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Legal Advice

Welcome to the Legal Advice Office in South Africa

The Legal Advice Office offers affordable Legal Advice as well as Legal and Paralegal Services throughout South Africa.

Our legal advice and services are based on 40 years of experience in the professional legal field.  As a purely internet based legal consultancy business, we pride ourselves in personal, professional and efficient service at affordable rates and undertake to revert to our clients within 48 hours of their query being received by us.

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Car Warranty

Besides your common law rights; you may well also have a civil claim against the producer, importer or distributor of that defective motor vehicle.

The Consumer Protection Act No 68 of 2008 (CPA):

Section 56(1):

In our last blog, we had a look at section 55 of the CPA as it relates to the purchase of defective or damaged motor vehicles which have been bought by a consumer from a service provider.

Today; we turn our attention to section 56 of the CPA and we will be looking at this important section over our next three blogs.

Section 56 deals with the implied warranty of quality for all goods.

We start off with section 56 (1) which reads as follows:

 Section 56 is headed: Implied warranty of quality:

 Section 56 (1) states; “In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.”

defective motor vehicle

Your right to a repair, a refund or a replacement of a faulty vehicle and where that right comes from

What are your remedies in law and in particular in terms of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; if you have bought a vehicle which now has material defects?

At The Legal Advice Office we still get numerous queries from members of the public regarding defects in vehicles which they have recently purchased from a dealership or even from a private individual and where there are clearly material defects in the vehicle or where they have been misled as to the condition of the vehicle or were not told about previous accident damage or other material issues.

In these circumstances, the consumer has the protection of both the common law of contract and also the CPA.

parking sectional title

Keep in mind the type of ownership that one has in a sectional title scheme.

 The rules and the law governing Sectional Title properties can sometimes be complicated.

This is a query that we received on Friday from a sectional title owner.

Hugh, can you please help me with advice in this regard.

In the sectional title scheme where I live there is constant fighting and arguing about who may park where and who is responsible for the maintenance of these parking spaces. My question is: who decides which parts of the scheme will be allocated for parking bays, who may use them and who must maintain them?”

 retirement employee at seventy

In the current economic climate; questions about retirement are becoming a more common and often asked query.

We received this query last week for example.

“Hugh,

I am a widow now 59 years old and have been working for nearly 18 years for the same company. The office manager recently came into my office and told me that I will have to retire when I am 60 as that is the age everyone retires from the company. I had heard that most people retired at 60; but was hoping that I could stay on till I was at least 65 so as to build more of a nest egg for myself. I was shocked and did not respond to him. Am I obliged to retire at age 60 or am I allowed to continue working till I am 65?”

habition vs co owner

“Who’s in charge: the person with the right to live in a property or the property owner?

We sometimes get in interesting queries; something that is out of the ordinary.

Here is one such query we received a few days ago.

 “What rights does a person with rights of habitation have over those who are the co-owners of a property? Where the person with habitation is also a co-owner. Two out of the five co-owners are living on the same property, while one party refuses to pay municipal bills. I will name Party one A, and Party two B. Only B is paying while A refuses to pay for anything. B does not want to lose the property for municipal debt. What law protects B in this case, where A, who doesn’t pay; can he be held accountable? I have read that one should set up an agreement, but if the agreement is written and the A then refuses to sign (hypothetical scenario), what then?”

commercial lease cancell

The inconvenience for a landlord caused by an early cancellation will be annoying; but a tenant has the RIGHT to cancel a lease.

We receive many enquiries from both landlords and tenants, but mainly tenants, regarding the subject of commercial lease cancellations and early terminations of such leases.

It is not a straightforward matter and is governed by both the common law of contract and the Consumer Protection Act, No 68 of 2008.

As I have said before; you cannot just cancel a lease agreement.

It is a contract and if you want to cancel it or terminate it earlier than the expiry date; that legal process must be dealt with correctly, professionally, properly and legally.

Homeowners Association picture

Can I sell my property without settling the outstanding levies first?

We received this query last Thursday.

“I bought property in a security estate in Bellville in 2016 which is managed by a Homeowners Association (HOA.) The property was expensive but in my mind an investment in me and my family’s future. However, personal financial constraints have made me not only fall behind on your levies but also consider selling the property. I may even be staring insolvency in the face. Can I sell the without you settling the outstanding levies first?

surrogate mother

Surrogacy is allowed in South Africa and is regulated by the Children’s Act.

We received the following question during the course of last week

 “I have been happily married for the last 7 years. However; I am medically unable to produce a child. My husband and I have talked about the option of both adoption and surrogacy. We have decided to go the surrogacy route if we can, and have discussed it with my sister. She is older than me has two children and does not want any more of her own and is willing to consider it. We’ve not yet spoken about costs or payment for her to do this, because we’re not sure whether surrogacy is even allowed in South Africa. Is surrogacy an option we can consider? Your advice would be much appreciated”

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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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