Motor vehicle problems and other related Issues:

At The Legal Advice Office; we receive many enquiries each day about problem motor vehicles.

Sometimes these relate to motor vehicles that were bought some time ago where the owner finds out now, for the first time, that the vehicle he or she bought was previously involved in an accident and this was never disclosed to him or her at the time of the sale from the dealership or the individual private seller. Continue reading

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Letters of Demand: The start of the litigation process:

At The Legal Advice Office we often have clients phone or email us about monies that are owed to them by a debtor.

Sometimes our clients are a business and want to know how they can go about recovering a debt and sometimes they are simply private individuals that have loaned money to a family member, friend or acquaintance and are now struggling to get that money repaid to them. Continue reading

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Letters of Demand: The start of the litigation process:

At The Legal Advice Office we often have clients phone or email us about monies that are owed to them by a debtor.

Sometimes our clients are a business and want to know how they can go about recovering a debt and sometimes they are simply private individuals that have loaned money to a family member, friend or acquaintance and are now struggling to get that money repaid to them.

The starting point of all of these matters is a formal letter of demand. Continue reading

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What do you do if you need to evict a tenant? Eviction Orders.

Renting out a residential property can be a great source of income; if managed correctly.

But even with the most stringent checks and tenant approval processes, it is still possible to end up with bad tenants; who then need to be evicted. Continue reading

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What do you do if you purchase a new or second hand vehicle and it turns out to be a lemon?

 

We have just recently been looking at section 55 and section 56 of the Consumer Protection Act No 68 of 2008 (CPA); and in particular these two sections which deal with The Consumers Rights to Safe Quality Goods and The Implied Warranty of Quality as they are applicable in particular to the purchase of both new and second hand Motor Vehicles.

As stated previously, at The Legal Advice Office we get numerous enquiries from clients seeking our help in resolving issues with dealers when they have recently bought a new or used vehicle and shortly after buying the vehicle discover various defects or damage to the vehicle; not caused through any fault of their own. Continue reading

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The Consumer Protection Act No 68 of 2008 (CPA): Section 56(3)&(4):

We have been looking at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 & 56 of that Act of Parliament.

As we know; we, as consumers, have the choice of repair, refund or replace in the event of goods bought by us being defective or damaged at the time of the sale. Continue reading

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The Consumer Protection Act No 68 of 2008 (CPA): Section 56 (2) Implied Warranty:

There still seems to be a certain amount of confusion on the issue of the implied warranty set out in Section 56 (2) of the Consumer Protection Act, No 68 of 2008 (CPA).

This confusion centres on when one, as a consumer, is entitled to a refund or a replacement when exercising one’s choice of a repair, replacement or refund in respect of damaged or defective goods as guaranteed by these sections of the Act. Continue reading

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The Consumer Protection Act: No 68 of 2008 (CPA): Section 55: Consumer’s rights to safe, good quality goods:

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

It is this section which gives the necessary protection to purchasers and consumers who buy new or second hand motor vehicles and then find them to be defective in one or other aspect or manner or to be damaged. The consumer’s legal remedy then lies in section 55 and 56 of the CPA. Continue reading

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

We looked in our last blog at “Fixed Term Agreements;” and in particular the provisions of Section 14 of the Consumer Protection Act No 68 of 2008 (CPA).

Prior to the commencement of the Consumer Protection Act, on the 1st of  April 2011, the law of contract and the common law covered the issue of when and how a tenant went about cancelling a lease agreement. That has all now changed since the commencement date of the CPA; and tenants and landlords need to be aware of the statutory provisions of the Act; which now cover the early termination and cancellation of lease agreements. Continue reading

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The Consumer Protection Act No 68 of 2008 (CPA): Motor Vehicles. A dud. What are your choices?

Over the past few weeks and months we have had many queries at The Legal Advice Office from clients and consumers who have bought cars from both new and second hand car dealers; and who are a short while later are discovering various serious defects in those vehicles.

This clearly is a problem and the dealers, by and large, do not abide by the law or the CPA or otherwise seek to interpret that Act or portions of that Act in a manner which is beneficial to them and not the consumer customer. Continue reading

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