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

banks declined my car finance...
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?
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Answered in 1 minute by:
8/21/2013
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15,603
Experience: L.LB (UOVS)
Verified
Good day.

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

What is the value of the deposit?
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Customer reply replied 4 years ago


15000.00

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?
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Customer reply replied 4 years 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.

This is a motor vehicle dealership? It is not a private sale?
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Customer reply replied 4 years ago


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

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
WCLawyer, Attorney
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Experience: L.LB (UOVS)
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Category: South Africa Law
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