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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2507
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I bought a car at an auction and took it to a Dealer that

Customer Question

I bought a car at an auction and took it to a Dealer that told me the car was previously in a light crash but nothing major is wrong. I got a buier that buy the car trough the bank . The bank person look at the car and was satisfied with the car. I also told the buyer that there is small faults on the car. The bank paid my money over and the transaction was not through when the bank phone me and said the buyer is not happy with the car and his brother looked at the car and they want to give it back. She now wants to put the payment of the money not through. What do I have to do now?
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Customer: no
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Customer: Nothing more!
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Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.

Hi there

Thank you for your question. I will try to assist you in answering it today but please feel free to ask as many follow up questions as you like until you are 100% satisfied.

Just a few more questions before I can answer.

1. Are you in the business of buying and selling cars or was this a once off thing?

2. Any written agreement?

Customer: replied 1 year ago.
Not in the business. Only bought a car and resell it! No Contract sign only sign at the bank with the assessor .
Customer: replied 1 year ago.
It is very urgent please!
Customer: replied 1 year ago.
Expert:  Freddie Lombard replied 1 year ago.

Please just allow me some time to draft my answer. I will post it shortly.

Expert:  Freddie Lombard replied 1 year ago.

If there was a legal and binding verbal agreement for you to sell the car to someone else then my next follow up questions would be exactly what were the terms of the verbal agreement, i.e. were any guarantees issued, did you mention that you are selling "voetstoots" etc.

Since you seem to be in a hurry to receive your answer, I have to work with what information I have to try and answer your question.

If you did mention that you are selling the vehicle "voetstoots" or "as is" then the buyer will find it difficult to simply cancel the agreement and you will be able to hold it to him. The "voetstoots" principle will not however help you if there were material defects on the car which you knew about but did not mention to the buyer AND these defects were not visible upon inspection. It will also not help you where defects were deliberately concealed by the seller and effectively hidden from the buyer.

From what you told me the procedure followed by the buyer to try and cancel the agreement was incorrect and can be attacked but this will not help you very much if he can simply rectify some formal requirements and then proceed to cancel the deal in any event.

If you made some guarantees (even verbal boasts) about the condition of the car and it ultimately proved to be false/incorrect, then the buyer is entitled to cancel the deal.

The long and the short of it is that even though it seems as if the buyer is in breach of the agreement, your only way to hold him to the agreement is by taking legal action to force him to go through with the deal. This can take a long time and there is always the risk that the court will find against you (for some reason).

In order to tell how strong your case is will require a detailed consultation with an attorney but from the little that you have told me, you do seem to have a case. Having said that, if I were in your shoes, depending on how easy/difficult it would be to get a new buyer, I would simply accept the cancellation and get a new buyer for the car as litigation is slow and expensive with no guarantees.

I know that this was possibly not the answer you were hoping for but please bear in mind that I am obliged to supply you with sound legal advice in accordance with the current legal position and that I am not able to change the laws to suit your case.

I therefore ask that you keep this in mind when rating my service and that you will rate my service, irrespective whether you like my answer of not.

I know it will take an extra minute of your time to rate my service, but if you do not rate it, I do not get paid by the website so I would really appreciate it if you would be so kind as to rate my service positively. Feel free to ask further question here on this topic at no extra cost if you need more information.

Regards

Expert:  Freddie Lombard replied 11 months ago.

Hi there,

I have noticed that you have not yet rated my service and consequently I am not sure if you still need help from me or if you are satisfied.

Please rate my service positively if you are satisfied.

Kind regards