Welcome to the Legal Advice Office in South Africa

• Second Hand Cars
• Car Dealer
• Faulty Motor Vehicle
• voetstoots
• consumer protectn act
• Roadworthy

Consumers must be very careful about agreeing to buy goods that are sold “voetstoots” or “as is” as they thereby waive their rights to a very large extent.

Yesterday; we had an inquiry from a lady who had bought a second hand 2014 BMW from a second-hand dealer in Gezina, Pretoria.

She bought the car for R 110500.00 in a cash deal on the 26^th January 2018 and took delivery on that same day after it had been roadworthied and transferred into her name by the dealer.

For the next two months there were no major issues with the car but on the 27^th March 2018 the car broke down on the M3 in Johannesburg and had to be towed into a BMW dealership in Johannesburg for repairs. The quote for repairs to the engine was for R 34500.00 and the diagnostic test showed major wear and tear and also damage to the cylinder head and pistons which had clearly been there for at least the last 6 months.

What were her legal rights?

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• Consumer Protection
• Consumer Protection Act: Damaged goods
• Refunds
• Return goods
• commercial fraud.
• returns policy
• faulty or damaged goods

Many businesses and suppliers blatantly operate outside the legislation and in so doing very often knowingly dupe their customers

We get a lot of enquiries every single week from clients about whether, when and how they can go about returning faulty or damaged goods.It is really disturbing to realise how many suppliers, big and small, continue to ignore the basics of consumer protection and in particular the provisions and duties on suppliers created by the CPA.

Despite the fact that the Consumer Protection Act No 68 of 2008 (CPA) came into force at midnight on the 31^st March 2011; which is more than seven years ago now, many businesses and suppliers continue to operate outside the legislation and some do so blatantly and knowingly very often duping their customers, at the same time, so as to save themselves a great deal of money and effort. Some actions reported to us border on criminal and commercial fraud.

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• Property Law
• Satellite dish
• Fixtures
• Immovable property

A fixture is a moveable item that becomes a part of the immovable property by virtue of attachment.

Yesterday; we had an inquiry from someone who wanted to know the answer to the above question.

Can he?

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