What are your rights when your vehicle breaks again as a result of soddy workmanship?

We still get a lot of enquiries from clients and consumers who feel that they have been ripped off.

A recent example was of a client who had his vehicle repaired by a service provider in Welkom in the Orange Free State.

 “My vehicle broke down on the N1 four months ago. I had the vehicle towed to a service centre in Welkom with an oil leak on the Gearbox. They ended up redoing the engine which took more than 4 months. After doing the engine on the vehicle and when it was still in their workshop; there was a bearing knock and they had to redo the engine again. I had already paid them R162 000.00 for this first repair and they then wanted to charge me again for the second repair even though they never returned the vehicle to me and they failed while the vehicle was still with them to repair it properly in the first place in terms of their quote. What are my rights?”

One has to draw a clear distinction between lease agreements for residential properties and those that are for commercial properties

We received the following in an email this last week.

“I signed a 2-year lease agreement with my landlord on the 27^th February 2018 and the lease agreement came into effect on the 1^st March this year. I simply cannot afford the rent and I wrote to my landlord on the 29^th June cancelling the lease and requesting repayment of my security deposit of R 28000.00. He has refused to refund me. What can I do?” 

At midnight on that day; that all changed for the better of the consumer

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

One of the branches of our law that we, at The Legal Advice Office, try to specialise in, is Consumer Law.

There have been enormous innovations, improvements and new legislation in this field of the law over the last decade.

One of the most important pieces of legislation for the protection of consumers has been the promulgation of The Consumer Protection Act.

Prior to the commencement of The Consumer Protection Act, No 68 0f 2008 (CPA) which came into effect at midnight on the 31^st March 2011; consumers had very little defence against abuse by service providers and/or abusive business practices; other than their normal common law or contract law rights.

At midnight on that day; that all changed.

Legislation is a law created by Parliament Common law is that system of our law handed down to us from generation to generation.

In response to a number of inquiries where it appears, there is a clear need to explain the difference between the various branches of SA Law including both civil law and criminal law; we will today discuss this topic in a short blog.

In the South African Legal System; we can differentiate between various spheres of the Law within that same system.

Initially; it is important to understand the difference between Common Law and Legislation.

We will try today to give you some practical guidelines on what to do when you have bought a “lemon!”

As a consumer forum and as consumers lawyers; we are often involved in cases where clients of ours have bought a defective motor vehicle and refer the matter to us for legal advice on their rights in these circumstances; and also sometimes to provide them with proper professional legal services to resolve and mediate the matter with the dealer or private seller.

Here are some of the common questions sent to us.

1. What do I do if I have purchased a defective or damaged motor vehicle from a  dealer?
2. How does the Common Law protect me when I have bought a defective vehicle privately?
3. How does the Consumer Protection Act No 68 of 2008 (CPA) protect me as I  bought a damaged and defective vehicle three months ago and the dealer it is not his problem?