Asked by the Customer on 13-10-2019 02:19:08
Question posted in the Consumer Protection Law category relating to Western Cape
Mandate to sell.
Husband wife divorced n remarried 2014.
Entered remarriage antenuptial. Divorce decree: wife retains car until HP is paid up entitled to take title at bank and register car in her name.
Husband eighty allows car to be driven away to second hand car dealer to assess engine damage and quote for repairs.
Husband is fetched by car dealer and without wife,s consent signed mandate to sell with car dealer. A clause entitles the dealer to sell, settle car at the bank.
So this looks like a hybrid between mandate to sell and contract...hard to categorize the deal.
Car dealer now claims an exorbitant amount for repairs done on the car and relies on right of retention.
What is the legal position plze.
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