Consumer Protection Act: Motor Vehicle

  • 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.

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    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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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(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).

  • 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.

  • 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.

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    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.

  • Consumers now have the right to quality goods and services!

    The Consumer Protection Act, No 68 of 2008; (CPA); which 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.

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Legal Advice Office

South Africa

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