Legal Advice

  • Marriage and the end of a marriage: Divorce: What to consider before you proceed.

    Sadly; one of the matters that we get many queries about; is the issue of divorce.

    Most of us get married for life; but many marriages end in divorce.

  • Personal Injury Law

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  • Property Law

    Legal advice and legal services related to all aspects of property law especially those related to offers to purchase/deeds of sale in respect of houses and immovable property, transfers, bonds etc.

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  • Protection of Consumer’s rights and Consumers Voice. The Consumer Protection Act No 68 of 2008 (CPA): Chapter 3

    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?

  • Repairs, replacement or a refund when it comes to a defective motor vehicle?

    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.

  • The 3 R's: Repair, replace, 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.

  • The Consumer Protection Act - Recap

    The Consumer Protection Act No 68 of 2008: (CPA): Section 56 (2): Recap:

    We have recently looked at the implied warranty on the quality of goods guaranteed by the CPA and more particularly section 55 & 56 of that Act of Parliament.

    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.

    As we all know by now the Consumer Protection Act (CP Act) came into operation at midnight on the 31st March 2011.

    Section 56 (2) of the Consumer Protection Act, No 68 of 2008 reads as follows:

    “Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty, and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55 (Consumers rights to safe, good quality goods) and the supplier must, at the direction of the consumer, either:

    1. Repair or replace the failed, unsafe or defective goods, or
    2. Refund to the consumer the price paid by the consumer for the goods.”

    That seems pretty straight forward; and to a very large extent self-explanatory.

    Why then do so many suppliers duck and dive; and attempt to avoid their legal obligations to the consumer and their customers. The answer to this question is that it is a nuisance to a supplier and they need to take time out; and incur cost; in repairing, replacing or refunding a consumer for an item that they have already sold to them. Things were far too comfortable for suppliers before the advent of the Consumer Protection Act as they, in the past, would simply tell us that it was not their problem once we had taken delivery of an item and paid for it.

    One has to remember that the provisions of this Act and these sections do not cover private individuals as sellers; as they are not suppliers or service providers conducting their sale in the ordinary course of business. In short the act does not cover private sales. Your remedies in the case of private sales lie in the common law of contract.

    One has to look at the definition of “a consumer” and “a supplier; in order to get confirmation that private sales are not covered by these provisions of the Consumer Protection Act.”

    Section 1 is the definition section of the Consumer Protection Act No 68 of 2008.

    In section 1; “a consumer’ is defined in great detail. It will suffice for our purposes here to simply quote from part of the full definition: “A consumer means a person to whom those particular goods or services are marketed in the ordinary course of the supplier’s business.” The section then goes on to give a more comprehensive detailed definition which it is not necessary to dissect here but the definition of a consumer is very wide and includes just about anyone buying an item from someone else who is conducting a business enterprise in selling amongst other things that particular item/items.

    One also has to look at the definition of “a supplier” for clarity here.

    Section 1 also defines “a supplier” which means: “A person who markets any goods or services.”

    This is also a very wide definition.

    As a consequence, the Consumer Protection Act covers both goods and services provided by a supplier to a consumer.

    It does not apply to private sales as although all buyers are consumers as defined in the Act; the sellers however are not suppliers; as they do not sell their items in the ordinary course of a business enterprise; but only occasionally on a once off basis. Clearly there may be exceptions to this rule; eg someone who is not a dealer but runs a business selling second hand cars in his spare time. He may well then be a supplier as defined in the Act although not a registered car dealer.

    The Consumer Protection Act applies to all unsafe, damaged and defective goods; provided they are bought from a supplier acting in the ordinary course of his business.

    As a consumer of both goods and services our section 56(2) choice, as consumers, of “repair, refund or replace” in respect of damaged or defective goods is in addition to; and over and above the manufacturer’s warranty; and also in addition to, and over and above, any common law remedies that we may have; for example; where latent defects were deliberately not disclosed to us by a supplier.

    You, as a consumer could very well then have three separate potential claims available to you in a dispute with a supplier. These claims could be in terms of the CP Act, a common law remedy and/or in terms of a manufacturer’s warranty; provided that that dispute relates to unsafe, damaged or defective goods or services.

    In our next blog we will look at the implied warranty on repaired items as contained in section 56(3) of the Consumer Protection Act.

    Please visit our website at www.legaladviceoffice.co.za for more detail or send us an emailwith you queries to This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

    Should you have any queries please contact our offices in that regard.

    Should you otherwise wish to comment on this or any other legal topic; please also just send us an e-mail; and we will respond.

    Thank you.

    The Legal Advice Office Team.

  • The Consumer Protection Act No 68 of 2008 (CPA): Chapter 3: Protection of Consumer’s rights and Consumers Voice: Continued: Section 70: Alternative Dispute Resolution; and Section 71: Initiating complaint to Commission:

    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.

  • The Consumer Protection Act No 68 of 2008 (CPA): The Expiry and Renewal of fixed term contracts/agreements, especially Leases. Section 14 (2) continued.

    As stated in our previous blog; at The Legal Advice Office we get numerous enquiries from clients and consumers seeking our help in terminating lease agreements because of one reason or another.

    The CPA deals with the above subject and in our last blog we looked at section 14(1).

  • The Consumer Protection Act No 68 of 2008: (CPA): Section 56 (2):

    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.

  • The Consumer Protection Act No 68 of 2008: (CPA): Section 56 (3) & (4):

    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.

  • The Consumer Protection Act No 68 of 2008: (CPA): Section 56(3)&(4):Warrany

    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 Consumers rights to safe, good quality goods -continued

    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 Consumers rights to safe, good quality goods-part 2

    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 Consumers rights to safe, good quality goods. Continued part 1

    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 Legal Advice Office: How do we work and what do we charge?

    The Legal Advice Office is an exclusively internet-based legal business/firm; which although run from the Western Cape offers legal advice and legal and paralegal service right throughout the whole of South Africa and we interact with our clients only by phone and by email.

  • The Legal Advice Office: Who are we and what do we do?

    What is The Legal Advice Office?

    Who are we and what do we do?

    The answer to these questions is found on our website; www.legaladviceoffice.co.za; but here is a brief summary.

  • The Legal Advice Office: Who are we and what do we do?

    What is The Legal Advice Office?

    Who are we and what do we actually do?

  • Warranty Protection: Second Hand Cars

    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.

  • What do I do if I am arrested?

    People get arrested in South Africa every day.

    Normally the SAPS will only arrest a person when a serious crime is involved, but this is not always the rule and people are arrested even for what one would think are minor offences like shoplifting of reckless driving.

    If this should happen to you; what do you do?

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Legal Advice Office

South Africa

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