Consumer Law

  • The Consumer Protection Act No 68 of 2008 (CPA) and the Common Law: Cancellation of Lease Agreements:

    Prior to the Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31st March 2011; the law of contract and the common law covered the issue of when and how a tenant went about cancelling a lease agreement.

    That has all now changed since the commencement date of the CPA; and tenants and landlords need to be aware of the statutory provisions of the Act; which now cover the early termination and cancellation of lease agreements.

  • The Consumer Protection Act No 68 of 2008 (CPA): Expiry and Renewal of fixed term contracts/agreements, especially Leases. Continued: Section 14 (3) & (4).

    Today; to finalise this set of blogs on the above topic; we look at the last two subsections of section 14 dealing with the expiry and renewal of fixed term contracts and once again we will concentrate on leases as this is the most frequent source of enquiry; although the provisions of the whole of section 14 apply to ALL fixed term contracts.

  • The Consumer Protection Act No 68 of 2008 (CPA):  How it protects buyers of Motor Vehicles and other Major Purchase Consumer Items.

    The Consumer Protection Act (CPA), No 68 of 2008, came into operation at midnight on the 31st March 2011.

    It is an extraordinary piece of legislation protecting consumers from all sorts of previously bad business practices.

    We, at The Legal Advice Office, get a lot of enquiries from clients and consumers who feel that they have been ripped off especially when it comes to the poor quality of motor vehicles that they have purchased

  • The Consumer Protection Act: No 68 of 2008: (CPA): Motor Vehicles and Consumer Rights:

    The purchase of defective or previously accident damaged motor vehicles seems to be a hot topic at the moment.

    Why this would be the situation we are not sure; but in some ways is not surprising.

  • As a result of a number of queries in this regard we intend today to go over the above topic again.

    Although not really a part of our core business; we often get inquiries about either buying or selling a business; and often give legal and financial advice on this aspect of Commercial Law.

  • We have this week looked at the CPA; but today we will look at something completely different and will share with you some tips on the buying of residential property.

    Your house is your home and probably your biggest ever investment. It helps to study in detail all aspects of the purchase of a house before making the investment.

    There are, in my view, as a previously practising Conveyancer, 6 simple factors that should always be checked out by anyone looking to buy a residential property.

  • commercial lease ending

    Landlords often refer to an early cancellation of a lease agreement by the tenant as “a breach of contract.” This is not the case.

    At The Legal Advice Office, we receive emails every single week from tenants who want to inquire about the possibility of terminating their lease agreements.

    There are many reasons for this. Some are purely financial reasons, some because their businesses are not viable, sometimes it is because they want to relocate either from one city or town to another or simply to change the venue for their business.

    In other case, it is because they were misled by the landlord or the agent at the time of entering the lease eg with regard to a misrepresentation as to the amount of anticipated foot traffic for their particular centre.

    If you have valid grounds a lease agreement may be terminated and cancelled in terms of the common law.

  • Consumer Law | The Legal Advice Office

    Consumer law advice and legal services especially pertaining to the purchase of defective and damaged motor vehicles and your remedies in these circumstances. Cancellation of Leases and contracts etc.  

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  • The Consumer Protection Act: No 68 of 2008 (CPA): Section 55: Consumer’s rights to safe, good quality goods.

    The Consumer Protection Act, No 68 of 2008; (CPA); which, as mentioned in our last blog, 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.

  • The Consumer Protection Act No 68 of 2008 (CPA): Section 56 (2): Consumers rights and choices.

    We were looking in our last blog at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 ( & 56) of that piece of legislation.

    There is still a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.

  • What do you do if you purchase a defective motor vehicle from a new or second hand vehicle?

    What recourse do you have?

  • What grounds do I need to cancel a sale?

    What process must I follow?

  • 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.

  • 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.

  • 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.

  •  At own risk

    An indemnity is an agreement in terms of which one party indemnifies another from liability for certain possible future events, liability and risk for such an event.

    Eg: In a garage or a mechanics workshop a sign that reads “Cars are driven at the owner’s risk” or in a parking garage “Cars are stored at the owner’s sole risk.” These are general terms of indemnity that a service provider wants you to agree to, and can also often be found on quotations and invoices.

    Today; we thought we would try and answer this question which was sent to us last week on Friday.

  • The Consumer Protection Act No 68 of 2008 (CPA): Leases: Some important terms and conditions:

    In our last blog we looked at the early termination of lease agreements,

    In this blog we intend to renew our acquaintance with some of the provisions of the Consumer Protection Act No 68 of 2008 (CPA) dealing with leases and some of their terms and conditions in general in the CPA.

  • The Legal Advice Office in South Africa

    The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

    Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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  • One of the issues that crops up on a regular basis with The Legal Advice Office are queries and advice sought from us when you have been lied to or, at least, not been told the truth, the whole truth and nothing but the truth.

    If someone sells you an item, for example a motor car, and they do not fully disclose to you any defects in that vehicle that they knew about or should reasonably have known about; then you have certain legal rights and recourse.

  • Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    It consists of Part A to Part D and covers sections 68 to 78 of the CPA.

    So how does the CPA protect a consumers rights?

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Legal Advice Office

South Africa

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Phone: +27 (028) 316 2832
Email: info@legaladviceoffice.co.za