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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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We have been looking at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 & 56 of that Act of Parliament.

As we now know; 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.

This rule also applies to a motor vehicle; both new and used.

Tens of thousands of motor vehicles are bought every month for both new and second-hand

motor car dealerships and there are many complaints for the purchasers about the quality of the vehicle bought by them.

Motor vehicles are high-value items and also at the same time a depreciating asset.

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?”

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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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