Toymods Car Club Inc: General Car Talk => urgent legal help required about selling a car (SA)

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thechuckster
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Location:
Brisbane
Registered:
February 2003

Re: urgent legal help required about selling a car (SA)	Thu, 27 January 2005 08:07

am not sure how SA law works regarding sale of car... i'd read the notes on the rego transfer form to see what responsibilities you had for state of the car at the point of sale. (edited to make snese) As for the cancelling cheques - you have a contract for the sale of the car, i'd continue with the banking their cheques even if you get a letter of demand from their lawyer. Once you have converted the cheques to cash then their only leverage over you is gone - the only thing that could stop you cashing them is a court order not some lame threat from a lawyer (edited) If they stop the cheques without a letter of demand, you should attempt to retrieve the vehicel and cancel the transfer - or if they refuse to cancel the tranfer and return the vehicle then go to the police as they've attempted to gain possesion of the car without paying for it (e.g. theft and fraud). The new owners were liable for the car the moment they accepted the transfer and gave you the cheques - your GF may have some residual liability regarding the defects. if they manage to stop the cheques and the sale is (in their eyes) an non-event - they have to return the car. After reading the following comments i'd say that you could then sue them for any bank costs incurred in stopping the cheques - personally, i don't think they can stop the sale. (edited) They can't stop the cheques and then expect you to cover the repair costs and still let them not return the car. in a nutshell: until you get a letter of demand, assume that the sale is done and bank the cheques asap. In the mean time, get all your information documented and see a soliciter to confirm your position. fwiw, bank cheques are harder to stop as it's a promise between their bank and you to pay money, not between you and the other party. [Updated on: Thu, 27 January 2005 10:03] [Report message to a moderator]

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