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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1356
Experience:  BLC LLB (Pret) LLM (Augsburg)
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I sold a car, to someone, and I still owed the bank

Customer Question

I sold a car, to someone, and I still owed the bank
Submitted: 3 years ago.
Category: South Africa Law
Expert:  Mike Otis replied 3 years ago.
Welcome, and thank you for your question.

In order to enable me to assist, kindly provide further information.
1. Did you inform the bank of the proposed sale?
2. I'm assuming that something went wrong. Please elaborate.

Yours faithfully
Customer: replied 3 years ago.

No I did not inform the bank, although when I did , they were willing to try and help me get my car back. We went as far,as I signing the car back to them.

When the bank contacted them to collect the car, they said they wouldn't without a court order. Which the bank were not prepared to do. So I got them to cancel the papers I signed, and thought I could go the civil route.

Which I can't, as the agreement, we signed was illegal. On both sides, they gave me a car, that they also owed money on, (which I believe they have since paid) also that car is totally un-roadworthy, which is what sparked them offering, then backing off canceling the deal. So I want to know, if an agreement is illegal, is it binding

Expert:  Mike Otis replied 3 years ago.
In respect of the transaction that you entered into with the other persons who bought your car, please explain what the terms of your agreement was and whether or not they kept to their end of the bargain. If they did not keep to their end of the bargain, which I assume is the case, what did or didn't they do?

Yours faithfully
Customer: replied 3 years ago.

Hi Mike

The person is actually my Daughter and her husband

The deal was written up by myself

and yes a few of the terms have broken, the main was the first installment, which was due a week ago. In a clause to address this, was that if they missed a payment, the car was to be returned to me, and only by mutual agreement, they then would have to pay the full price

The other, was the car they gave me, (which I was dead against, but my daughter managed to break me down as, she always does) as part of the selling price. She also owed money on it, plus it is totally un roadworthy, got a quote to have some of the things fixed, which they refused to pay for, and which actually set off the whole - They offered me to cancel which I accepted, and they back tract.

Expert:  Mike Otis replied 3 years ago.
And have you already changed the registration details of the vehicles at the traffic department?