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The impact of the Consumer Protection Act on leases: landlords must get their houses in order

30th November 2010

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Recent media hype regarding the imminent implementation of the Consumer Protection Act, 68 of 2008 ("the CPA") has highlighted its impact on the manufacturing, supply and distribution of goods and services. Little notice has been taken of its effect on leases of immovable property. However, landlords would be well advised to investigate their obligations under the CPA.


Applicability of the CPA

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The CPA will apply to: every transaction occurring within South Africa (including agreements between people acting in the ordinary course of business for the supply of goods or services to consumers in exchange for consideration, as well as the supply of goods at the direction of consumers), unless expressly exempted; and the promotion of any goods or services; and the supply of any goods or services, within South Africa (unless exempted and subject to exception); and the actual goods or services that are supplied or performed in terms of a transaction to which the CPA applies.

 

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Written by: Danelle Corbett, Director at Werksmans Attorneys


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