Issue registering vehicle on my name after paying cash

Masterkido

New Member
Joined
Jun 10, 2015
Messages
1
Hope someone can shed a little light on my situation. It drives me nuts and can't sleep at night.

I bought a vehicle from a Randburg car dealership. The vehicles price R201 000.00. The dealership received the payment full in cash and now they have supplied me with temporary license plates for 3 months.

Their answer was that MFC lost the original ownership documents, however after contacting MFC myself i found that the car wasn't paid in full by the previous owner, hence why they can't register the vehicle in my name.

What is my options now? The car dealer was dishonest from the start and refuse to get back to me.

Any comments will be appreciated.
Regards
 

ryu

Expert Member
Joined
Aug 27, 2009
Messages
2,775
name and shame!

whats the name of the dealership ?

could save a few other people from making the same mistake
 

LPCPT

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Jun 24, 2011
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1,036
Whenever you buy a car, the seller must provide you with the ownership document (original). If not then it's not his/her car or the bank or some finance company has ownership.
You need a lawyer or the dealer must settle the debt with MFC so that they can release the car.
As it stands, it's not your car and you can make a case of fraud against the dealer. He sold you a car that does not belong to him.
 

Sonic2k

Executive Member
Joined
Feb 7, 2011
Messages
7,637
This is a huge legal mess now. You cannot sell a car when the bank still has legal title on the ownership.
This is not going to end well.. the dealer is going to be in a world of pain. But ja, it is likely the likes of Integra Motors or another dodgy dealership that moves around a lot.
 

Fazda

Honorary Master
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Apr 24, 2009
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11,414
The dealership has to take it back and refund you in full.

It is up to them to make certain that the car is fully paid for prior to retail.

They don't have a leg to stand on.

Another option is that they must settle whatever is owed on the car, as it was legally theirs prior to the sale.

Either way, they must sort you out - don't be intimidated by this, the law is very clearly on your side.
 

FiestaST

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Aug 9, 2009
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120,131
Name & shame...what the hell are you trying to protect the bastards...
 

Fazda

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Apr 24, 2009
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Sometimes it's worth holding that back to use as a threat to get them to behave :)

The point is, is that they haven't a leg to stand on - they will have to do what I outlined above. If ever we traded a car in that wasn't fully paid up, we HAD to settle it, in order to dealer stock it then sell it.

The dealership is entirely in the wrong in this case, and they HAVE to either give him his money back or settle the car.

Simple.
 

Colin62

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Apr 23, 2008
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8,270
The point is, is that they haven't a leg to stand on - they will have to do what I outlined above. If ever we traded a car in that wasn't fully paid up, we HAD to settle it, in order to dealer stock it then sell it.

The dealership is entirely in the wrong in this case, and they HAVE to either give him his money back or settle the car.

Simple.

I agree. But it's a lot easier to get the problem solved if they're willing to help than if they're being difficult and force you to get lawyers involved. And if you can make them willing to help by threatening to go public, it's worth trying. Having right on your side doesn't always mean that your relief will be quick and painless.
 

Fazda

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Apr 24, 2009
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11,414
I agree. But it's a lot easier to get the problem solved if they're willing to help than if they're being difficult and force you to get lawyers involved. And if you can make them willing to help by threatening to go public, it's worth trying. Having right on your side doesn't always mean that your relief will be quick and painless.

Well, my point is that there should be no threats at all, or lawyers, the OP is perfectly within his rights to either get his money refunded or to insist that the Dealer settles the car.

THEY know that he could chuck the book at them and if they are stupid enough to fight it, no lawyer is going to get them off the hook.
 

Colin62

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Apr 23, 2008
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8,270
I think you're approaching it from the perspective of someone with ethics, and I suspect that the dealership concerned doesn't have any. If they did, they'd have sorted it out already. The fact that they are not taking calls and haven't made it right is a bad sign. And I'm not talking about them lawyering up, but if they just continue to do nothing, the OP will be forced to hire a lawyer. If he can avoid that, then he will be better off.
 

Fazda

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Apr 24, 2009
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11,414
If anyone at the dealership has half a brain, they will back down if the OP simply states that he knows his rights under the CPA.

I just get very angry that there are still dealerships out there who will try and take a chance even if they know that they don't stand a chance under the CPA.
 

UsernameLadiesMan217

Senior Member
Joined
Dec 6, 2013
Messages
831
If anyone at the dealership has half a brain, they will back down if the OP simply states that he knows his rights under the CPA.

I just get very angry that there are still dealerships out there who will try and take a chance even if they know that they don't stand a chance under the CPA.

Fazda to the rescue!
 
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