Defective Motor Vehicles:  The choices of a repair, replacement or a refund.

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

One of the matters that we, at The Legal Advice Office, specialise in is the topic of defective motor vehicles.

We get many queries at The Legal Advice Office each week from people you want our help regarding the purchase of defective or damaged motor vehicles.

This last week we got a rather cryptic inquiry:

“ I have read in one of your blogs of some time back that if I were to buy a defective motor vehicle, or “ a lemon” as you referred to it as; that I have the choice of a repair, a replacement or a refund at the dealer’s expense. Is this true; and if it is; when and how do I go about doing so; as I have definitely bought “a lemon” from a dealership in Boksburg?”

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.