Two Cars Joined as One

A young man who started saving up for his first car at the age of 21, ended up with two cars – joined together as one.

Claimant Faud Davids told the Cape Town Small Claims Court that he had lacked experience, but considered the price, R40000, a bargain.

It was only when he took the car to the AA – after purchase, instead of before – that he was informed that he in fact had two cars joined as one.

He said the seller, Gelino Ferreira, agreed to refund the R40000, but failed to do so, and then ignored him.

Mr Davids told Commissioner George Raubenheimer: “I was devastated – it was my first car, and I had bought a dud.”

Mr Davids claimed R12000 - the small claims maximum - and said he needed the money for a new body for the car, and for a mechanic to put the motor into the new shell.

The commissioner said the remedy was for Mr Davids to (1) claim cancellation of the transaction, (2) demand the refund of the R40000 and (3) return the car to Ferreira.

However, the Small Claims Court had no jurisdiction over a R40000 claim, which meant Davids had to take his case to the civil court, where costly legal representation was essential.

Luckily for Mr Davids, this website's lawyers said he had a second option – to produce evidence at a second small claims hearing that he was able to improve his situation by having work done to the car.

At the second hearing, he would have to produce two quotations reflecting the work that had to be done, and the cost as reasonable.

Also, a mechanic would have accompany him to court to testify on his behalf that the car was in fact two cars joined as one, that the proposed work was essential and the cost reasonable.

Watch this space for the next episode.