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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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In our last blog, we looked at then are entitled to a refund in respect of defective or damaged goods.

If the item you purchased is defective or damaged you are generally speaking entitled to either a repair, as a replacement or a refund.

The situation is however entirely different if there is nothing wrong with the item purchased from the supplier; as with an enquiry we had this morning from a lady who had purchased items online and then found that they were not exactly what she had intended to buy. There was however nothing wrong with the items themselves.

When are you as a consumer entitled to a refund?  The Consumer Protection Act: No 68 of 2008 (CPA): Refunds:

We often get asked about refunds due to consumers in terms of the CPA or the common law.

As a result of yet another two enquiries today; which both dealt with a refund in respect of a defective and danged motor vehicle bought by a client, we believe that we need to explain this issue again today.

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.

We are all aware by now the implied statutory warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly sections 55 & 56) of that Act.

There is still, however, 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.

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

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

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

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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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