civil law

Hundreds of cars are bought and sold each day in the RSA.

If you bought a vehicle that is either defective or damaged or not fit for its intended purpose; what can you do about it?

Here is a case study.

Mr X bought a second hand Audi Q 7 Quattro from a dealership in Benoni in October 2017.

Almost immediately he started experiencing problems with the vehicle.

It was not running smoothly and he took it in to the Audi dealership in Parys, where he lives, and they did a diagnostic test and discovered that the timing chain mechanism was defective.

This amounted to a material defect and it cost him R 1400.00 for the diagnostic test. Audi Parys also indicated that they would have to strip the motor and the costs involved to rectify the defects could well amount to more than R 50000.00.

Mr X was shocked.

He phoned us and then sent us an email, at our request, to give us all the necessary detail and particulars.

On receiving the detailed email we advised that he had both the protection of the common law and the Consumer Protection Act (CPA.)

His remedy in terms of the Common Law was based on a material non-disclosure by the seller and his protection in terms of the CPA was based on a material defect in a component and the implied warranty in terms of sections 55 and 56 of the CPA.

Effectively he had the choice of a repair or a replacement or a refund of the entire purchase price plus his expenses on the vehicle at the dealer seller’s expense.

That was the gist of our advice to him and he followed our advice.

If this happens to you do what Mr X did and get hold of our office or legal consultant/legal practioner as soon as possible for obtaining proper, professional legal advice.

Again we stress that it is always advisable for you to seek prompt, proper and professional legal advice and also to secure reliable legal services when dealing with this type of factual and legal dispute.

If you have experienced difficulties with a motor vehicle that you have recently purchased; contact us at The Legal Advice Office at www.legaladviceoffice.co.za or better still send an email to one of our email addresses; either This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. and we will revert within 48 hours.

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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