Change of Ownership legalities

[BPXR6T]

I bought a GT back in 2003 for the princely sum of $3000, its now appreciated significantly. All I've got to prove that original transaction took place is a hand written receipt on a scrap peice of paper.

I'm about to embark on an extensive restoration involving significant sums of money. Without getting the car registered first is there anything else I can do to get the car in my name or put me on a better legal footing?

I know someone who got screwed in a similar scenario years back where the resto was done then the previous owner reported it stolen.

I know VicRoads have transfer of reg but the car hasn't been registered since 1996 and that was by a previous owner. Does VicRoads have some kind of Transfer of Ownership concept?

[naughtyfalcon]

it does'nt matter what the receipt is so long as its signed by the seller,and states how much you paid.

[trick_xd]

I am in the same boat as you .... I bought a ex show car that has not had rego in 10 years .. I get it a few years ago and have striped and built it my way... vic roads still say it belongs to the previous owner ..... even though I have the sale recpt it still does not Carry much weight in court if it come down to that ...

as the car is out of rego you cant do a lot but make it road worthy first .. transfer it into your name and rego it .. then pull it apart and rebuild it.

[naughtyfalcon]

you also must make sure the previous owner lodges a notice of disposal or sale with the rta.

[BPXR6T]

Yeah, thats looking to be my only option. I didn't want to go through the hassle of having to go through rego just to pull it down again. I might chat to a solicitor when down in Melbourne next month and get some professional advice. Car collectors or race car owners must go through this all the time. Surely there would be some standard process. Anyone got Lindsay Fox's phone number. ;)

The only thing I've got is a scungy peice of paper which could easily be lost. Surely there is a more formal way to do this. The previous owner could easily at any point report my car stolen and I wonder if that scungy peice of paper would stand up in court. I doubt it would as its not even witnessed. If that receipt did stand up in court then what's to stop me from stealing a car and writing out a BS receipt?

[arby]

If you’re still in contact with the previous owner you could you get them to give you a statutory declaration?
Failing that go to your local JP or constabulary and make a stat dec about the sale and show them the receipt. If later down the track the previous owner reports it stolen then you have firmer evidence of sale.

[toyxr8]

Originally Posted by FourBarrel

Yeah, thats looking to be my only option. I didn't want to go through the hassle of having to go through rego just to pull it down again. I might chat to a solicitor when down in Melbourne next month and get some professional advice. Car collectors or race car owners must go through this all the time. Surely there would be some standard process. Anyone got Lindsay Fox's phone number. ;)

The only thing I've got is a scungy peice of paper which could easily be lost. Surely there is a more formal way to do this. The previous owner could easily at any point report my car stolen and I wonder if that scungy peice of paper would stand up in court. I doubt it would as its not even witnessed. If that receipt did stand up in court then what's to stop me from stealing a car and writing out a BS receipt?

RE Lindsay Fox`s ph no: 1800 **** loads of cash.

[Squalo]

Dunno about Linday Fox, but when we were considering selling our XB GT my stepdad approached the Bowdens (phonecall) to see if they were interested, they weren't of course but they were very approachable and helpful.

[4.9 EF Futura]

In sth australia, the purchaser is required to take the transfer slip into rego office, to pay stamp duty and to register the car in their name.

Sellers can also send in their half of the transfer slip to advise they have disposed of the vehicle.

If the receipt you have is signed and dated, it is most likely good enough evidence of offer and acceptance, should somone try to take you to court over the matter. Having it registered in your name would remove any doubt i guess...

Originally Posted by FourBarrel

If that receipt did stand up in court then what's to stop me from stealing a car and writing out a BS receipt?

What's to stop me from stealing someone's credit card and signing my way around town? I guess it depends on how much credence you put in signatures as forms of identification.

Hopefully neither party signed with an X

[sgt_doofey]

Originally Posted by 4.9 EF Futura

In sth australia, the purchaser is required to take the transfer slip into rego office, to pay stamp duty and to register the car in their name.

But what if the car is unregistered? Wouldn't it have to go through Regency first before it can be registered again if it has been unregistered for a while?

[robbo_yobbo]

Originally Posted by sgt_doofey

But what if the car is unregistered? Wouldn't it have to go through Regency first before it can be registered again if it has been unregistered for a while?

Nope, I just registered a car that hasnt been registered in my name before (untill today) and was last registered 6 years ago by a different owner, no regency aprooval needed unless theres a gas system with 10 or more years since inspection installed (which would need to be inspected first))

[Nickxb]

Originally Posted by arby

If you’re still in contact with the previous owner you could you get them to give you a statutory declaration?
Failing that go to your local JP or constabulary and make a stat dec about the sale and show them the receipt. If later down the track the previous owner reports it stolen then you have firmer evidence of sale.

Stat dec's dont count for ****..... it is as worthless as the crumpled up piece of paper for the reciept. You can write anything on a stat dec and have a JP sign it but unless the JP witnessed the sale........

[robbo_yobbo]

Originally Posted by Nickxb

Stat dec's dont count for ****..... it is as worthless as the crumpled up piece of paper for the reciept. You can write anything on a stat dec and have a JP sign it but unless the JP witnessed the sale........

The idea here I think is more so you have a backdated official document. Penalty for a false stat dec is huuge, like 10-40k or 2 years prison, so they prety much take them as gospel unless there is sufficient evidence to proove otherwise.
And if you have a stat dec dated 6 months ago, and the guy reports it stolen today, then its gonna be pretty sus, as the cops are gonna wonder why it wasnt reported 6 months ago.

[Poetic Justice]

Registration does not prove ownership, a receipt does.