Breach of verbal agreement

Anthony900220

New Member
Jurisdiction
Africa
I bought a vehicle in the middle of July from a family member for R25000 as they knew a person selling for R20 000.

The agreement was that i would pay an extra R5000 and they would service, fix anything wrong with it and take it to be road worth (my aunt was a witness to the conversation). Since I've had it the breaks are almost non existent, my mom, my aunt and I have informed him the need to be changed, hes response was that its an old car that's how the breaks are. I've got the car transferred into my name, wanted to buy the licence but need a roadworthy certificated.

I informed him that the roadworthy needs to be done so he told me he would come the morning of 17/10/15 and it costs R350. When he arrived this morning i gave him the necessary documents then he requested the money. I told him I have no money I paid an extra R5000 for everything to be done, he said that's not how it works hes not gonna do things for free and he could have made extra money if he sold it to someone else. I said if he wants he can take the car give back my money which he did not respond to. He then decided to insult me in front of my grandfather saying I do not want to pay I am a leech.

The breaks still are not fixed and I'm going to have to contact a mechanic for the roadworthy and breaks.

Can I take him to small claims court for a breach of verbal contract?
 
I bought a vehicle in the middle of July from a family member for R25000 as they knew a person selling for R20 000.

The agreement was that i would pay an extra R5000 and they would service, fix anything wrong with it and take it to be road worth (my aunt was a witness to the conversation). Since I've had it the breaks are almost non existent, my mom, my aunt and I have informed him the need to be changed, hes response was that its an old car that's how the breaks are. I've got the car transferred into my name, wanted to buy the licence but need a roadworthy certificated.

I informed him that the roadworthy needs to be done so he told me he would come the morning of 17/10/15 and it costs R350. When he arrived this morning i gave him the necessary documents then he requested the money. I told him I have no money I paid an extra R5000 for everything to be done, he said that's not how it works hes not gonna do things for free and he could have made extra money if he sold it to someone else. I said if he wants he can take the car give back my money which he did not respond to. He then decided to insult me in front of my grandfather saying I do not want to pay I am a leech.

The breaks still are not fixed and I'm going to have to contact a mechanic for the roadworthy and breaks.

Can I take him to small claims court for a breach of verbal contract?

Sorry mate, we're just a bunch of dumb Yanks.
We don't know much about legal issues outside of the United States.
 
This deal may have resulted in a bad "break" for you but the parts of the car you're referring to are the "brakes."

Yes, you can take him to small claims court. However, as of 2014 the limit you can sue for is R15000.

Justice/SCC Home

My guess is that you will have to do the repairs to qualify for your "roadworthy" certificate and then sue for the cost of the repairs since what you paid for the car is well over the limit.

Assuming, of course, that you have some EVIDENCE of the agreement and not just sayso.

By the way, at today's rate of exchange, R25000 is just a little over $1900 USD. In the US we call a car at that price "junk."
 
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