PepeXKermit:


Get the police involved in what exactly? Afe you foolish to think that the car still belongs to the seller? Even if the buyer has not paid in full within the specified agreement date?

Let him provide the agreement papers.
There are terms to a contract. Since it cannot be settled gentlemanly, then legally. You cannot force, coerce or compel someone to sell their property.

Since the agreement hasn't been formalised completely, both can negotiate and renegotiate terms.

The car still belongs to the seller.
Abi is it a hire purchase contract?

Make una commot eye from people property. Don't be too attached to things.

olibeans:


Let him provide the agreement papers.
There are terms to a contract. Since it cannot be settled gentlemanly, then legally. You cannot force, coerce or compel someone to sell their property.

Since the agreement hasn't been formalised completely, both can negotiate and renegotiate terms.

The car still belongs to the seller.
Abi is it a hire purchase contract?

Make una commot eye from people property. Don't be too attached to things.

Lmao! its obvious you have never been to a court or had a course case before to know that a verbal agreement with evidence stands in a court of law. if you say there is no contract, then other factors that determines the stance of both parties will be determined. the seller will have to explain how the money of the buyer got into his bank account and was conversations led to that. Let God now punish you, there are WhatsApp messages, (which there must be). you guys always think like kids or people who did not go to school or understand logic. the way Nigerians dey process things eh, una dey baffle me

PepeXKermit:


Lmao! its obvious you have never been to a court or had a course case before to know that a verbal agreement with evidence stands in a court of law. if you say there is no contract, then other factors that determines the stance of both parties will be determined. the seller will have to explain how the money of the buyer got into his bank account and was conversations led to that. Let God now punish you, there are WhatsApp messages, (which there must be). you guys always think like kids or people who did not go to school or understand logic. the way Nigerians dey process things eh, una dey baffle me

If God no wan punish you, why una eye go dey dey person property..? Car mart no full everywhere.

As long as the contractual agreement wasn't completed, the seller cannot be compelled to sell his or her property but the buyer can be compensated gentlemanly and that can also be reached.

PepeXKermit:


Lmao! its obvious you have never been to a court or had a course case before to know that a verbal agreement with evidence stands in a court of law. if you say there is no contract, then other factors that determines the stance of both parties will be determined. the seller will have to explain how the money of the buyer got into his bank account and was conversations led to that. Let God now punish you, there are WhatsApp messages, (which there must be). you guys always think like kids or people who did not go to school or understand logic. the way Nigerians dey process things eh, una dey baffle me

forget....95 percent of Nigerians have criminal minds......if am not Nigerian,i will fear to do business with them.

After speaking to a lawyer, I was told this:

Morally, seller may be wrong, but legally, seller has committed no offense. As correctly said earlier, verbal agreement is tenable in court (if there is evidence such as WhatsApp message, transfer info narration when the buyer was paying for the car, or witnesses from both parties at the point of the verbal agreement.
According to him, the property remains the sellers, until handed over to the buyer, even if all payment has been completed according to their contract.

Let us note here that the law is not sentimental, what may be right legally may not be right morally.

This case is quite similar to that of the woman who purchased a bag, and while the seller was preparing to hand over the bag to buyer, discovered some money in it. Seller removed the money but buyer insisted that since she has paid for the bag, the bag and contents now belong to her. Legally, this would have been true if the seller had handed over the bag to her and then she (buyer) now makes the discovery.
However, since the transaction hasn’t been completed (by handing over the bag to buyer despite the fact that buyer has fully paid) then the bag still belongs to seller and seller can give a full refund to the buyer.
This may seem morally wrong but it is legally right.

Just like if I sell a car to you and you have fully paid but I haven’t handed over to you, and the day you come to carry it in my house I discover during the final search that I have N1 million cash hidden somewhere in the booth and remove it, will you claim that because you have fully paid for the car, my N1 million now belongs to you?

olibeans:


If God no wan punish you, why una eye go dey dey person property..? Car mart no full everywhere.

As long as the contractual agreement wasn't completed, the seller cannot be compelled to sell his or her property but the buyer can be compensated gentlemanly and that can also be reached.

What do you mean why una eye go dey another person property? Did he steal or covet it or what? What led to his eye being there in the first place. Its difficult having logical arguements with you Nigerians and its because most of you are not exposed so your mentality always stems from rascality and taking illegal short cuts to get things done. The world does not work like that. You guys have told yourselves lies many years and imprinted it into your thought process, both you, that of the people around you and you guys by default transferred that kind of mentality to your kids. I feel sorry for the next generation coming after you guys. Its so pathetic really. .

therealesttin:
After speaking to a lawyer, I was told this:

Morally, seller may be wrong, but legally, seller has committed no offense. As correctly said earlier, verbal agreement is tenable in court (if there is evidence such as WhatsApp message, transfer info narration when the buyer was paying for the car, or witnesses from both parties at the point of the verbal agreement.
According to him, the property remains the sellers, until handed over to the buyer, even if all payment has been completed according to their contract.

