Consumer Protection Act: Damaged goods

  • 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): 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.

  • 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.

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

    What recourse do you have?

  •  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.

  • In our previous two blogs we looked at the choices a consumer has if he purchases a defective of a damaged item; especially related to motor vehicles.

    What we call the three R’s ie the choice is repair, replacement or a refund.

  • 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.

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

    What recourse do you have?

  • 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:

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(5) & (6).

    In our last blog we looked at Sections 55 (4).

    Today we will turn our attention to sections 55(5) & (6).

  • The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued  Section 55: Section 55(5) & (6).

    n our last blog we looked at Sections 55 (4).

    Today we will turn our attention to sections 55(5) & (6).

  • The Consumer Protection Act No 68 of 2008: (CPA): Warranty Protection: Second Hand Cars

     

    The Consumer Protection Act No 68 of 2008 (CPA) came into operation at midnight on the 31st March 2011; and has been the law since that date.

    It changed Consumer Law irrevocably and the entire intention of the Act is to protect Consumers against unfair business practices which had become rife.

  • We are all aware by now the implied statutory warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly sections 55 & 56) of that Act.

    There is still, however, 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.

  •  

    Because of the number of queries we receive on literally a daily basis from our clients 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.

    One of the most important decisions a consumer makes during their lifetime from time to time in his or her life is the purchase of a motor vehicle.

  • 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.

  • Tens of thousands of motor vehicles are bought every month for both new and second-hand

    motor car dealerships and there are many complaints for the purchasers about the quality of the vehicle bought by them.

    Motor vehicles are high-value items and also at the same time a depreciating asset.

  • How does the Common Law protect you in these circumstances and

    How does the Consumer Protection Act No 68 of 2008 (CPA) protect you?

    What do you need to do and what are the guidelines in this situation?

  • When are you as a consumer entitled to a refund?  The Consumer Protection Act: No 68 of 2008 (CPA): Refunds:

    We often get asked about refunds due to consumers in terms of the CPA or the common law.

    As a result of yet another two enquiries today; which both dealt with a refund in respect of a defective and danged motor vehicle bought by a client, we believe that we need to explain this issue again today.

  • In our last blog, we looked at then are entitled to a refund in respect of defective or damaged goods.

    If the item you purchased is defective or damaged you are generally speaking entitled to either a repair, as a replacement or a refund.

    The situation is however entirely different if there is nothing wrong with the item purchased from the supplier; as with an enquiry we had this morning from a lady who had purchased items online and then found that they were not exactly what she had intended to buy. There was however nothing wrong with the items themselves.

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