Fourie v Agenbag Motor Group (NW12/2017)
Fourie v Agenbag Motor Group (NW12/2017) [2018] ZACONAF 3 (4 May 2018)
The court found that the defendant failed to disclose any defects to the plaintiff at the time of sale, rendering the voetstoots clause unenforceable under the Consumer Protection Act. The Act requires transparent and honest dealings, and prohibits contractual terms that deprive consumers of statutory rights. The plaintiff reported defects within 14 days of delivery, well within the six-month period prescribed by section 56. The defendant's reliance on the discount and waiver was rejected, as these did not override the plaintiff's statutory rights. The plaintiff was entitled to a refund of th…
Source excerpt
- Consumer Protection Act
- Voetstoots Clause
- Contractual Defects
- Refund Rights
- Disclosure Of Defects