Let us note here that the law is not sentimental, what may be right legally may not be right morally.

This case is quite similar to that of the woman who purchased a bag, and while the seller was preparing to hand over the bag to buyer, discovered some money in it. Seller removed the money but buyer insisted that since she has paid for the bag, the bag and contents now belong to her. Legally, this would have been true if the seller had handed over the bag to her and then she (buyer) now makes the discovery.
However, since the transaction hasn’t been completed (by handing over the bag to buyer despite the fact that buyer has fully paid) then the bag still belongs to seller and seller can give a full refund to the buyer.
This may seem morally wrong but it is legally right.

Just like if I sell a car to you and you have fully paid but I haven’t handed over to you, and the day you come to carry it in my house I discover during the final search that I have N1 million cash hidden somewhere in the booth and remove it, will you claim that because you have fully paid for the car, my N1 million now belongs to you?

Its most likely that there was whatsapp messages to help the buyer solidify his claim to the car especially if the buyer has already been handed the keys and was already driving the car when the seller came to meet him and tell him he was no longer interested.

This explains it

Firstly you need to understand that the fact that an agreement was made orally doesn’t mean that such agreement isn’t enforceable. In your post you have not in anyway denied the fact that you went into an oral agreement with him. You also clearly stated that you returned his money one day after he had paid his last installment… in other words you returned the money a day after he had fully paid for the vehicle… in my opinion I think ownership had already passed to him one minute after making full payments (cos I’m sure the oral agreement would be that upon full payment, ownership would pass) in which case the car doesn’t belong to you anymore… it would have been a different case if you had raised this issue in between the transaction, then “maybe” his claim for specific performance may not suffice… but I would advise you approach him calmly, possibly with some respected people in the area, get a reasonable reason why you decided to abort the mission, maybe make him some offer by way of a promised interest on refund… and see how it goes…. Remember that “DIALOGUE IS ALWAYS BETTER AND MORE PREFERABLE THAN VIOLENCE!!”

How many here will give their money to the seller to buy this car after this deal falls apart, or if this seller puts another car up for sale.

Integrity in business is not there, the buyer should have possession at payment of first installment.

A wise thing would have been to have interest added as car is being financed

Missowombo:
Dear Family landers. I am here to seek your advice on how to rescue my car from my neighbour.
​
I bought a car, direct from abroad, a very clean and sweet ride, and registered in September, 2023 (5months ago). However, due to the high fuel consumption( V6, 3.5l engine) and the ever unstable fuel price today, I decided to put it up for sale to get a smaller engine capacity. A neighbour expressed interest in buying the car and decided to pay in installment which I agreed. I was also searching for a replacement at this time hoping to use the money realized from the sales to get my preferred ride. My preferred ride prices were shockingly high such that even if I doubled the price I gave to my neighbour it will still not be enough to buy the new ride. Prices rise by the hour these days in Nigeria and I have no hand in this crisis. I returned to my neighbour to inform him that I will not be selling the car anymore due to the present crises in prices of goods in the country. I apologized profusely for every inconvenience and transferred his money back to him. He got angry and said that I must submit the car key and documents to him. He even threatened to send his community and area boys to beat me up and extract the above items.

I came back from work to see my car jacked up, surrounded by 2 other vehicles to prevent the car's exit. For the records, there is no written or signed agreement between him and I concerning this sale. I refunded all his money 1 day after he paid his last installment and kept back my car. I have no hand in Nigeria's current problems. I am pushed to use force here but I am thinking that some initial peaceful resolution could be an option.

How far.

How did you resolve the matter eventually?

lionphil:



you returned his money, ONE DAY AFTER HIS LAST INSTALMENT WAS PAID. Oga you no try ooo. Why did you wait till after he finished paying? You knew all along before he completed his payments, you should have infomred him then. You just dashed his hopes when he was sure he had a car. Hos only fsult is that he didnt have a written agreement else, you for pay money wella for this breach of contract.

no sane person will accept op error

War of if egos going on here. Just calm down and resolve the issue amicably.

https://www.nairaland.com/8065335/maintenance-tips-toyota-cars

Ayemileto:


How far.

How did you resolve the matter eventually?

It was resolved peacefully. I found a way to move the vehicle out the compound

Missowombo:


It was resolved peacefully. I found a way to move the vehicle out the compound

move the vehicle out the compound and then how did you resolve with the man