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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 Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued  Section 55: Section 55(5) & (6).

n our last blog we looked at Sections 55 (4).

Today we will turn our attention to sections 55(5) & (6).

Consumer Protection rights

At midnight on that day; that all changed for the better of the consumer

The Consumer Protection Act No 68 of 2008 (CPA).

One of the branches of our law that we, at The Legal Advice Office, try to specialise in, is Consumer Law.

There have been enormous innovations, improvements and new legislation in this field of the law over the last decade.

One of the most important pieces of legislation for the protection of consumers has been the promulgation of The Consumer Protection Act.

Prior to the commencement of The Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31st March 2011; consumers had very little defence against abuse by service providers and/or abusive business practices; other than their normal common law or contract law rights.

At midnight on that day; that all changed.

fault car accident

A previously accident damaged vehicle IS ALWAYS a defective motor vehicle and this is especially true vis a vis the dealer if they did NOT disclose this fact to you at the time of the sale.

Last week we received this query:

“In February 2018 I bought a 2016 second hand BMW motor vehicle from a dealership in Gezina, Pretoria and although I have had satisfactory use of the vehicle for the last four months; I have now discovered that the vehicle which I bought in February 2018 was involved in a major accident last year (March 2017); which required repairs apparently totalling R 127350.00 by the insurance company and I am not happy with keeping this vehicle as that fact was not disclosed to me at the time of the sale in February this year and the dealership must have known about the accident. Is this vehicle defective and can I still claim a refund or replacement vehicle for  the dealer I bought it from?”

 Termination of rental agreement1

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.

lemon car png

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.

  1. What do I do if I have purchased a defective or damaged motor vehicle from a  dealer?
  2. How does the Common Law protect me when I have bought a defective vehicle privately?
  3. 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?  

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Legal Advice Office

South Africa

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

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