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

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?

Well the question is. What DO you do in these circumstance? Continue reading

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The Consumer Protection Act: No 68 of 2008: (CPA): Section 56 (4): Consumers additional  remedies for a breach of the implied warranty of quality: How does this apply to Motor Vehicles?

As mentioned numerous times; The Consumer Protection Act, No 68 of 2008; (CPA) came into effect at midnight on the 31st March 2011.

It has been part of our statutory law since that date. Continue reading

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The Consumer Protection Act: No 68 of 2008: (CPA): Section 56 (3): Consumers remedy for a breach of the implied warranty of quality after a repair: How does this apply to Motor Vehicles?

As we know by now The Consumer Protection Act, No 68 of 2008; (CPA) came into effect at midnight on the 31st March 2011.

In our last blog we looked specifically at section 56(2) of the CPA.  Continue reading

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The Consumer Protection Act: No 68 of 2008: (CPA): Section 56 (2): Consumers remedy for a breach of the Implied warranty of quality: How does this apply to Motor Vehicles?

As we know by now The Consumer Protection Act, No 68 of 2008; (CPA) came into effect at midnight on the 31st March 2011.

In our last blog we looked specifically at section 56(1) of the CPA.

pAll of these blogs apply to the sale of all goods; but we are concentrating on these sections of the CPA as they apply to the purchase and sale of motor vehicles in particular. Continue reading

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The Consumer Protection Act: No 68 of 2008: (CPA): Section 56 (1): Implied warranty of quality: How does this apply to Motor Vehicles?

The Consumer Protection Act, No 68 of 2008; (CPA) came into effect at midnight on the 31st March 2011 and has changed consumer law in this country irrevocably; as we have said before.

As promised we now look at Motor Vehicles and section 56 of the CPA and how this section of the CPA effects the purchase and sale of all motor vehicles that are bought by consumers from motor car dealerships. 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: How does this apply to Motor Vehicles?

The Consumer Protection Act, No 68 of 2008; (CPA) came into effect at midnight on the 31st March 2011 and has changed consumer law in this country irrevocably.

We concentrate on this piece of legislation in our various blogs on this website; and in particular on how the CPA impacts on our everyday life. Continue reading

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The Consumer Protection Act No 68 of 2008: (CPA):  How does the CPA protect buyers of Motor Vehicles and other Major Purchase Consumer Items?

The Consumer Protection Act (CPA), No 68 of 2008, came into operation at midnight on the 31st March 2011.

It has changed consumer law in the RSA in many important respects. Continue reading

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The Consumer Protection Act No 68 of 2008: (CPA): Motor Vehicles and the Voetstoots Clause:

The Consumer Protection Act No 68 or 2008 does not; and has not negated or overridden entirely the voetstoots clause.

The voetstoots clause is a clause in an agreement that expressly states that the buyer of a vehicle or in fact any item sold; is sold voetstoots or “as is”. Continue reading

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The Consumer Protection Act No 68 of 2008: (CPA); Motor Vehicles.

What do you do when you decide to buy a brand new motor vehicle from a dealership, or even a second hand car from a used car dealership, and within a short period of time you are experiencing major issues with the car?

Obviously; you first take the issue up with the dealership from whom you bought the car.

The CPA protects you and this includes a statutory implied warranty for a period of 6 months after the date of sale which can be extended by a further period of up to a further 3 months, if the dealership carries out a repair on the car at your request. This is an extended implied statutory warranty. Continue reading

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The Consumer Protection Act No 68 of 2008: (CPA) Section 56(1) & (2)

In our last blog we looked at the wording of section 56 and its first two subsections.

As we stated in that blog:

Section 56 (1) of the CPA reads as follows:

“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 the 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.” Continue reading

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