Consumer Protection Act

  • 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):  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.

  • 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.

  • 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.

  • 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.

  • 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.

  •  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.

  • 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.

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

    At The Legal Advice Office, we often get asked about refunds due to consumers in terms of either the common law or in terms of the CPA.

    As a result of yet another two enquiries today regarding firstly, the recent purchase of motor vehicle which was previously involved in a collision (which fact was not disclosed to our client) and secondly, with regard to a vehicle that was bought last month and which quite clearly has numerous material defects which have now become apparent to the purchaser since the date of sale; we thought that we need to explain this issue of when you are entitled to a refund one again today.

  •  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.

  • As we saw on our last blog; that 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 it covers sections 68 to 78 of the CPA.

    In our last blog, we looked at section 69.

  • We were looking in an earlier blog of this week at section 55 and the implied warranty with particular emphasis on the sale of motor vehicles and disgruntled consumers who had recently bought a new or used vehicle from a motor car dealership and discovered defects or damage to its components shortly after the sale.

    If this situation has happened to you; you have the protection of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; unless you caused the damage or defect to the vehicle yourself.

  • n our last two blogs we have been looking again at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) 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.

  • 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.

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(3).

    In our last blog we looked at Sections 55 (3).

    Today we will turn our attention to section 55(4).

    Section 55 (4) in its totality reads as follows:

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Legal Advice Office

South Africa

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