Legal advise required Re: Private sale of car.

[danieljames]

Sold "AS IS" or " VOETSTOETS" is voetstoets. (and it sounds like he "toets'd" the k@k out that thing). On gift today they had some ou from velocity cars talking about the pro's and cons of private sale vs dealerships. If he wanted a car with a guarantee he should have bought through a dealership. If you honestly didn't know about the defects then there's no reason to feel for the oke. So many of us sell out beloved well looked after cars only to see them in flenters just a few months down the line......

---

GHFM

 

[adamr]

thing is I will refuse the refund ... he will then need to to take the matter to court which will most probably be the high court ... now there is a chance he can win the matter ... BUT

this will take years and cost at least R250k in lawyers fee ... the effort and cost will be too much for him

he can not charge you, as it is not a police matter, nothing stolen, no fraud ... its his word against yours and only a judge and court can resolve this matter

secondly I have studied the CPA act and it doesnt state explicitly this applies only for retailers or dealers ... it mentions any person selling any goods etc etc blah blah blah ... again let him try going the CPA route and he will most prob get the first response stating his complaint has been lodged ... there after *crickets chirping*

the only real option for him is court ... and that wont materialize ... in many instances these high court cases never see it to the end and there is usually a settlement out of court ...

so my advice tell him to go the legal route, knowing at the back of your head nothing will materialize in the end ...

PS: i have been involved in such a process ... the effort and time and cost is too much ...

truth is he should have checked the car out properly before buying and it is his fault ... be it the car was smashed or not ... you hid nothing and even if you did the onus still lies on him to verify the condition of the car

 

[splintheter]

Thanks mate, I appreciate the time taken for lengthy reply.

Although the "I may loose" is a bit worrying.

This guy does worry me a bit as he has at least 20 cars from Ferraris to bentleys. One of my customers in cape town knows him (small WORLd) and Wil not do business with him anymore as they had a massive public falling out.

I just worry that with his resources he could make my life uncomfortable.

Never mind how the poor BMW is being treated.

I contacted all previous owners today and they say they would happily swear an affidavit saying no accidents while they owned her.



Sent from my LG-D802 using Tapatalk 2

 

[danieljames]

There's enough guys on this forum who've just said they're willing to be a character witness if things get out of hand. But don't show this ou you're worried. Tell him as it is. He bought the car as is. Sometimes you gotta be hard .......

 

[adamr]

dont stress about it ... trust me on this one ...

 

[Rory]

250kph... :-/

 

[freerider]

250kph... :-/

Exactly, I'd tell him to go get stuffed.

 

[ChefDJ]

Stop stressing bud. You have nothing to worry about. This won't hold up in court, no matter how good the advocate is. The magistrate will look at the file and throw it out of court and will tell them to stop wasting his time.

 

[NavZ]

Ah the M5.
I wish I bought it :flyfun:
and then sold it now :rollsmile:

 

[ChefDJ]

M5 was sold long ago.

 

[akash]

Did the car go in for a roadworthy when the change of ownership was done?

You can use this to your benefit.

 

[ChrisBrand]

Any sale agreement is subject to faults or defects, be it latent or patent. If at the sale there were no bvious faults that were pointed out by him or yourself we have to look at latent defects. If you were aware of any latent defects at the sale of the contract and you did by way of a positive acrion or ommission failed to disclose it you could be held liable, even in terms of a private sale unless the agreement of sale provides otherwise. Voetstoots clauses are not permissable under the cpa but seeing as this is a private sal they are in fact permissable. If a reasonable person in the circumstances cpuld not have reasonably known of the latent defects at the time of the sale then he cannot be held liable for same. Therefore the buyer would have to prove that the seller, by way of an act or ommission, purposefully attempted to hide the latent deffect being fully aware off same. Therefore in the circumstances you cpuld not have reasonably known of the clunk and bearing. The spraywork is a patent defect and it was his responsibility to point out same at the sale. Reasonable inspection would have drawn him to that conclusion. Therefore the sale was legit and no misrepresentations were made. He can through his toys everywhere out of his cott but it wont help him. He may be able to, if ypu are willing, negotiate in a reduction of the price but in no way are you liable to effext restitution.

 

[ChefDJ]

Any sale agreement is subject to faults or defects, be it latent or patent. If at the sale there were no bvious faults that were pointed out by him or yourself we have to look at latent defects. If you were aware of any latent defects at the sale of the contract and you did by way of a positive acrion or ommission failed to disclose it you could be held liable, even in terms of a private sale unless the agreement of sale provides otherwise. Voetstoots clauses are not permissable under the cpa but seeing as this is a private sal they are in fact permissable. If a reasonable person in the circumstances cpuld not have reasonably known of the latent defects at the time of the sale then he cannot be held liable for same. Therefore the buyer would have to prove that the seller, by way of an act or ommission, purposefully attempted to hide the latent deffect being fully aware off same. Therefore in the circumstances you cpuld not have reasonably known of the clunk and bearing. The spraywork is a patent defect and it was his responsibility to point out same at the sale. Reasonable inspection would have drawn him to that conclusion. Therefore the sale was legit and no misrepresentations were made. He can through his toys everywhere out of his cott but it wont help him. He may be able to, if ypu are willing, negotiate in a reduction of the price but in no way are you liable to effext restitution.

:thumbs:

 

[Bugger]

If the car HAD been in an accident before sale, legally you're responsible to tell the buying party. There are a lot of people who smash BMWs and then take them to a non-BMW approved panel beater so that there are no comments on the BMW system.

However, if they then sell the car and fail to disclose the fact that it's been in an accident, they are legally in the wrong.

Again, I saw this car first hand and drove it, there was no knock, no bearing noise, no whine, no wind noise, no nothing. Every panel on that car was dead straight and there was no mismatch in the colour (something even the BEST panel beaters battle with from time to time). When I spoke to the owner before Ant he swore that there had been no accidents, and he'd only driven the car for 4000kms before Ant bought it, and the owner before him was a woman who drove it like a granny.

Knowing Ant's character, I know for a fact he would never pull a "fast" one, and he has bought many cars blind, and sold them on after ensuring they were in top shape before the new owner took possession.

This dude is trying his luck, he actually has no viable means of restitution against you Ant.
And if you need evidence:
http://www.legaladviceoffice.co.za/...tion-act-private-sales-the-voetstoots-clause/

Case closed, he can go f@#k himself. Maybe a Fanatics drive to Welkom is in order...:thumbs: