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

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Hi I bought a Audi...
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: 2 years ago.Category: South Africa Law
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Answered in 11 hours by:
1/23/2016
Lawyer: Freddie Lombard, Attorney replied 2 years ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
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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

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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