The Legal Advice Office

  • How the consumer act protects buyers of Motor Vehicles and other Major Purchase Consumer Items.

    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

  • Motor Vehicles and Consumer Rights

    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.

  • A compensation order is a requirement before employers can garnish employee’s wages.

    We had an interesting scenario and query raised with us last week.

    It was an inquiry from an employer whose employee had helped himself to money that was due to him.

  • Blacklisting and the Rescission of Judgments.

    At The Legal Advice Office; we get many queries about blacklisting and requests for the rescission of judgments.

  • Buying Residential Property: Tips:

    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.

  • Consumer’s rights to safe, good quality goods

    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.

  • Debt: “I keep on getting demands for me to pay a debt from years ago- What should I do?”

    debt help for women

    Benjamin Franklin said: “Better to go to bed without dinner than to rise in debt.” However, debt is not something we can all avoid.

    Prescription of a Debt: What does it mean? Part 1:

    The Prescription Act; No 68 of 1969; provides in Chapter III for the extinction of debt by prescription.

    What does this mean?

    A debt is extinguished by prescription after the lapse of the period which applies in respect of that particular type of debt. This means that after that period the debt cannot be revived even under the provisions of the Act relating to the interruption of prescription by the acknowledgment of liability; unless that new acknowledgment amounts to a new undertaking altogether to pay; which novates the old prescribed debt and amounts to a completely new debt and cause of action.

  • Drunk Driving: What the State must prove and advice re the hand held Drager:

    We all know that you should not drink and Drive.

    Drunk driving plays a very important role in the high death rate that we have on our National Roads.

  • Have you recently bought a previously accident damaged motor vehicle; or otherwise a motor vehicle which has material defects?

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

    What recourse do you have?

  • I bought a Lemon! What can I do?

    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.

  • I do not owe you any money anymore! STOP harassing me!Part 2

     debt free

    Be very circumspect when dealing with collection agencies and that includes firms of attorneys that specialise in this area of the law.

    Do not believe everything that you are told by a collection agent or attorney as they will look after their own interests and those of their client; before they give a thought to you and your interests.

    Prescription of a Debt: What does it mean? Part 2:

  • I just bought a Defective Motor Vehicle. What are my remedies?

    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.

  • I need a Will! Part 2: What do I need to do?

    wills

    On Friday, we looked at the basic requirements of Wills.

    Today; we will look at some of the content of a will.

    Anybody can draft a will. It need not be an attorney or lawyer; but only attorneys may advertise the fact that they draft wills draft people, as per the provisions of the Attorneys Act.

    The full names and identity of the testator or testatrix must appear in the will and they must sign same in full as we sated in our last blog. Use your Id number and your address to properly identify yourself.

  • I need help in a fight! If I have dispute with someone; do I have to sue them in Court? No; there is another alternative! Alternative Dispute Resolution.

    alternative dispute resolution

    Have you ever heard of “alternative dispute resolution?”

    One of the services The Legal Advice Office provides to our clients, and other interested parties; is alternative dispute resolution procedures.

    These procedures broadly speaking include interventions, mediation, arbitration and other dispute resolution procedures and methods to settle disputes between two parties without proceeding with a civil court action; which could cost tens of thousands of Rands; take two years to finalise; and, if you lose, you have to pay a portion of the other person’s costs.

    Alternative dispute resolution is cheaper, quicker and more efficient.

    Here is an example of such a situation; which we dealt with during the course of this last month.

  • I want out of a fixed term lease. How do I do that?

    Fixed term contracts, in certain circumstances, can now be lawfully terminated in terms of the Consumer Protection Act No 68 of 2008 (CPA.)

    Prior to this Act; which came into effect on the 1st April 2011; the law of contract and the common law dealt exclusively with the issue of when, where and how fixed term agreements, including leases, expired or were renewed.

  • I want to sue someone!!

     

    In 2016 I lent a friend of mine R 48000.00.

    Now; I am battling to get the money back!

    What can I do?

  • Labour Law: A case study on an unfair dismissal

    In the matter of Mashinini v Barrel & Beef restaurant, CCMA Arbitration FS1420 the question of whether a dismissal was fair or not was the issue in the Arbitration Hearing.

  • Last Will and Testament - What do I need to do?

    testament

    Today; we intend to look at the subject of a Will.

    There are only two definite aspects to our lives; one is taxes, and the other is death, or so the adage goes.

    Death awaits all of us and is inevitable.

    On a lighter note; Elbert Hubberd said “Do not take life too seriously. You will never get out of it alive!”

    Your will is probably the most important document you will ever sign in your lifetime.

  • Leases: Some important terms and conditions

    The Consumer Protection Act No 68 of 2008 (CPA): Leases: Some important terms and conditions:

    In our last blog we looked at the early termination of lease agreements,

    In this blog we intend to renew our acquaintance with some of the provisions of the Consumer Protection Act No 68 of 2008 (CPA) dealing with leases and some of their terms and conditions in general in the CPA.

  • The choices of a Repair, replacement or a refund when it comes to the purchase of a defective motor vehicle in terms of the Consumer Protection Act No 68 of 2008 (CPA)?

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

    What recourse do you have?

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Legal Advice Office

South Africa

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