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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?”

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.

buying a lemon car

What do you do if you purchase a defective motor vehicle from a new or second hand vehicle? How does the Consumer Protection Act No 68 of 2008 (CPA) and the common law protect you? What do you need to do and what are the guidelines in this situation?

Because of the number of queries we receive on a weekly basis from our clients with regard to damaged and defective vehicle that they have bought; we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

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.

We have been looking at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 & 56 of that Act of Parliament.

As we now know; we as consumers have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale.

This rule also applies to a motor vehicle; both new and used.

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South Africa

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

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