South Africa Law

Get your South African law questions answered by Experts

Ask a Lawyer,
Get an Answer ASAP!

I bought a car at an auction and took it to a Dealer that…

Customer Question
I bought a car...

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?

Lawyer's Assistant: OK. Have you consulted a lawyer yet?

No

Lawyer's Assistant: Please tell me everything you can about this issue so the Lawyer can help you best. Is there anything else the Lawyer should be aware of?

Nothing more!

Submitted: 2 years ago.Category: South Africa Law
Show More
Show Less
Ask Your Own South Africa Law Question
Answered in 4 minutes by:
2/4/2016
Lawyer: Freddie Lombard, Attorney replied 2 years ago
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
Experience: Practicing attorney and conveyancer with 16 years post article experience.
Verified

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?

Ask Your Own South Africa Law Question
Customer reply replied 2 years ago
Not in the business. Only bought a car and resell it! No Contract sign only sign at the bank with the assessor .
Customer reply replied 2 years ago
It is very urgent please!
Lawyer: Freddie Lombard, Attorney replied 2 years ago

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

Ask Your Own South Africa Law Question
Lawyer: Freddie Lombard, Attorney replied 2 years 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

Ask Your Own South Africa Law Question
Lawyer: Freddie Lombard, Attorney replied 2 years 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

Ask Your Own South Africa Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Freddie Lombard Your Own Question
Freddie Lombard
Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2,820
2,820 Satisfied Customers
Experience: Practicing attorney and conveyancer with 16 years post article experience.

Freddie Lombard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

PHINEAS MOTAUNG

PHINEAS MOTAUNG

Attorney

113 satisfied customers

BACHELOR OF LAWS

Emil

Emil

Attorney

33 satisfied customers

BCom Law LLB, 3 years post article experience as attorney

LCP

LCP

Attorney

21 satisfied customers

BCom (Stell) LLB LLM

Freddie Lombard

Freddie Lombard

Attorney

2,820 satisfied customers

Practicing attorney and conveyancer with 16 years post article experience.

Shaie Zindel

Shaie Zindel

Attorney

1,249 satisfied customers

All areas of commercial and contract Law - specialist in property advice.

inciteadvisor

inciteadvisor

Commercial Lawyer

814 satisfied customers

B.Com LLB Registered Corporate lawywer

Christiaan K

Christiaan K

226 satisfied customers

Attorney & Director at Lombard Kotze Incorporated

< Previous | Next >

Related South Africa Law Questions
I bought a cherry tiggo TX6 at menlyn Pretoria.. i have been
i bought a cherry tiggo TX6 at menlyn Pretoria.. i have been experiencing a lot of problems.. to date they have not finished me with the spare key after numerous attempts to get their attention. the f… read more
CaseLaw
CaseLaw
Attorney
Bachelor's Degree
785 satisfied customers
Freddie i purchased a property which is liquidated the owner
Hi Freddie i purchased a property which is liquidated the owner stayed on the premises till the 7 May this year. Now my contract states that occupational rent will be calculated at 9% per annum on the… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
i bought a 2nd hand car 000 (was priced at R64 000).
i bought a 2nd hand car 000 (was priced at R64 000). Request from dealer was that I was looking affordable 7 seater that is safe, reliable and economical kids transport. I test drove 2 cars, showed in… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I bought a 2010 polo TDI as a "great car in excellent condition" on a public auc
I bought a 2010 polo TDI as a "great car in excellent condition" on a public auction. It transpired once bougt that it needed a service. I took it for its service and the brake pads needed replacing a… read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,820 satisfied customers
Hi Goodday We bought a car from a dealership.The value of
Hi Goodday We bought a car from a dealership.The value of the car is retail R31 300 and the cash price is R26 400 but the dealer we bought it from sold the car for R62500 and then we swop the car for … read more
Freddie Lombard
Freddie Lombard
Attorney
Bachelor's Degree
2,820 satisfied customers
Goodday, My brothers property was repossed, he lost everything
Goodday, My brother's property was repossed, he lost everything and I tried to assist him it's been more than 18months now that I have been trying to negotiate with the bank to buy back this property … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I bought a car from a reputable company last week only to find
I bought a car from a reputable company last week only to find a slight noise after taking ownership. I am taking teh car back for them to fix which they are gladly doing. This noise got me suspicious… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hi There I sold my car today and I had the clause voetstoods
Hi There I sold my car today and I had the clause voetstoods in it the buyer looked the car over for about 2 hours and took it for a test drive he noticed a shutter in the brakes after he drove like a… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
My nephew bought a second hand car in 2011 from a garage;
My nephew bought a second hand car in 2011 from a garage; in november the police stopped him and notified him that his was reported stolen in 2005 and it has a duplicate. He showed them the documents … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I purchased a car at an auction on Saturday 13/10/12 at about
I purchased a car at an auction on Saturday 13/10/12 at about 1h30 pm. The problem is that I arrived when the action had already started and hastilly paid my R20 000 deposit in order to get a bidding … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
I recently bought a 2011 model car from the auctions voetstoots
I recently bought a 2011 model car from the auctions voetstoots not knowing that this car has been involved in a accident and was repaired. When i took the car for a roadworthy test they found endless… read more
inciteadvisor
inciteadvisor
Commercial Lawyer
Post graduate degree- LLB
814 satisfied customers
Is it legal for a finacial advisor from a private bank to get
Is it legal for a finacial advisor from a private bank to get some of his clients together with himself , register as a company and to buy property and other businesses?… read more
Shaie Zindel
Shaie Zindel
Attorney
B.A. (RAU); BProc (RAU)
1,249 satisfied customers
bought a car last year may and sold it in December 2011. When
bought a car last year may and sold it in December 2011. When i sold the car told the guy that the previous owner told us was in a fender bender. There is nothing wrong with the car and now almost 3 m… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
hi my brother recently purchased a second hand car privately.
hi my brother recently purchased a second hand car privately. opun aquiring the vehicle we discovered it was not an original model of the vehicle even thought it was advertised as such also we found t… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Hallo,i bought a new motor last Friday and we are not satisfied
Hallo,i bought a new motor last Friday and we are not satisfied with it.We told the dealer about the problems, they took the car and fixed the problems, but all has not been resolved.Because it's a ne… read more
JOHANN
JOHANN
Master's Degree
3,396 satisfied customers
I bought a car at a second hand dealer in Bloemfontein on the
I bought a car at a second hand dealer in Bloemfontein on the 6th of July 2011. Before we bought the car we asked the dealer whether the car was in an accident. He denied having any knowledge and said… read more
Mike Otis
Mike Otis
Master's Degree
1,508 satisfied customers
I am a South African citizen living in Johannesburg. I applied
I am a South African citizen living in Johannesburg. I applied for vehicle finance to buy a used car via a Private Bank, which was approved on the 15th of December 2010. The contract is an instalment … read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers
Last year, I gave my car to our Accountant to sell. His son
Last year, I gave my car to our Accountant to sell. His son collected the car on his behalf and was told not to ask any questions. He told me not to worry because he found a buyer.I was satisfied. I d… read more
JW Fourie
JW Fourie
Attorney
Bachelor\u0027s Degree
6,698 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x