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Recent Industry Articles

Shoppers: a New Ombud rides to your rescue!

Shoppers: a New Ombud rides to your rescue!

The appliance you bought at your local store doesn’t work when you get it home, so – -- You take it back and demand a refund. -- The store refuses and insists on repairing or replacing it instead. -- You know enough about your rights in terms of the Consumer Protection Act to insist that you get to choose between a refund, replacement or repair – it’s not the store’s choice. -- But still the store refuses to refund you, so you complain to the NCC – the National Consumer Commission. The problem is that the NCC has increasingly come under fire from…
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Who will rid me of this leaking roof?

Who will rid me of this leaking roof?

“If the roof doesn’t leak, the architect hasn’t been creative enough” (Frank Lloyd Wright) Witticisms by modernist architects aside, can you sue the seller when the roof of your new dream house starts leaking shortly after purchase? Roof leaks by their very nature often result from “latent” defects, a latent defect being one that “would not have been visible or discoverable upon inspection by the ordinary purchaser”.  And in all likelihood your sale agreement contains a standard voetstoots clause in terms of which the property was sold “as is”, with the seller contracting out of all liability for latent defects.…
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