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Bester v Lin-Shaw Properties (Pty) Ltd (NCT/233130/2022/75(1)(b)) [2022] ZANCT 63 (26 November 2022)
The Tribunal found that a defective pre-owned vehicle breached the CPA and ordered the supplier to refund the purchase price and tyre costs.
National Consumer Commission v Western Car Sales CC t/a Western Car Sales (NCT/81554/2017/73(2)(b)) [2017] ZANCT 102 (14 September 2017)
The Tribunal found that the respondent sold a defective vehicle to Ms Van Lill and attempted to evade statutory liability by using standard contract terms purporting to exclude warranties and liability. The evidence showed that the vehicle was not fit for purpose, broke down within days, and was not usable. The Tribunal held that the respondent's contract wording did not meet the requirements of section 55(6) of the Consumer Protection Act, as there was no objective evidence that the consumer intended to purchase the vehicle as scrap or in a non-running condition. The Tribunal concluded that…
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