Welcome to the Legal Advice Office in South Africa

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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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Within six months after the delivery, the consumer may return the goods to the supplier, without penalty

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

Section 56(2):

In our last blog, we had a look at section 56 (1) of the CPA especially 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 (2) of the CPA and we will be looking at this important section.

This is a long blog which I was initially going to do over three blogs, but have decided to complete it in one long blog so as to keep continuity. I hope you do not mind.

The reason for this is that this subsection is probably the most important when it comes to your choices in the event of you having bought a defective motor vehicle or any other product for that matter.

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.”

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.