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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).

 Auto Repair shop 2

“Why is it that we now have legal recourse if we buy a motor vehicle which is defective or which was previously involved in an accident and this fact was not disclosed to us at the time that we bought the vehicle?”

 This is the question we were asked via our website.

The answer to that question is that you have protection depending on the facts in both the common law of contract and also probably/possibly in terms of the Consumer Protection Act: No 68 of 2008 (CPA).

In terms of the common law, you would have to rely on a breach of the contract terms by the seller of the motor vehicle or his/her bad faith, misrepresentation or failure to disclose.

salesman trust

Goodwill is essential for any business and good service is paramount to keeping your customers.

As Jerry Flanagan said:

“ Customers are like teeth. If you do not look after them, they go away one by one until there are none left.”

It is a pity that so many service providers do not give sufficient attention to their service delivery.

You get a real shock when you find out that an item that you just purchased is not working as it should or is defective and you paid a great deal of money for it.

That does not mean reading, writing and arithmetic as per the school syllabus.

It means: Repair, replace or refund.

These are your 3 choices you have in the event of a material defect in an item that you have bought.

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.

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Legal Advice Office

South Africa

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Phone: +27 (028) 316 2832

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