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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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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.

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.

 gas compliance certificate

Both sellers and Estate Agents should be made aware of this legal requirement.

Last week we received this inquiry.

 “I am in the process of selling my house. I have a permanent gas oven in the house and the transferring attorney is now telling me that I need to get a gas compliance certificate for my gas oven. Is this necessary, and should the buyer not be responsible for this and the cost involved in getting one?”

break lease agreement

You can not just pack up and move out.

The termination or cancellation of a commercial lease agreement/s is always a legal conundrum.

One of the matters that we specialise in is Consumer law and also in lease agreement cancellations and terminations.

It is a contract and must be dealt with correctly and legally if you want to cancel it or terminate it prematurely ie before its expiry date.

You cannot just cancel a lease agreement.

If you breach the lease and simply vacate and abandon the premises the High Court can grant the landlord an order for specific performance.

This can mean that the court orders you to return to the premises and pay the rental for the balance of the lease period. Alternatively, it can allow the landlord the right to cancel the lease because of your breach and grant an order for damages in favour of the landlord being equivalent to the rent due for the balance of the period.

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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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