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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2561
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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I sold a vehicle "voetstoots" to a person more than 2 years

Customer Question

Good day, I sold a vehicle "voetstoots" to a person more than 2 years ago. The buyer took possession of the car that same day, drove quite some distance and then the car overheated. They asked for assistance and I agreed to help them take the car to a garage that can fix it up. After the car was left at the service garage, they asked for a refund which I refused as I believe they removed parts from the vehicle. The car was subsequently towed to my father-in-law's place.
Long story short, the car has been standing on my father-in-laws property for 2 years and many attempts failed to get them to fetch the car. They tried to sue me 3 times and failed.
I need to get rid of the car as my father-in-law is moving. The car is still registered in my name as we agreed to fill in the change of ownership when I get to Pretoria 2 days after the sale. The sale agreement did mention this fact as well.
Is there a way I could sell the car to recover parking fees for the 2 years or not? What else can I do to get rid of the car?
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.

Your best bet is to send a letter of demand to the buyer demanding that they remove the vehicle, failing which, storage would be charged at a specific rate/amount from a specific date in future i.e. 7 days from date of letter.

If they fail to remove the car you can sue for the storage costs and have the sheriff attach the car in execution and then sell it at auction. This is not something that you can do yourself. You will need an attorney to get it right.

If you know where the buyer is staying, you can also write a letter stating that unless they remove the car you will have it towed to their address and claim your expenses from him.

I hope this answered your question.

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 1 year ago.

I am just sending this post to follow up as I have noticed that you have not yet read and rated my answer. It may be that you did not receive notification that an answer was posted or it ended up in your spam folder.

Please let me know if you need more help and if you are satisfied, kindly rate my answer.

Regards