Repair Refund Replace

  • radiator overheat

    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.

    One of the branches of the Law that we specialise in is Consumer Law and often regarding defective motor vehicles. The inquiry was sent to us yesterday.

    “Can I sue a dealer who has sold me a defective motor vehicle? My attorney told me to sue them for damages and wanted a  R 15000.00 deposit. What are my options? I bought the vehicle on the 20th January 2018 and it now has a seized engine as a result of a defective water connection pipe and I have been quoted R 66400.00 for repairs. Please advise me in this regard.

  • defective vehicle

    Within six months after the delivery of goods, a consumer may return the goods to the supplier without penalty and at the supplier’s risk and expense

    We did a blog last week on the difference in approach now under the CPA and the previous situation where a consumer could only rely on the common law for a remedy if they bought a defective car and in response, we received the following query:

    “Please explain to me how the implied warranty in terms of the Consumer Protection Act works as I also recently bought a defective motor vehicle which has now cost me R 37500.00 to repair and is still not 100%. What are my rights in this instance?”

  • New but Defective car

    The supplier’s written guarantee does not replace the warranty created and contained in the CPA.

    A Case Study

    In response to our last blog on the consumer’s right to a repair, replacement or refund; we received the following query on Saturday morning.

    “I read your blog on section 56(2) of the CPA on Facebook. My situation is different. I bought a new vehicle from a BMW dealer in Benoni in a cash transaction. Within a period of 6 months, the vehicle had to go in for repairs on two occasions, the last time was on the 22nd March 2018. On both occasions, the dealership repaired the vehicle at their own expense. In both instances; the repairs related to mechanical problems with the vehicle's transmission. In the last week the vehicle has again broken down and I am now at my wit's end. Do I have to allow them to repair the vehicle yet again or can I still insist on a replacement or a refund of my money?”

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