Verbal contract regarding buying of a vehicle
My fiance bought a bakkie from his former employer via verbal contract. There where no stipulation that he cant quit during the time that the vehicle is being paid off. Only stipulation was that he has to pay R2000 pm and an extra R500 for insurance over 17 months, which he paid every month on time and up to end of December 2017, next payment due the end of January 2018. Now that my fiance quit his job, his previous employer is demanding the bakkie back or he is going to report it as stolen. My fiance doesn’t know what he can do legally to keep his bakkie. Any advice would be very helpful.
Thank you for your post. South Africa law recognises verbally concluded contract and as such, such a contract is valid, binding and enforceable. The threats as being netted by your fiance’s previous employer is ridiculous and laughable to say the least. I must believe your fiance has records of payments he has made towards the purchase of the bakkie (proof of payment ). If that is correct, that would be sufficient proof of the existence of the purchase agreement should he (previous employer) defaults in his own performance. However, despite the threats your fiance must not skip payment; he must carry on as per the contract. Thank you.