CPA

  • The Consumer Protection Act: No 68 of 2008 (CPA): Section 55: Consumer’s rights to safe, good quality goods.

    The Consumer Protection Act, No 68 of 2008; (CPA); which, as mentioned in our last blog, came into effect at midnight on the 31st 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.

  • The Consumer Protection Act No 68 of 2008 (CPA): Section 56 (2): Consumers rights and choices.

    We were looking in our last blog at the implied warranty on the quality of goods guaranteed by the Consumer Protection Act and more particularly section 55 ( & 56) of that piece of legislation.

    There is still 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.

  • 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?

  • brokendown vehicle

     On Friday last week; I received an email which read:

     “If I have bought a defective, or a previously accident damaged, vehicle; what are my consumer rights and how do I enforce them?”

     This is simply a question but the answer to it; not so simple.

    Firstly, you have certain common law rights eg not to be sold a defective “merx” (Item).

    However, you also have legislation which protects you In the form of the Consumer Protection Act No 68 of 2008 (CPA)

    Your remedies in terms of that Act are set out in Chapter 3.

  • 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.

  • Hundreds of cars are bought and sold each day in the RSA.

    If you bought a vehicle that is either defective or damaged or not fit for its intended purpose; what can you do about it?

    Here is a case study.

  • lemon law 800 x

    So you bought a lemon? What do you do?

    Two weeks ago we did a blog on the real-life situation where you buy a defective motor vehicle.

    Over the weekend: we received an email which read as follows.

    “Hugh, I did precisely that. I bought a lemon! On the 23rd January of this year; I bought a motor vehicle from a well-known dealership in Cape Town. I was very happy with my purchase during the first three months, but at the end of April, I started having transmission and gearbox problems. Having previously read some of your blogs on your website regarding defective motor vehicle; I took it back to the dealership where I bought the car for them to do a diagnostic test. They are now telling me that the cost of repairs is going to be almost R 54000.00 and I do not have that sort of money and their 3-month warranty had just expired when I took the vehicle into them so it is no longer under guarantee. What can I do? Please help!”


  • It is all very well to talk about consumer’s rights and the protection afforded by the CPA; but how does one actually enforce ones consumer rights?

    The answer to this question is contained in Chapter 3 of the CPA which deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    Chapter 3 consists of Part A to Part D; and it covers sections 68 to 78 of the CPA

  • As we saw on our last blog; that Chapter 3 of the CPA deals with the protection of the consumer’s rights and gives the consumer a voice where he/she can be heard.

    It consists of Part A to Part D; and it covers sections 68 to 78 of the CPA.

    In our last blog, we looked at section 69.

  • 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.

  • 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).

  •  

    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.

  • 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.

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