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If I brought a car from Mr X and he supplied me with papers…

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If I brought a car...
If I brought a car from Mr X and he supplied me with papers (only three months later) that indicate that the car was scraped and hence I could not register the car in my name. What do I do to get my money back from him as I have stated that I do not want the car. Every month he has a different story as to why he cannot give my R11000 back. I told him 3 hours after taking the car that I wanted my money back. This was in Decmeber 2009 and I am still waitjng. The police refuse to get involved because there is a contract in place which Mr X has not honoured.What now?
Submitted: 8 years ago.Category: South Africa Law
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Answered in 6 minutes by:
6/9/2010
Lawyer: WCLawyer, Attorney replied 8 years ago
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
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The contract is unenforceable as it is impossible for him to deliver a vehicle to you for the purpose you bought it. He should therefore give the R 11 000 back upon delivery of the vehicle.

Write him a letter in which you state that you wish to deliver the vehicle back as soon as he gives you the R 11 000. You should tell him further that he must do so within 14 days, failing which, you will issue summons against him. Tell him that because he knew of the defect in the vehicle (that it is unregisterable) when he sold it to you, you will bring fraud charges against him and also, at the civil hearing, ask for a cost order on an attorney and own client scale.

If he does not comply, you will have no other option than to approach an attorney to assist you with a civil claim against this unscrupulous and dishonest person.
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Customer reply replied 8 years ago
Thanks for the advice. I will tell you how it went.How long does this process take?
Lawyer: WCLawyer, Attorney replied 8 years ago
I can give you the same answer here than in the previous question. It depends on if he defends it. In this instance, however, I believe your attorney will be able to successfully apply for summary judgment if needed, so it should not take longer than about three months if that is the case.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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