Why you should avoid ‘sambung bayar’ like the plague
Yesterday, a video went viral on social media showing a woman smashing the windows of a Honda City as it was being towed by individuals believed to be car repossession agents.
The 63-second video also features a man damaging the vehicle with a wrench.
The true story behind this incident remains uncertain, but many netizens claim the car was repossessed due to the owner failing to pay monthly instalments for eight months.
However, a Facebook user named Rasis Jalil stated that the car was purchased through a sambung bayar arrangement.
“This family has paid the original owner, but the original owner has not paid the bank. We have repeatedly advised against buying cars through this method,” he said.
What is sambung bayar?
Some of you might be wondering what sambung bayar actually means. To put it simply, sambung bayar is when a vehicle owner, who is still servicing the monthly payments, sells the car to a third party (the buyer) without officially transferring ownership.
The buyer pays a deposit to the original owner and continues to make monthly payments to the bank on behalf of the original owner until the end of the hire purchase term.
While it may seem like a win-win situation, with the original owner receiving immediate cash and the buyer acquiring a car without paying the full price, it’s important to note that any sambung bayar transactions are illegal under the law.
According to asklegal.my, such agreements are illegal under Section 38 of the Hire Purchase Act 1967. The Act states that those found guilty can face fines of up to RM30,000, imprisonment for up to three years, or both.
Moreover, the sambung bayar method carries various risks. Since the car remains in the name of the original owner, their credit score could be adversely affected if the buyer fails to make the monthly payments.
The original owner is also responsible for any summonses issued against the vehicle, even if it is driven by the buyer at the time. Worse still, the original owner could be charged as an accomplice if the car is involved in a criminal case.
For buyers, there is the risk of being double-crossed by the original owner. Even if they consistently pay the monthly instalments, the original owner can reclaim the car at any time since it remains under their name.
As sambung bayar agreements are illegal, any contract or arrangement between the original owner and the buyer is void. This means the buyer cannot take legal action against the original owner.
The situation becomes even more complicated if the original owner passes away. In such cases, ownership of the car automatically transfers to the heirs. The heirs can reclaim the vehicle and are not legally obliged to continue or comply with any agreements between the original owner and the buyer.
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