FRANS CAN GO TO COURT!

THE FACTS

FRANS Skosana from Pretoria took his car to a mechanic for panel beating and was charged R8 000. Frans paid a deposit of
R6 500 but there was no written agreement.

When Frans went to check on his car, the mechanic told him he had to pay R12 000, and Frans found that the car’s engine was broken and other parts were missing.

Frans paid him another R5 000 and later another R1 500 but his car is still not fixed. His car is being used as a dog kennel.

WHAT I DID

I spoke to Scorpion Legal Protection regarding Frans’ situation.

SOLUTION

It is a service agreement and by law is valid and binding on both parties. If one fails to honour his part of the deal, the other party has recourse according to the common law of contract. Fran has the right either to cancel the contract and claim damages for which he must get a quotation from a registered dealer, or he can compel the mechanic to fix his car. In the circumstances, Frans should just cancel the contract, because if he tries to compel the mechanic to do the job, Frans could suffer more problems. Frans can approach the small claims court if the amount is under R15 000. If it is more, Frans could give up the extra money so it falls into the court’s jurisdiction.