Rego Transfer issue of second hand van
Submitted: Monday, Jun 27, 2011 at 19:14
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Mike W
Hi All,
I am a newbie here and am about to purchase my first van 2007 Jayco Outback Expander. My problem is this: The van is in both the sellers and his wife’s name (or ex wife). The seller has advised that the transfer papers only needs one signature from the seller to be able to transfer ownership of the van not both. I am concerned that his wife might have some legal comeback down the track if in the event she doesn’t know it’s being sold.
As this is our life savings we are talking about here $27k does anyone know if when purchasing a car / caravan and it is in 2 names do you only need one signature on the QLD rego transfer papers or both.
Any help would be appreciated as my wife wants to walk away from the deal and I think the guy is being honest and it is a clean neat van with lots of extras. I just need to cover my proverbial so to speakl..
Thanks for your help,
Mike
Reply By: snoopyone - Monday, Jun 27, 2011 at 19:29
Monday, Jun 27, 2011 at 19:29
The correct place to ask for the answer is Queensland Roads.
The number is 132380
Here you get opinons which may or may not be correct
In saying that we recently sold two vehicles registered in both names in QLD and only I signed the papers.
However we are not in the same situation as your seller.
AnswerID:
458595
Reply By: JimDi - Monday, Jun 27, 2011 at 20:40
Monday, Jun 27, 2011 at 20:40
G'Day Mike,
I have to agree with your wife. I have no idea of what the legal ramifications might be....but here is my two cents worth.
It is his and his wifes caravan. As you say in your blog.
It is your $27,000.00. And your life savings as you say.
There are many thousands of caravans for sale out there.
Take a step back. So the bloke is ...in your opinion ,honest. Bully for him.
I would tell him to get the van in to one name or get ..."TWO SIGNATURES"
on the sales slip. How hard is that?
But then again I am an optimist in as much that i assume that it was a conciliatory breakup and that they are as one when it comes to breaking up the family assets in an equitable way.
But pigs do fly as they say.
Best of luck with your deliberations.
JimDi
AnswerID:
458600
Reply By: Rockape - Monday, Jun 27, 2011 at 20:54
Monday, Jun 27, 2011 at 20:54
Mike,
don't know where you are but in Qld you can go to the magistrates court and ask, they will inform you.
have a good one and I hope it works out, remember rego is not proof of ownership, I would be make sure the other has relinquished ownership of her half of the van.
R A.
AnswerID:
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Reply By: Sherro1 - Monday, Jun 27, 2011 at 21:14
Monday, Jun 27, 2011 at 21:14
Mike, registration is not proof of ownership. Only one owner has to
sign rego form but I would do a REVS check on the van and get the ex's details from the guy you're buying from and contact her if possible.
Otherwise RACQ legal dept might be able to help.
Regards,
Mark
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458608
Reply By: member - mazcan - Tuesday, Jun 28, 2011 at 12:50
Tuesday, Jun 28, 2011 at 12:50
hi mike
fools and their money are soon parted
ask your self this question
how many people come across as honest until the real truth comes out when its too late???
listen to your wife
i personelly would want to sight a document signed by the sellers wife that states she is giving permission for the van to be sold
in order to finalize their differences
its too easy to hand over $27th
but it wont be as easy to get it back if the deal goes wrong and the sellers wife takes out a court order to reclaim the van
do you really want to get tangled up in such a mess
a signed document by both owners is the only way to do this deal imho
i'm not suggesting that everyone that sells something is shonky
take the safe road and get the document then you have a legal deal and transfer
cheers
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Reply By: fisho64 - Tuesday, Jun 28, 2011 at 14:12
Tuesday, Jun 28, 2011 at 14:12
get the signature mate-crazy if you dont.
Even if shes happy with it now, if you dont have her scribble she could come back if it goes pear shaped with the ex on another front.
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Reply By: Member -Dodger - Tuesday, Jun 28, 2011 at 15:01
Tuesday, Jun 28, 2011 at 15:01
Your wife has it right.
Walk away there are plenty more vans about.
2 ..b..sure.
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458659
Reply By: snoopyone - Wednesday, Jun 29, 2011 at 08:48
Wednesday, Jun 29, 2011 at 08:48
So what did you find out and how did you resolve it.
Nice if people come back and tell us.
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Reply By: Mike W - Wednesday, Jun 29, 2011 at 22:46
Wednesday, Jun 29, 2011 at 22:46
Hi all and thanks for all your input..Sorry I haven’t responded sooner I had log in issues.
Well what a week it has been with the van...The guy finally gave me the vin number and REVS came back all clear. Next I asked for his ex wifes number so I could call her, he wasn’t going to do that as he claimed he didn’t want me to speak to her.
He did produce a court order document or settlement document I think it is called that clearly stated that the van was his in
the settlement, which is good.
So he is allowed to sell it...But now he wants me to go and get the RWC and Gas cert even when I advised him that that was his responsibility. He just abused me over the phone. I honestly don’t think the guy is stable or is under immense pressure with the breakup, hence to say I have walked away from the deal.
Getting our van that we have saved up for years is supposed to be an exciting thing for me and my family and this guy has taken the shine off it. So back out looking as of this weekend.
Thanks for all your responses I actually learned something..Oh and the wife loved the fact that the majority of you were on her side. I will never hear the end of it now...Regards to all and I am sure I will be back soon asking more questions soon.
Yet again thank you to all.
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