It is your responsibility to ensure that you sell your car correctly, in order to avoid any legal claims actioned against you. This is includes ensuring that you describe and represent your car accurately and fairly, to the potential car buyer.
However, although car buyers perceive the idea that they have more rights when it comes to buying a car, as a private car seller, you have rights as well.
In order to make sure that you have a foundation to stand up for your rights in case of any legal dispute against the car sale, you need to be ready to sell your car.
The first thing you should do is check that your car is in full working order. Nobody wants to buy a car and encounter faults down the road, after a few days. It is not only a major hassle to yourself and the used car buyer, but it could also end you up in a lawsuit for car misinterpretation. So, have your car reconditioned into topnotch shape. This will also improve the value of your vehicle, therefore earning back your recon expenses in any case.
If your vehicle is unroadworthy, sell your car for scrap instead. You will probably get more cash if you sell your used car for scrap. Selling an unroadworthy car is a criminal offense, unless the buyer is aware of it – this is where transparent advertising comes in! Ensure you complete all the relevant documents and motor vehicle information required to sell your car legally.
You are now ready to sell your used car and it comes down to your rights as the car seller.
The car sale process:
- You have the right to sell an unroadworthy car privately, if the car buyer agrees to buy the unroadworthy car.
- You have the right to roadworthy your car before selling your car; even though the buyer will have to do this again, due to the certificate’s 21-day expiration period.
- If your car is not registered, you have the right to apply for a motor vehicle Registration Certificate at the Traffic Department.
- You have the right to have the car buyer sign a ‘sales agreement’.
- You have the right to request letter from the vehicle’s financing bank, to indicate that the car has been paid off.
- If your motor vehicle has not been paid off yet, you have the right to request a settlement letter – from the car’s financing institution – indicating the settlement amount.
Promoting your car sale:
- You have the right to advertise your car sale on free public domains such as Gumtree, OLX, JunkMail, CarFind and Autotrader.
- You have the right to decide where to meet the car buyer. Instead of meeting up in a dodgy isolated area, the car buyer can come to your house if you, as the car seller, will feel more comfortable.
The car inspection:
- You have the right to have someone with you when meeting the car buyer.
- You have the right to decline a test drive, if requested by the car buyer.
- You have the right to keep you car keys by your side, at all times during the inspection of your used car.
- You have the right to reject cheque payments and request only EFT or cash in hand payments.
- You have the right to keep the vehicle until paid out in full and funds are evidently in your account.
- You have the right to request a copy of your second hand car buyer’s ID and driver’s licence.
- You have the right to request that the car be collected, after the car sale process has concluded.
- As the car seller, you have the right to draw up an agreement between yourself and the car buyer; indicating the date and time of the car’s collection, and that all fines incurred before the sale is the car buyer’s responsibility.
Know your human rights when it comes to selling a car and you will encounter a stress-free and seamless car selling experience.
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The above information is simply a guide and does not change any laws, rules and regulations, as stipulated in the South African National Road Traffic Act or National Road Traffic Regulations.