How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2464
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
75614155
Type Your South Africa Law Question Here...
Freddie Lombard is online now
A new question is answered every 9 seconds

I bought a Audi A4 from Nissan Bruma in May 2015, on the 29

Customer Question

Hi I bought a Audi A4 from Nissan Bruma in May 2015 , on the 29 June I notified them that the vehicle had been in a accident .
I have driven the car up till now as they had requested me to , now I want to return the vehicle because they have not been able to find me a new car to replace. What charges do I have to pay back to them and remember I notified them one month later
Thanks
Submitted: 10 months ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 10 months ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

I assume that they requested you to keep the vehicle until such time as they can replace it?

The Consumer Protection Act provides that, where goods are found to be defective in quality within six months of their purchase, the customer may insist upon a refund, or may allow the seller the chance to repair or replace the goods.

If you simply returned the vehicle when you reported it, you would not have had to pay anything but given what has transpired now, it is unclear how it should be handled as the act is silent on this. An argument can be made out if they requested you to keep the car while looking for a replacement as your damages (of being without a car) can be set off against their damages (allowing you use of the car). This is however simply an argument and not a rule.

The only way to be sure is to have it tested in court.

I would advise you to discuss this with the dealer and take things from there. If you remain unsatisfied with the result you should refer a dispute to the National Consumer Commission who can make a decision if you should pay for anything at all.

I hope this answered your question.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards