Consumer Law
Consumer Law | The Legal Advice Office
Consumer law advice and legal services especially pertaining to the purchase of defective and damaged motor vehicles and your remedies in these circumstances. Cancellation of Leases and contracts etc.
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All fixed terms agreements only apply to natural people like you and me and not to companies. This is the first important aspect to note.
On a regular basis, we receive enquiries at The Legal Advice Office about how a consumer can go about terminating a fixed term contract.
Both the common law and the Consumer Protection Act No 68 of 2008 (CPA) can play a role in this subject; so we thought we would today look at the role of the CPA in this regard.
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?”
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.
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?
Consumers must be very careful about agreeing to buy goods that are sold “voetstoots” or “as is” as they thereby waive their rights to a very large extent.
Yesterday; we had an inquiry from a lady who had bought a second hand 2014 BMW from a second-hand dealer in Gezina, Pretoria.
She bought the car for R 110500.00 in a cash deal on the 26th January 2018 and took delivery on that same day after it had been roadworthied and transferred into her name by the dealer.
For the next two months there were no major issues with the car but on the 27th March 2018 the car broke down on the M3 in Johannesburg and had to be towed into a BMW dealership in Johannesburg for repairs. The quote for repairs to the engine was for R 34500.00 and the diagnostic test showed major wear and tear and also damage to the cylinder head and pistons which had clearly been there for at least the last 6 months.
What were her legal rights?
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