When to sell an uncollected car legaly?

4VCLEVO · 14-08-2010, 09:30 PM

My uncle bought a farm 9 years ago, there was a clearing sale and every thing was sold. Now, 9 years later there is a car still sitting here uncollected. We don't know who bought it but we now want to sell it.
What are our rights?
Are we allowed to sell it?
Who owns it know? My uncle? the previous owner of the farm? or the bloke that bought it at the clearing sale?
The value of the car is now about $5000 as it's a classic. We don't imagine it sold for much back then.
We are really after legal advice not heresay.
Thanks.

rag top · 14-08-2010, 09:42 PM

what state?

Kryton · 14-08-2010, 09:46 PM

Uncollected after 9 years - your uncle owns it legally.
Write out a receipt for the new owner and thats that - end of story.

4VCLEVO · 14-08-2010, 11:58 PM

Quote:

Originally Posted by rag top

what state?

victoria

Quote:

Originally Posted by davway

Uncollected after 9 years - your uncle owns it legally.

We thought the same, but are unsure of what the law says, we don't want it to cum back and bite us.

KR1STO · 15-08-2010, 12:01 AM

Have you spoken to VICROADS?
or even a solicitor...?

burnz · 15-08-2010, 12:04 AM

see your local chamber madjestrate..its a freebie to ask.
http://www.austlii.edu.au/au/legis/n...ct/uga1995179/

victoria notice in paper for intent to sell..
http://www.business.vic.gov.au/BUSVI.../PC_50394.html

Quote:

In the case of motor cars, the Chief Commissioner of Police must be notified at least one month before the intended sale.

Iggypoppin' · 15-08-2010, 02:10 AM

What is it?
It it's a junker kingswood or something, rallybash on the farm!

wrongwaynorris · 15-08-2010, 02:49 AM

You need to look up " Disposal of uncollected goods " legislation in Victoria . But 9 years , I would confidently say it's your car .

seduced_xr · 15-08-2010, 03:45 AM

9 years on a farm? is there much left haha. id say your uncle owns it. he bought the farm as is. new owner has failed to collect the item he cant expect you to store it for 9 years.

**Bundy** · 15-08-2010, 07:40 AM

if he does come forward after 9 years and wants to collect it, then there must some type of storage fee, say a grand a year

Pinkbits · 15-08-2010, 07:46 AM

My father-in-law owns a towing business & mechanical workshop and i will be seeing him today so i'll ask the question.

Mickxr8 · 15-08-2010, 08:18 AM

pretty sure over here (wa) you have to put a notice in the paper stating `if this vehicle ********* is not collected within 14 days it will be disposed of. if no reply then it`s yours .

NudgE^SIKBRO · 15-08-2010, 09:41 AM

Quote:

Originally Posted by mickxr8

pretty sure over here (wa) you have to put a notice in the paper stating `if this vehicle ********* is not collected within 14 days it will be disposed of. if no reply then it`s yours .

Yeah, pretty much the same here, you have to place an add in the paper for 14 days and get a certificit or ownership or something from vic roads, but after nine years I'd be guessing its fair takings, was a recipt ever written out when the car was sold, was it paid for and at the time of sale was the car sold registered...

yift · 15-08-2010, 10:28 AM

check with the police that it is not reported stolen before you sell/dispose of the vehicle.

TP351 · 15-08-2010, 10:49 AM

What sort of car is it?

Fiesta God · 15-08-2010, 11:27 AM

Legally all you need to do is prove that you have taken reasonable steps to find the owner of the car, and given them sufficient time to claim possession of the vehicle.
1. Check with the police that it has never been reported stolen.
2. Notify VicRoads
3. Place an advertisment in the newspaper giving 14 days for someone to claim possession of the vehicle if they can prove ownership.

If you do all these things and no-one comes forward, then it's yours to sell.

**GasoLane** · 15-08-2010, 03:18 PM

If it was a clearing sale I'd try to get in touch with the auctioneer. There could be a stipulation in the sale rules that anything bought that day had to be collected before xx/xx/xxxx.

4VCLEVO · 15-08-2010, 05:25 PM

Quote:

Originally Posted by TP351

What sort of car is it?

Its a 50's VW kombi single cab ute.

I have talked to the police and vicroads, neighther of them were any help. The cops said "just take it" cos if it went to court we'd probably win, but maybe consolt a solicitor. Vic roads said I need a reciept from the current owner( the bloke that bought it at the clearing sale).

