THE FACTS
MODIEHI Molefe from Mahikeng, North West, said she saw a pre-owned car advertised on social media and contacted the owner.
She made an offer to purchase, and when they met they made an agreement to transfer money into the seller’s bank account.
After taking possession of the car she realised the seller wasn’t the owner of the car. She wants to know if she has any legal options.
ADVICE
According to the law, a contract exists because an agreement has been entered into between Modiehi and the dealer.
There’s material breach from the other party because he misrepresented himself as the owner.
It’s a material breach because unless you have written consent from the owner, you can’t sell what you don’t own. She can cancel the contract and claim damages.
