Defective Goods
When clients consult us where the sale of goods or property are involved, the dispute revolves mostly around some or other defect in the item purchased.
In a contract for the sale of goods, our law provides that there is an implied term that the goods will be free from latent defects. To protect themselves from claims as a result of such defects, sellers will insist that a property be sold voetstoots. A voetstoots clause does, however, not always provide the seller with the protection he or she expects.
Where a dispute around the sale of goods is contractual in nature your available remedies are the same as with any other contractual dispute not governed by legislation.
In general, when you are faced with a breach of contract by another party you must choose whether to
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keep the contract in place and claim performance of the the other party of his/her obligations; OR
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cancel the contract and claim damages.
This is a very important decision to make because each of the options has its own consequences and once made, you are bound by your decision. Although you may be angry or frustrated because you feel that the other party has not done what was agreed, it is here where you must refrain from sending an e-mail or WhatsApp message in haste - once you have communicated that you cancel a contract, you are bound thereto.
Speak to us before you make your decision so that you can timeously be informed of the consequences and make your decision and informed one.
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GENERAL
Where a vehicle is involved, the dispute is normally that the car breaks down constantly because of some or other concealed defect which was not disclosed prior to the sale. The same goes for machinery.
Products are often advertised to be of some or other standard, only for the buyer to be greatly disappointed upon receipt of the product.
Depending on the nature of the transaction, when you have purchased defective goods, you can either institute proceedings in terms of the Consumer Protection Act 68 of 2008 ("the CPA") or in terms of our common law, the latter mostly based on breach of contract. Each of these options have a different set of requirements that must be complied with and it is important that you understand the consequences of your decision before you decide which process to implement.
We advise our clients on the remedy most suitable to their circumstances and needs whereupon we assist them with the institution of the relevant legal process.
MOVABLE GOODS
(Vehicles, Products, Machinery)
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