Any solicitors out there in ford forums?

sprint347dave · 15-08-2010, 05:26 PM

sorry mateforgot to pick it up ,,has it really been 9 years,,hope you dont charge me for storage

Melz · 15-08-2010, 05:52 PM

Quote:

Originally Posted by 4VCLEVO

Its a 50's VW kombi single cab ute.

I have talked to the police and vicroads, neighther of them were any help. The cops said "just take it" cos if it went to court we'd probably win, but maybe consolt a solicitor. Vic roads said I need a reciept from the current owner( the bloke that bought it at the clearing sale).

Any solicitors out there in ford forums?

Just throwing this out there, but unless there was a VIN given with the receipt or transfer papers... then there is no official record of last owner, apart from the person who had it last registered.

302 XC · 15-08-2010, 06:07 PM

Usually at auctions you have to register to buy
Hence there would be some record of the person who won this auction
As in lot number and winning bidder number
But 9 years later id safely say shes all yours to do as you please

MO · 15-08-2010, 07:50 PM

That is not something you would not forget you bought at auction.
Perhaps they changed their mind and didn't come back to pay for it or maybe they met with an accident and are no longer with us.

Are there rego plates try tracking last owner by them or as others have said through the auctioneer.

OLDFORDNUT · 15-08-2010, 09:31 PM

Quote:

Originally Posted by davway

Uncollected after 9 years - your uncle owns it legally.
Write out a receipt for the new owner and thats that - end of story.

exactly what Davway said,
as for seeing a solicitor and contacting Police and other rubbish mentioned, god help us from the experts, and other fairy's,seriously guys,it was sold to someone at auction 9 years ago, all items sold at auction would be free from any encumbrances or it would not have gone up to auction,
9 years ,ITS YOURS

smoke · 15-08-2010, 09:54 PM

it might be safe to do a few checks on it though, it could have been a stolen vehicle or used in an armed robbery or something stupid.
highly unlikely but i've heard it before, and for the fairly low fees compared to the $5000 you think its worth - cheap insurance for dramas that could lie ahead.

Brazen · 16-08-2010, 11:23 AM

Happens all the time on farm sales. Large items can be picked up for a pittance, but then when the buyer goes home and works out the transport costs, they end up thinking its more trouble than its worth. I wouldnt be surpised if the buyer bought a few things at the auction, put in a small bid on the VW while he was there, won it and then thought 'what the hell do I need a combi for?'.

Im just curious, after 9 years how would a person prove that they were the buyer anyway, unless they still had the receipt.

Kryton · 16-08-2010, 11:26 AM

Quote:

Originally Posted by Brazen

Im just curious, after 9 years how would a person prove that they were the buyer anyway, unless they still had the receipt.

And if they did - 9 years of storage fees would soon make that receipt disappear.

aussie muscle · 16-08-2010, 02:41 PM

first thought to ask "did he pay for it?" because if you didn't get paid for it, it never transferred ownership. I'd say nine years is an extraordinary amount of time to wait for collection. i agree, storage fees will exceed the value of the vehicle

svo supporter · 16-08-2010, 06:56 PM

If it was me in this situation, I''d be placing an ad in the paper requesting the legitamate owner come forward within a month, with proof of purchase (like a receipt from the original owner of the property if known), with the details of the vehicle on it.

It's obvious the rego office and police want nothing to do with it, so if the owner doesn't come forward, do what you want with it.

Make sure, if you do dispose of it, keep a copy of the paper advert you place, just in case there's some problems down the track.

au adam · 16-08-2010, 07:22 PM

Its been 9 years,the bloke isnt coming to pick it up is he?
You get a reciept when you pick it up so id say he has no reciept.
A 50s combi ute will go for alot more than 5g these days,id just make sure its not hot then get onto some VW forums and try and sell it there.

**Sorted** · 16-08-2010, 11:47 PM

If your car was stolen and the theif who stole it sold it to some one and then that some one spent $10k doing it up and after 20 years it came to the attention of the police then the vehicle would be taken off the current owner even if the current owner thought they bought it legit and then the car would be returned to you or the insurance company.

I would assume it would have the same outcome if you sold this car to some one then the owner or reg owner trys to claim it back they could no matter how many years have passed.

As your doing I would be making sure you have the right to sell it first.