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New but Defective car

The supplier’s written guarantee does not replace the warranty created and contained in the CPA.

A Case Study

In response to our last blog on the consumer’s right to a repair, replacement or refund; we received the following query on Saturday morning.

“I read your blog on section 56(2) of the CPA on Facebook. My situation is different. I bought a new vehicle from a BMW dealer in Benoni in a cash transaction. Within a period of 6 months, the vehicle had to go in for repairs on two occasions, the last time was on the 22nd March 2018. On both occasions, the dealership repaired the vehicle at their own expense. In both instances; the repairs related to mechanical problems with the vehicle's transmission. In the last week the vehicle has again broken down and I am now at my wit's end. Do I have to allow them to repair the vehicle yet again or can I still insist on a replacement or a refund of my money?”

This subsection makes it clear that that argument does not hold any water; and is both factually and legally incorrect.

The Consumer Protection Act No 68 of 2008 (CPA):

Section 56(3) & (4):

We have answered this client’s query directly with him; and will explain the situation to our readers in this blog.

The vehicle has already been in for repairs on two occasions within 6 months of the date of purchase.

Can he now still obtain a replacement or demand a refund?

The vehicle clearly has a defective transmission as both repairs relate to the transmission.

The question is; can our client now insist on a replacement vehicle or a refund?

Yes; he can.

He and we ourselves will rely on section 56(3) of the CPA.

This is a formal legal process and must be dealt with properly and professionally.

As our client chose a repair in terms of the CPA when his vehicle developed a material defect within the 6-month statutory period; he and we can rely on section 56(3) now that a repair has been done to enforce his further consumer rights.

Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:

“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”

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South Africa

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Email: info@legaladviceoffice.co.za

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