To whom it may concern, I have bought a ...

Asked by Thokelle on 13-04-2014 19:53:53
Question posted in the Consumer Protection Law category relating to Western Cape

To whom it may concern,

I have bought a shell of a Ford Thunderbird (without engine and tyres), year 1968 from a middle man 'Bruce' who is running a classic cars business.

The car was sent down to Cape Town (their business is in Limpopo) after the first attemp failed. According to him the car who towed the old car timer broke down.

The cost of the car is R 35.000. I paid already R 5,000 as a deposit, then additionally R 15,000 I paid Bruces business, the transport costs of R 1,300 from Bela bela to Pretoria where I have paid additionally R 5,000 to a transport company to bring the car down to Cape Town I have the proof of payment available.

The payment is actually not the problem, but the papers which are still not in my posession. Bruce promised me during the first 3 months 3 times that the car papers were on their way to me. The papers never arrived as he never physically has sent them to me. He and the original owner, who is registered as the owner of the car are in a weird legal battle which I was not informed off. I am not worried as this not my business. Nevertheless the previous owner, the original doesnt give the original papers to the middleman - Bruce. He told her that he lost the papers. ( Nevertheless I have a color copy from the original owner from the original papers!) Bruce contacted now his mother (after I put pressure on her to close the deal) who gave Bruce a written permission to sell the car. Now it is getting complicated: The original owner didnt pay license fees sine 2007, the traffic department scrapped this car now due to outstanding fees/fines. The amount of R 11.000 are outstanding and no one wants to pay (obviously) this heavy fee/fine. Now 3 days ago Bruce contacts me again after around 6 weeks break from my side saying that he is busy with a 'dealer' to get the papers done and that he( the dealer) will sort out the fee/fines. I have spoken to this man on the phone asking him for a written statement that this can be done, which he rdenied to do so( send me a confirmation). One day later I went to the traffic department in Cape Town and found out that R 11,000 are obviously still outstanding.

I dont believe Bruce a second and decided to ask for legal advise to either close the deal (get the papers without any fee/fine) or cancel the deal and ask my R 20.000 back from him.

My questions are:

How do you see this situation? What did the owner or middleman wrong or unlawful?

Did I do something wrong?

Did the middleman has the right to sell a car without having the original car papers but the permission of his mother?

Can the original owner be forced to pay the fine as I have an agreement with Tracy?

What is the solution for this dilemma?

thanks so much

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