We were looking in an earlier blog of this week at section 55 and the implied warranty with particular emphasis on the sale of motor vehicles and disgruntled consumers who had recently bought a new or used vehicle from a motor car dealership and discovered defects or damage to its components shortly after the sale.

If this situation has happened to you; you have the protection of the Consumer Protection Act No 68 of 2008 (CPA) and also the common law; unless you caused the damage or defect to the vehicle yourself.

n our last two blogs we have been looking again at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly section 55 & 56 of that Act of Parliament.

As we now 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.

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 now 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.

This rule also applies to a motor vehicle; both new and used.

The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(3).

In our last blog we looked at Sections 55 (3).

Today we will turn our attention to section 55(4).

Section 55 (4) in its totality reads as follows:

The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued: Section 55: Section 55(5) & (6).

In our last blog we looked at Sections 55 (4).

Today we will turn our attention to sections 55(5) & (6).

The Consumer Protection Act No 68 of 2008 (CPA): The Consumers rights to safe, good quality goods. Continued  Section 55: Section 55(5) & (6).

n our last blog we looked at Sections 55 (4).

Today we will turn our attention to sections 55(5) & (6).

Motor vehicles are one of our most prized possessions and yet many of us have nightmares when we buy a motor vehicle from a dealership and we have numerous problems with the vehicle we bought.

This happens often; but there is a solution.

Over the past month; we have had numerous queries from consumers who have bought cars from second hand car dealers; and who are a short while later, 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 otherwise seek to interpret in a manner which is beneficial to them and not the customer.

The Consumer Protection Act No 68 of 2008: (CPA): Warranty Protection: Second Hand Cars

The Consumer Protection Act No 68 of 2008 (CPA) came into operation at midnight on the 31^st March 2011; and has been the law since that date.

It changed Consumer Law irrevocably and the entire intention of the Act is to protect Consumers against unfair business practices which had become rife.

If a further failure is discovered, the supplier must either replace the goods or refund the consumer.

Section 56 (3) of the Consumer Protection Act, No 68 of 2008 reads as follows:

“If a supplier repairs any particular goods or any component of any such goods, and within three months after the repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must: - (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.”

We are all aware by now the implied statutory warranty on the quality of goods guaranteed by the Consumer Protection Act (CPA) and more particularly sections 55 & 56) of that Act.

There is still, however, a lot of confusion about the Consumer’s Right to choose a Repair, Replacement or Refund in respect of Damaged or Defective Goods as guaranteed by these sections of the Act.

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?  

Because of the number of queries we receive on literally a daily basis from our clients we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

One of the most important decisions a consumer makes during their lifetime from time to time in his or her life is the purchase of a motor vehicle.

Because of the number of queries we receive on a weekly basis from our clients with regard to damaged and defective vehicle that they have bought; we are once again going to look at what to do in the situation where you have bought a “lemon” from a motor vehicle dealer.

Tens of thousands of motor vehicles are bought every month for both new and second-hand

motor car dealerships and there are many complaints for the purchasers about the quality of the vehicle bought by them.

Motor vehicles are high-value items and also at the same time a depreciating asset.

When are you as a consumer entitled to a refund?  The Consumer Protection Act: No 68 of 2008 (CPA): Refunds:

We often get asked about refunds due to consumers in terms of the CPA or the common law.

As a result of yet another two enquiries today; which both dealt with a refund in respect of a defective and danged motor vehicle bought by a client, we believe that we need to explain this issue again today.

At The Legal Advice Office; we get many enquiries every single week from clients and consumers about whether, when and how they can go about returning faulty or damages goods that they have bought from a supplier.

Consumers now have the right to quality goods and services!

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

There are a number of innovative consumer protection mechanisms in the CPA which are revolutionary in nature.

It is irrelevant whether a product failure or defect was latent (hidden) or patent (visible), before taking delivery of the item.

If you’ve bought a defective product, it is comforting to know that, in terms of the Consumer Protection Act (CPA), you as the consumer, are not without remedy. But to investigate your options, you must understand what the CPA provides for and what your legal rights are.

The answer to this question is found in The Consumer Protection Act: No 68 of 2008(CPA): Section 55: Consumer’s rights to safe, good quality goods:

“Quality is everyone’s responsibility” is a quote by W. Edward Deming; and should be aspired to by all of us.

In our previous blog we looked at what you can do if you buy a defective item.

Now we look at why it is that we enjoy that protection.