Advice? I "sold" two vehicles, signed change of ownership forms and ...

[Charmaine Walkinshaw]

Advice? I "sold" two vehicles, signed change of ownership forms and ... have not been paid. Yes I know. I did everything wrong. I trusted when I was told I would be paid, but that was 6 months ago...

[HR Solutions]

Yep unfortunately that was wrong ....

[Dave A]

Did you sell to a natural or juristic person? (simplistically an individual or a company ((or equivalent)) ).

[Charmaine Walkinshaw]

I "sold" the vehicles to a company.

[Justloadit]

Depending on the value of the sale, get an attorney involved in which a case of fraud is opened, where the company took possession of the vehicles with out making a payment.
The attorney must also request proof of payment as part of the claim.
I stand to be corrected here, but this problem could be over in a few weeks, as the attorney could attach the vehicles through a Sheriff of the court.

In any case get an attorney involved in this matter, it will also show that you are committed in finalizing the transaction.

[HR Solutions]

Did you have any sort of signed agreement in place ? If not I do not see much of a solution here because by signing over the registration of the vehicles to the new owner you are handing it over. Payment could have or could not have been agreed. For all purposes you could have given these cars to them.

[adrianh]

How much money is involved?

[Charmaine Walkinshaw]

How much money is involved?

R90K & R50K Total R140K for the two vehicles.

[HR Solutions]

Do they owe you the full R140k or have they paid a portion ? What is their reason for non payment ? Are they family ?

[Charmaine Walkinshaw]

Not family, ex business partner, have not paid anything as of yet. Seeing my lawyer tomorrow. Will get advice perhaps able to pursue matter via court order and sheriff???

[adrianh]

Were the vehicles fully paid for by yourself or do you still owe money on them?

[HR Solutions]

Were the vehicles fully paid for by yourself or do you still owe money on them?

Good question, because the actual transfer will only happen if you are paid up and had the registration papers. if you have just signed the yellow papers it might be easier.

[Citizen X]

There is a property law remedy that allows an owner to reclaim his/her property from whomsoever is in possession of it. It is known as the REI VINDICATIO.
There are three requirements.
One of the requirements will prove problematic. You must be able to prove that the thing still exists and is identifiable, that the defendant is in possession of the thing when the application is initiated and you must be able to prove ownership. So, the last requirement is problematic here.

I’ll suggest you instruct an attorney and find out if you can still use the rei vindicatio given the circumstances. You can also enquire as to how a declaratory order may assist you.

[Charmaine Walkinshaw]

Thank you for all the help! I truly appreciate. I paid for the vehicles, cash, with my bank card, the garage transactions show on my bank statement. I have an appointment to see my lawyer tomorrow morning.

[Intothedeepbluesea]

Charmaine, any developments on your case?