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defective motor web 

What are your rights when your vehicle breaks again as a result of soddy workmanship?

We still get a lot of enquiries from clients and consumers who feel that they have been ripped off.

A recent example was of a client who had his vehicle repaired by a service provider in Welkom in the Orange Free State.

 “My vehicle broke down on the N1 four months ago. I had the vehicle towed to a service centre in Welkom with an oil leak on the Gearbox. They ended up redoing the engine which took more than 4 months. After doing the engine on the vehicle and when it was still in their workshop; there was a bearing knock and they had to redo the engine again. I had already paid them R162 000.00 for this first repair and they then wanted to charge me again for the second repair even though they never returned the vehicle to me and they failed while the vehicle was still with them to repair it properly in the first place in terms of their quote. What are my rights?”

 

lemon car banner

During the course of this last month we did a blog on Accident damaged vehicles being Defective Motor Vehicles and in that blog we also covered the consumers rights, in terms of the Consumer Protection Act No 68 of 2008(CPA), to claim a repair, a replacement or a refund of the purchase price from the dealer and/or service provider in the event that the consumer had bought a defective/accident damaged vehicle.

We continue to get daily inquiries about this problem.

A purchaser also has similar rights in terms of the common law, in the possible event that the CPA is not applicable in the circumstances of any particular case. This can occur for example when the 6-month statutory period since the date of sale has already expired.

CONSUMERPROTECTION

Motor vehicles are one of our most prized possessions and yet many of us have nightmares when we buy a motor vehicle from a dealership and we have numerous problems with the vehicle we bought.

This happens often; but there is a solution.

Over the past month; we have had numerous queries from consumers who have bought cars from second hand car dealers; and who are a short while later, discovering various serious defects in those vehicles.

This clearly is a problem and the dealers, by and large, do not abide by the law or otherwise seek to interpret in a manner which is beneficial to them and not the customer.

defective vehicle

Within six months after the delivery of goods, a consumer may return the goods to the supplier without penalty and at the supplier’s risk and expense

We did a blog last week on the difference in approach now under the CPA and the previous situation where a consumer could only rely on the common law for a remedy if they bought a defective car and in response, we received the following query:

“Please explain to me how the implied warranty in terms of the Consumer Protection Act works as I also recently bought a defective motor vehicle which has now cost me R 37500.00 to repair and is still not 100%. What are my rights in this instance?”

Consumer Protection

The answer to this question is found in The Consumer Protection Act: No 68 of 2008(CPA): Section 55: Consumer’s rights to safe, good quality goods:

“Quality is everyone’s responsibility” is a quote by W. Edward Deming; and should be aspired to by all of us.

In our previous blog we looked at what you can do if you buy a defective item.

Now we look at why it is that we enjoy that protection.

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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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