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Consumer Law | The Legal Advice Office

Consumer law advice and legal services especially pertaining to the purchase of defective and damaged motor vehicles and your remedies in these circumstances. Cancellation of Leases and contracts etc.  

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buying a lemon car

What do you do if you purchase a defective motor vehicle from a new or second hand vehicle? How does the Consumer Protection Act No 68 of 2008 (CPA) and the common law protect you? What do you need to do and what are the guidelines in this situation?

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.

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.

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.

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).

defective vehicle lemon

What do you do when the service provider insists on a repair, but then cannot fix it?

So you bought a lemon (a defective motor vehicle) and gave the service provider an opportunity to repair the defects in the vehicle, or they insisted on a repair, but they could not fix it.

 What do you do?

 Very often consumers, when they have an issue with a vehicle that they have bought, take it back to the dealership from whom they bought the vehicle to have them analyse the vehicle for the faults or defects and have it attended to in a repair.

But what does one do if they cannot fix it to your satisfaction?

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South Africa

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Phone: +27 (028) 316 2458
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