Private Car sale agreement that did not materialise
My name is Lerato Skosana I was approached by a company called we want cars because they saw an advert that I had placed on gumtree. On the 11 of September 2017 I took my car to the company they did an inspection and we signed a park and sale agreement and they told me i must leave the car in their possession . The agreement was that they sell the car on my behalf and they will not take the money and the commission they will get is from the buyer . I kept the original documents until they contacted me on the 11th of November 2017 that I should bring the car papers so that they can prepare the payment advise. I submitted the papers on the 13th of November 2013 and to date I have not received any payment. When I inquired from the company about the payment I was informed that the CAR was taken to DEKRA for inspection because it is going to be financed by the bank and on the same day the owner mentioned that the buyer of my car is an UBER driver and they busy sorting out issues with the bank. Today i have just discovered that the car is registered under a company called African Spirit Trading. The current market value of the car is R130 000 . I kindly request your advise on how to go about resolving this matter.
Good day Lerato,
The first open avenue for you is to hold the company in terms of your agreement by giving them a specific number of days to pay your money. You can do this through a lawyer should you see that they resist to comply. They definitely have to perform as agreed otherwise a breach of contract shall follow and with consequences of course. The fact that the vehicle is now registered under a third party can support an assumption that it has been already sold.
You must insist that they make payment as soon as possible and should they fail, you will take legal action against them.