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Thread: Legal question ownership?

  1. #1
    Join Date
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    Question Legal question ownership?

    A very good point has been raised with me on the landy I'm selling on Ebay. the question is what right do i have to sell someone elses vehicle and can i garuntee the title? Well I really dont know what the legal side of it is and had not considered it till now.

    I will ring Vic Roads tomorow and clarify with them what the requirments are.
    I suppose the question is how long does a vehicle have to be abandoned on someones property before they can dispose of it legally? How do we contact the previous owner as i'm sure privacy laws will prevent Vic roads from telling us who it last belonged to.
    the more i think about it the more it scares me! maybe i should have done some homework before I listed it or maybe just should have let it be towed to the scrap metal yard. oh well if anyone on here knows about this subject can you give me some tips please

  2. #2
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    Quote Originally Posted by islandmarty View Post
    A very good point has been raised with me on the landy I'm selling on Ebay. I suppose the question is how long does a vehicle have to be abandoned on someones property before they can dispose of it legally?
    If the vehicle is not registered, then it won't be a matter for VicRoads. If the vehicle was abandoned on the property, and the property sold to a new owner, then it becomes "Chattels" and title is transferred with the property. The moment you take posession of the property title (or your Mortgagor does), then the vehicle also becomes yours, unless it is specifically excluded in the purchase contract.

  3. #3
    T.D.5 Guest
    Quote Originally Posted by 303gunner View Post
    If the vehicle is not registered, then it won't be a matter for VicRoads. If the vehicle was abandoned on the property, and the property sold to a new owner, then it becomes "Chattels" and title is transferred with the property. The moment you take posession of the property title (or your Mortgagor does), then the vehicle also becomes yours, unless it is specifically excluded in the purchase contract.
    Quite right. However whereby there is no sale contract - common law applies & action such as waiting 90 days, posting an announcemnt of intention to sell in the public notice section of the Local newspaper upon expiry of 90 days covers you. if you state your intention is to sell the vehicle unless claimed within 28 days of teh publication of this notice - tthen you can. The stautory limit for legal notice under westminster is 21 days.

    Added precautions such as advising the local constabulary helps. They have a stolen vehicles register & an SV officer will run the numbers & advise if it should be impounded or not. Once they clear it, off you go. Public notices here I come.

    I take it its not something we'd be interested in. Otherwise you would probably keep it & tease us with your find / score / Luck etc.

    Cheers

  4. #4
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    thanks guys I will get hold of the land owner and make sure he has given me the right information about the land rover. so long as i can avoid stuffing anyone around or ripping them off i will be happy.

    I thought i had teased enough about this landy allready on the REMLR section if you haven't seen it then it's the one in my avatar.

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