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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The inconvenience for a landlord caused by an early cancellation will no doubt be annoying but it is clear that a tenant has the RIGHT to cancel a lease
One of the matters that we specialise in is Consumer law and lease agreement terminations.
Here is a recent query that was received by The Legal Advice Office last week:
“Hi, Hugh. I refer to our telephone call. I bought a business last year in September and signed a three-year lease agreement for its premises with the landlord. I also signed as surety for my company which runs the business. The business is losing money each month and I need your advice and help on getting out of this lease. Can you please help me?”
We will try to answer this question in this blog.
We will try today to give you some practical guidelines on what to do when you have bought a “lemon!”
As a consumer forum and as consumers lawyers; we are often involved in cases where clients of ours have bought a defective motor vehicle and refer the matter to us for legal advice on their rights in these circumstances; and also sometimes to provide them with proper professional legal services to resolve and mediate the matter with the dealer or private seller.
Here are some of the common questions sent to us.
- What do I do if I have purchased a defective or damaged motor vehicle from a dealer?
- How does the Common Law protect me when I have bought a defective vehicle privately?
- How does the Consumer Protection Act No 68 of 2008 (CPA) protect me as I bought a damaged and defective vehicle three months ago and the dealer it is not his problem?
Strictly speaking, the three laws are all different and in separate categories of the law.
Consumer Law and some related fields:
The close relationship between Food Law, Medicine Law, and Consumer Protection Law are often mentioned interchangeably in the press; although strictly speaking they are all different and separate categories of the law.
We will today look at these three branches of the Law and see how they interact with one another.
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?”
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