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Consumers now have the right to quality goods and services!

The Consumer Protection Act, No 68 of 2008; (CPA); which came into effect at midnight on the 31st March 2011 has changed consumer law in the RSA irrevocably.

There are a number of innovative consumer protection mechanisms in the CPA which are revolutionary in nature.

In our view; section (Section 55) is one of the most important protections for the consumer in the CPA.

Section 55 of the Consumer Protection Act of 2008 (CPA) guarantees the Consumer’s rights to safe and good quality goods.

Let us use a recent example:

Mr X bought a second hand VW Polo Vivo from a dealership in Pretoria.

He was told that the vehicle was in excellent condition and had no previous accident damage of defects.

Shortly after buying the Polo he noticed that there was a slight difference in the colour on the front side panel.

He took it to a panel beater who confirmed that the vehicle had previous accident damage and had been resprayed.

He had also noticed that when he drove at just over 120 km per hour there was a shudder on the steering.

He took it back to the original seller dealership and having learnt from our website that he was entitled, if there was a material defect in the car, to a repair, replacement of a refund; requested a refund from the dealership of his purchase price.

The dealership told him that they were not aware of the previous accident damage or panel beating work and were not prepared to cancel the deal.

He came to us to intervene.

We did an intervention for him and a letter of demand to the dealer based on both his common law rights and his rights in terms of both section 55 and 56 of the CPA.

Within 10 days of our intervention we had mediated a settlement with the dealership and they took the VW Polo Vivo back and paid Mr X his full purchase price.

He then went to another motor vehicle dealership and bought himself another car.

Both the common law and the CPA are important consumer legal weapons if used correctly.

If you have recently bought a motor vehicle and are not entirely happy with your purchase; please email us the details or contact us for proper professional legal advice and legal services.

Please also visit our website at www.legaladviceoffice.co.za or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. with any of your legal questions or problems and we will revert within 48 hours.

Please note that we do charge for both our advice function and our legal services function; but will always quote you first based on the complexity of your query and the actual services to be rendered by us for you at your request.

Thank you.

The Legal Advice Office Team.

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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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