"Let the truth set you free"

My experience with Bryanston Executive Cars

Additional interesting facts about the waiver provided on the signed offer to purchase. ( as per MOISA's investigation)

Investigation by the MIOSA: We have assessed the submissions made by both parties involved and all the supporting documents forwarded to this office. The respondent stated that they sold the subject vehicle in a specific condition, however there is no indication that section 49 subsection 4 was applicable to this transaction.

The MIOSA will comment that the waiver provided on the signed offer to purchase is a contravention of Section 51 Subsection 1 of the Consumer Protection Act 68 of 2008 which relates to Prohibited transactions, agreements, terms or conditions and states that a supplier must not make a transaction or agreement subject to any term or condition if its general purpose or effect is to defeat the purposes and policy of this Act or directly or indirectly waive or deprive a consumer of a right in terms of this Act. In light of the above, we make reference to the imp**** six months warranty provision of the Consumer Protection Act 68 of 2008.

In terms of Section 55 Subsection 2 of the Consumer Protection Act 68 of 2008, every consumer has a right to receive goods that are reasonably suitable for the purposes for which they are generally intended; are of good quality, in good working order and free of any defects; and will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply.

Further to the above, Section 56 subsection 2 of the Consumer Protection Act 68 of 2008 states that there is a six months imp**** warranty after the delivery of any goods to a consumer and the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense. It further states that the supplier must at the direction of the consumer either repair or replace the failed, unsafe or defective goods.

Recommendation by the MIOSA: With the above in mind, the office of the MIOSA cannot support the expectations of the complainant as stated in his submission for a deal cancellation. However, it is the recommendation of the office of the MIOSA that the respondent should take accountability and have the subject vehicle collected at their own risk and expense for assessment and repairs in line with section 56 subsection 2 of the Consumer Protection Act 68 of 2008.

The above action should be carried out within 15 ( fifteen) working days as of date of this correspondence.