11
Apr '18

car dealership problem

Consumers must be very careful about agreeing to buy goods that are sold “voetstoots” or “as is” as they thereby waive their rights to a very large extent.

Yesterday; we had an inquiry from a lady who had bought a second hand 2014 BMW from a second-hand dealer in Gezina, Pretoria.

She bought the car for R 110500.00 in a cash deal on the 26th January 2018 and took delivery on that same day after it had been roadworthied and transferred into her name by the dealer.

For the next two months there were no major issues with the car but on the 27th March 2018 the car broke down on the M3 in Johannesburg and had to be towed into a BMW dealership in Johannesburg for repairs. The quote for repairs to the engine was for R 34500.00 and the diagnostic test showed major wear and tear and also damage to the cylinder head and pistons which had clearly been there for at least the last 6 months.

What were her legal rights?

10
Apr '18

 return goods

Many businesses and suppliers blatantly operate outside the legislation and in so doing very often knowingly dupe their customers

We get a lot of enquiries every single week from clients about whether, when and how they can go about returning faulty or damaged goods.It is really disturbing to realise how many suppliers, big and small, continue to ignore the basics of consumer protection and in particular the provisions and duties on suppliers created by the CPA.

Despite the fact that the Consumer Protection Act No 68 of 2008 (CPA) came into force at midnight on the 31st March 2011; which is more than seven years ago now, many businesses and suppliers continue to operate outside the legislation and some do so blatantly and knowingly very often duping their customers, at the same time, so as to save themselves a great deal of money and effort. Some actions reported to us border on criminal and commercial fraud.

02
Apr '18

 car sally sell car privately

We recently assisted a purchaser who had privately bought a motor vehicle from another private individual as a seller.

The Toyota Corolla motor vehicle seemed at the time of the sale to be in good condition and the purchaser paid the seller the full purchase price of R 96000.00 by EFT and then took delivery of the vehicle. A short simple deed of sale was signed by both parties.

Everything seemed to be in order.

23
Mar '18

woman faulty car

You could call us “problem solvers!”

At The Legal Advice Office, we provide people with proper, professional and personal legal advice and services and attempt always to act in their best interests and to resolve their legal problems for them.

You could call us “problem solvers!”

Sometimes we are successful and sometimes we are not, but we always try our best and for us, our clients come first and must be given the best possible legal advice and service. We therefore always insist on full detailed instructions by email so that we can provide that service.

07
Mar '18

 Auto Repair shop 2

“Why is it that we now have legal recourse if we buy a motor vehicle which is defective or which was previously involved in an accident and this fact was not disclosed to us at the time that we bought the vehicle?”

 This is the question we were asked via our website.

The answer to that question is that you have protection depending on the facts in both the common law of contract and also probably/possibly in terms of the Consumer Protection Act: No 68 of 2008 (CPA).

In terms of the common law, you would have to rely on a breach of the contract terms by the seller of the motor vehicle or his/her bad faith, misrepresentation or failure to disclose.

26
Feb '18

salesman trust

Goodwill is essential for any business and good service is paramount to keeping your customers.

As Jerry Flanagan said:

“ Customers are like teeth. If you do not look after them, they go away one by one until there are none left.”

It is a pity that so many service providers do not give sufficient attention to their service delivery.

You get a real shock when you find out that an item that you just purchased is not working as it should or is defective and you paid a great deal of money for it.

25
Jan '18

That does not mean reading, writing and arithmetic as per the school syllabus.

It means: Repair, replace or refund.

These are your 3 choices you have in the event of a material defect in an item that you have bought.

25
Jan '18

Consumers now have the right to quality goods and services!

The Consumer Protection Act, No 68 of 2008; (CPA); which came into effect at midnight on the 31st March 2011 has changed consumer law in the RSA irrevocably.

There are a number of innovative consumer protection mechanisms in the CPA which are revolutionary in nature.

25
Jan '18

Hundreds of cars are bought and sold each day in the RSA.

If you bought a vehicle that is either defective or damaged or not fit for its intended purpose; what can you do about it?

Here is a case study.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za

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