Dicky DQ Posted February 12, 2011 Posted February 12, 2011 The act does not explicitly refer to new items so is there a lawyer on the hub who knows if it applies to used goods too which would have repercussions for the term "voetstoets". As far as I recall Voetsoots will no longer be valid, you will have to define condition and any latend defects etc.
TNT1 Posted February 12, 2011 Posted February 12, 2011 As far as I recall Voetsoots will no longer be valid, you will have to define condition and any latend defects etc. Yikes... Late last year I sold one of my trucks and specifically used the words 'in as is condition' in the contract of sale...
Slowbee Posted February 12, 2011 Posted February 12, 2011 how is this going to be brought in for houses ? how is going to be decided as to latent defects ? especially if the current home owner does not know ?
Dicky DQ Posted February 12, 2011 Posted February 12, 2011 how is this going to be brought in for houses ? how is going to be decided as to latent defects ? especially if the current home owner does not know ? You will need to prove that you did not know, tricky I know, but we will have to see some test cases first. However most homeowners know about a lot of latent defects that they just keep mum about and they come out in the first month or so.
Minion Posted February 12, 2011 Posted February 12, 2011 Does anyone know how (or whether) the CPA applies to transactions for secondhand goods between individuals e.g. the Hub classifieds.
cat-i Posted February 12, 2011 Posted February 12, 2011 how is this going to be brought in for houses ? how is going to be decided as to latent defects ? especially if the current home owner does not know ? would it be easy and cheap to take action?when i bought my house, i specifically asked whether the garage's building plans was apporved by council, whether the stove was working, few other things. they could not have 'not known', but afterwards getting the building plans approved and fixing the stove was my problem, it was just too expensive to take action. if the consumer act can get one thing right: access to legal help without costing more than the damage incurred - then it would be VERY positive
GrumpyOldGuy Posted February 12, 2011 Posted February 12, 2011 would it be easy and cheap to take action?when i bought my house, i specifically asked whether the garage's building plans was apporved by council, whether the stove was working, few other things. they could not have 'not known', but afterwards getting the building plans approved and fixing the stove was my problem, it was just too expensive to take action. if the consumer act can get one thing right: access to legal help without costing more than the damage incurred - then it would be VERY positive It would'nt be any cheaper than it is now, the consumer still has to litigate if they want to enforce their rights. Where it will differ is that you stand a very good chance of succeeding in court (if it gets there) and you can recover your costs from the vendor, so the theory is most vendors would rather sort the matter out between themselves than risk a case where they stand a good chance of losing and having to pay your costs as well.
GrumpyOldGuy Posted February 12, 2011 Posted February 12, 2011 (edited) Does anyone know how (or whether) the CPA applies to transactions for secondhand goods between individuals e.g. the Hub classifieds. Yes, the law covers all buying and selling transactions. Its just a lot more difficult to enforce against a private person who could disappear, - but in theory it will apply. Edited February 12, 2011 by GrumpyOldGuy
Icycling Posted February 12, 2011 Posted February 12, 2011 What about lease agreement for residential property or commercial property? Say you have a 1 year lease now can you give 2o days notice regardless of where you are in that lease? Will this work both ways? Sell a house - I suppose you will have to point out that you have a high pressure geyser which will eventually explode!
Azi Posted February 12, 2011 Posted February 12, 2011 would it be easy and cheap to take action? Yes it will. It will not be necessary to go to court, instead there will be a Commission that you can approach to resolve the issue at minimal expense, whose ruling will carry legal weight, but shall be appealable (if there is such a word) to a Tribunal (similar to how the Competition Commision works). Rulings here shall have legal standing.
Choppie Posted February 13, 2011 Posted February 13, 2011 What about lease agreement for residential property or commercial property? Say you have a 1 year lease now can you give 2o days notice regardless of where you are in that lease? Will this work both ways? Sell a house - I suppose you will have to point out that you have a high pressure geyser which will eventually explode! I don't totally understand that one either. What's the use of signing a 24 month contract with Vodacom if you could cancel it at any time with a small penalty. That means Cellphone companies won't be giving anymore upgrades or free phones. But I know I'm probably misunderstanding that whole part of the act.
Minion Posted February 13, 2011 Posted February 13, 2011 I don't totally understand that one either. What's the use of signing a 24 month contract with Vodacom if you could cancel it at any time with a small penalty. That means Cellphone companies won't be giving anymore upgrades or free phones.They can't charge you a large penalty, but they can still charge you for the cost of the phone that you got with the contract.
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