen.