Hello Cofek/Ripoff Kenya Team:
My name is Brian and I am writing to you in regards to a vehicle that I was trying to purchase, a 2006 C180 W203.
I was referred to the vehicle by an acquaintance Allan who informed me that the car was under high demand and in order to secure it, I should provide a deposit for the car. We met with the broker for the seller and agreed on a sale price of 800k plus 20k as his fee totaling 820k. I made a transfer of 730k to the seller's account on the 8th of January 2018 and she confirmed receipt on the 9th of January. We agreed that I had until Saturday the 13th to provide the remaining 90k.
Upto this point, i had not test driven the car but since I was serious about buying it, I provided the deposit first to avoid anyone else buying it. I sent two mechanics to check the car at the yard where it was parked at a cost of 4000 each. Additionally I paid Allan's mechanic 2000 to check the car with the star machine for error codes. The mechanics advised that I would need between 100-150K to fix the car. I was unable to test the car immediately as it had no car insurance and I was therefore forced to buy 3rd party car insurance myself for Kshs.3000. I bought the insurance went and collected the car and took it for a test drive after which I dropped the car off at my acquaintance place who was a close friend of the seller's broker. I had not finished payment so I returned the car knowing that I will finish payment and collect it later.
During the test drive, my other friend Dr. Gitonga and I realized that the front suspension had some issues and I therefore decided to contact the owner of the car to discuss this with her. When I got her contacts, she confirmed that she was indeed selling the car at 800k but following negotiation over the suspension, she agreed to sell it at 750k. We agreed to conclude the transaction today the 11th. Her balance of 20k and the 20k for the broker. In the morning I told the broker to prepare the sale agreement and transfer documents and upon learning of the new price, he got angry and went silent all day.
Later in the day, my account was credited with 730k as a cash deposit. Upon calling the broker, he says that I went behind his back to talk to the owner of the vehicle and he has since sold the car to someone else. Remember we had talked in the morning about finalizing the payment.
Please advise if this is right and if I have any source of recourse.