How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask WCLawyer Your Own Question

WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15000
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

I was about to buy a car and paid deposit for it. After the

Resolved Question:

I was about to buy a car and paid deposit for it. After the banks declined my car finance the car dealer is refusing to pay me back the deposit I paid for the car! It's almost two weeks now and the owner is lying and saying they will do the refund of the deposit in two hours. Up until now I still haven't received my funds. What can I do?
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.
Good day.

This is an info request to assist you better. Please continue on this thread.

What is the value of the deposit?
Customer: replied 1 year ago.


15000.00

Expert:  WCLawyer replied 1 year ago.
Was the term "rouwkoop" ever mentioned and was it part of the agreement that the deposit will be paid back if the bank declines or you are unable to find finance?
Customer: replied 1 year ago.

They said they will pay it back, he keeps saying they had made the deposit but he's lying its upsetting because the owner is the one lying. Saturday the said they made the payment from an absa account to my fnb account so yesterday it didn't reflect and i call them and now he's ignoring my calls.

Expert:  WCLawyer replied 1 year ago.
This is a motor vehicle dealership? It is not a private sale?
Customer: replied 1 year ago.


its a dealership its here in Cape Town, in Claremont the name is O&J Car sales.

Expert:  WCLawyer replied 1 year ago.
The amount of R 15 000 is unfortunately more than the jurisdiction allowed by the Small Claims Court, but there is an ombudsman that you can approach in order to collect your money. The Ombud is the Motor Industry Ombud and you can lay a complaint through their website at www.miosa.co.za.

If they cannot or will not assist you, unfortunately this means that you would have to sue them for the money. The most cost effective way in doing this, where you will get the largest amount back, would be to use the Small Claims Court.

I am afraid that you would have to abscond R 3 000 of your claim, however, to get it within the jurisdiction of the court. Unfortunately, if you sue for the full amount at Magistrates Court, chances are that you will have to pay that R 3 000 in legal fees anyway, which is why I suggest you use the Small Claims Court. There are no lawyers allowed at Small Claims Court.

But try the Motor Industry Ombud first.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively. I do not get anything unless you rate the service.
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15000
Experience: L.LB (UOVS)
WCLawyer and other South Africa Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
< Last | Next >
  • http://ww2.justanswer.com/uploads/tumi65/2009-12-28_9197_BABA_I_FRIENDS_013.jpg PHINEAS MOTAUNG's Avatar

    PHINEAS MOTAUNG

    Attorney

    Satisfied Customers:

    113
    BACHELOR OF LAWS
  • http://ww2.justanswer.com/uploads/emil102/2010-05-04_160842_IMG000806.jpg Emil's Avatar

    Emil

    Attorney

    Satisfied Customers:

    33
    BCom Law LLB, 3 years post article experience as attorney
  • http://ww2.justanswer.com/uploads/Lurine/2010-10-04_101308_LCP.jpg LCP's Avatar

    LCP

    Attorney

    Satisfied Customers:

    21
    BCom (Stell) LLB LLM
  • http://ww2.justanswer.com/uploads/KimGAtt/2009-11-04_164526_Profile.JPG K. Groenewald's Avatar

    K. Groenewald

    Attorney

    Satisfied Customers:

    19
    LLB (Pret). Extensive litigation experience in general civil & family law matters. Debt Counsellor.
  • http://ww2.justanswer.com/uploads/SA/SATOPLAW/2013-9-13_13566_IMG20130304WA000.64x64.jpg Shaie Zindel's Avatar

    Shaie Zindel

    Attorney

    Satisfied Customers:

    1052
    All areas of commercial and contract Law - specialist in property advice.
  • http://ww2.justanswer.com/uploads/IN/inciteadvisor/2013-9-5_193316_incitead.64x64.jpg inciteadvisor's Avatar

    inciteadvisor

    Commercial Lawyer

    Satisfied Customers:

    814
    B.Com LLB Registered Corporate lawywer
  • http://ww2.justanswer.com/uploads/AN/AntonSmith13/2013-2-21_17147_Snapshot.64x64.png AntonSmith13's Avatar

    AntonSmith13

    Attorney

    Satisfied Customers:

    45
    LLB, LLM, Cert. International Law Attorney with 12 years experience
 
 
 
Chat Now With A Lawyer
WCLawyer
WCLawyer
Lawyer
15000 Satisfied Customers
L.LB (UOVS)