The 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.

  • electrical faults

    Within six months after the delivery of goods, the consumer may return the goods to the supplier, without penalty, risk or expense.

    On Wednesday we published a blog on your rights as a consumer to receive good quality goods when buying them from a supplier.

    Yesterday; we had the following query:

    “I just recently bought a motor vehicle in February 2018 from a dealership in Mid Rand and I am not happy with the vehicle as it has numerous mechanical and electrical issue and the dealership is now refusing to carry out any further repairs on the vehicle as they say their one month warranty has now expired. What are my rights?

  • 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.

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

    What recourse do you have?

  • salesman trust

    Goodwill is essential for any business and good service is paramount to keeping your customers.

    As Jerry Flanagan said:

    “ Customers are like teeth. If you do not look after them, they go away one by one until there are none left.”

    It is a pity that so many service providers do not give sufficient attention to their service delivery.

    You get a real shock when you find out that an item that you just purchased is not working as it should or is defective and you paid a great deal of money for it.

  • 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.

  • 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.

  • 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?

  • 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.


  • It is all very well to talk about consumer’s rights and the protection afforded by the CPA; but how does one actually enforce ones consumer rights?

    The answer to this question is contained in Chapter 3 of the CPA which deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    Chapter 3 consists of Part A to Part D; and it covers sections 68 to 78 of the CPA

  • 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.

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South Africa

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