SCORPION ADVISES THAT A REFUND IS DUE TO DAPHNEY

The Facts 5

Daphney Nkudie from Sinoville, Pretoria says that she purchased a motor vehicle on the 1st of August 2017 and a month later, she went to the Traffic Department to do a change of ownership, she was at this point informed that the car was stolen, she went back to the garage where she purchased the car, with the proof that the car was stolen.

At the garage, she was told that there was nothing that they could do as they did not sell her a stolen car. However, the police report shows that the car was stolen on the 26th of July 2017, which was before she bought it. She reported this matter to the police and they were not able to assist, she wants to know what her recourse is.

 What I did

I referred the matter to the same Consumer Law Specialist at SCORPION LEGAL PROTECTION, as above           

 Solution

The Specialist indicated that in addition to the right in Section 55 as with Shirley’s case,  in terms of section 44 of the Consumer Protection Act, Daphney has the right to assume that a supplier has the legal right to sell the goods that they are selling, this means that the Seller would be legally able to transfer ownership from himself to the buyer.  

In this instance, due to the motor vehicle having been stolen, it is not possible for the ownership to be transferred to our reader. She needs to then return the vehicle to the garage for a full refund and should they refuse her the refund, she should refer

Therefore, the vehicle purchased appeared to have been stolen and as such no ownership can pass to the reader. As such her consumer right to goods which are suitable for her dispute to the National Consumer Commission or the Motor Industry Ombudsman of South Africa for assistance.

If she was a Scorpion client, she would have the benefit of their legal advisors contacting the garage on her behalf to resolve the matter and should that fail, they would do the referral to the relevant Ombudsman and do the follow ups on her behalf, saving her time and money.