Legal Advice

  • 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).

  • The Legal Advice Office is an exclusively internet-based legal business/firm; which although run from the Western Cape offers legal advice and legal and paralegal service right throughout the whole of South Africa and we interact with our clients only by phone and by email.

  • What is The Legal Advice Office?

    Who are we and what do we do?

    The answer to these questions is found on our website; www.legaladviceoffice.co.za; but here is a brief summary.

  • What is The Legal Advice Office?

    Who are we and what do we actually do?

  • Franchise Lease Termination

    Certain TIME-SHARE AGREEMENTS are not “fixed term” agreements as they have no term. 

    Lease cancellations:

    Section 14 of The Consumer Protection Act No 68 of 2008 (CPA):

    In our last blog we looked at the wording of the whole of section 14 of the CPA and also at the full wording of regulation 5.

    Today we will concentrate on section 14 (1) of the CPA.

  • CONSUMERPROTECTION

    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 31st 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.

  • People get arrested in South Africa every day.

    Normally the SAPS will only arrest a person when a serious crime is involved, but this is not always the rule and people are arrested even for what one would think are minor offences like shoplifting of reckless driving.

    If this should happen to you; what do you do?

  • Intellectual property procection copy

    Can someone use your ideas and posts on social media platforms without your consent?

    Last week we were asked to do a blog on Intellectual Property; in the sense that someone complained to us that people were using her ideas and posts on social media platforms without her consent.

    Can they do that??

    Intellectual property, in its broadest sense, can be an invention, an idea or a process/method of doing things that is the product of your work and/or your mind and would include registered trademarks and patents which are formally registered; but also your songs, music and even your blogs, writings, essays, articles and other writings such as poems, letters etc. They all form part of your Intellectual Property. You have the copyright in your IP.

    So the question arises can someone else use your ideas?

  • firearm lisence

    The application to renew a firearm license must be filed at least 90 days before the expiry date.

    During the course of last week; we received the following query.

     “I own a 9 mm Parabellum firearm, which has always been validly and legally licensed. At the end of last year and the first three months of 2018, I was out of the country for five months as a result of work commitments and as a result was unable to renew my firearm licence before its expiry in March 2018.

    On my return, in April 2018, I went to the police, but they told me that because my licence had not timeously been renewed; the license was now invalid and that my possession of the firearm was now illegal.

    Can this really be the case? Surely I have a valid excuse for not having renewed my licence on time?”

  • 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.

  • How does the Common Law protect you in these circumstances and

    How does the Consumer Protection Act No 68 of 2008 (CPA) protect you?

    What do you need to do and what are the guidelines in this situation?

  • 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.

  • The Law of Insurance:

    insurance fraud

    It is probably true to say that most of us have a love-hate relationship with insurance companies.

    We pay premiums to them to keep us covered for a loss/theft, but feel that most times the insurance companies try to avoid liability or use technical reasons to avoid the claim.

    Another aspect is Insurance Fraud:

    We thought we would start the new week with this completely different topic.

    Insurance fraud; what is it?

    Simply put; it is when an insured person claims from his/her insurance company for something that the insurer is not liable for; in terms of the insurance policy.

  • 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.

  • In our last blog, we looked at then are entitled to a refund in respect of defective or damaged goods.

    If the item you purchased is defective or damaged you are generally speaking entitled to either a repair, as a replacement or a refund.

    The situation is however entirely different if there is nothing wrong with the item purchased from the supplier; as with an enquiry we had this morning from a lady who had purchased items online and then found that they were not exactly what she had intended to buy. There was however nothing wrong with the items themselves.

  • Death, like taxes, they say, is inevitable (for all of us.)
    When it does happen we hope we go to Heaven; but what happens down here on Earth in our absence.

    Besides the fact that we will be missed; the family and friends we had during our lifetime have to carry on without us.

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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (028) 316 2458
Email: info@legaladviceoffice.co.za