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The Pub For General Automotive Related Talk |
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#1 | ||
XA GT
Join Date: Feb 2007
Posts: 2,128
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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.
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#2 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: ACT
Posts: 4,028
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what state?
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Current Rides: 2000 AU 5L XLS ute; 1970 Mustang project |
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#3 | ||||
XA GT
Join Date: Feb 2007
Posts: 2,128
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Quote:
Quote:
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#4 | ||
Join Date: Dec 2004
Posts: 9,292
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Uncollected after 9 years - your uncle owns it legally.
Write out a receipt for the new owner and thats that - end of story. |
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#5 | |||
FF.Com.Au Hardcore
Join Date: May 2005
Posts: 3,150
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Quote:
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
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Hervey Bay QLD Great trades recently- GILMORE BOSSYONBIKE Last edited by OLDFORDNUT; 15-08-2010 at 10:37 PM. |
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#6 | ||
Just another mock-up..
Join Date: Sep 2006
Location: In an AU Fairlane somewhere...
Posts: 9,966
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Have you spoken to VICROADS?
or even a solicitor...?
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Desire isn't driven by the heart, the mind or the wallet. Desire comes from another place. It's created by the smell of burnt fuel under full throttle and the look a car gives you when you're washing it alone at night... see my car here: Built my own TL50!!! [SIGPIC][/SIGPIC]
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#7 | |||
VFII SS UTE
Join Date: Apr 2007
Location: Central Coast
Posts: 6,353
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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:
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Last edited by burnz; 15-08-2010 at 01:11 AM. |
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#8 | |||
Chasing a FORD project!
Join Date: Jul 2008
Location: adelaide
Posts: 5,114
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What is it?
It it's a junker kingswood or something, rallybash on the farm!
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#9 | ||
FF.Com.Au Hardcore
Join Date: May 2006
Location: Sydney
Posts: 1,868
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You need to look up " Disposal of uncollected goods " legislation in Victoria . But 9 years , I would confidently say it's your car .
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#10 | ||
BF XR6
Join Date: Mar 2007
Location: Western Australia
Posts: 1,809
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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.
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#11 | ||
All Ford Club Life Member
![]() ![]() Join Date: Aug 2005
Location: Maryborough .......... All Ford Club of QLD
Posts: 1,590
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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
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Worked AU XR8 Ute - Toy Std FG XR6T Ute - Daily Supercharged BA 6 Ute - Wife's daily 351W F150 93 XLT 4x4 Supercab |
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#12 | ||
FF.Com.Au Hardcore
Join Date: May 2005
Location: In my shed
Posts: 5,066
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My father-in-law owns a towing business & mechanical workshop and i will be seeing him today so i'll ask the question.
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#13 | ||
FF.Com.Au Hardcore
Join Date: Jun 2007
Location: republic of wa
Posts: 869
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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 .
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#14 | |||
Never late with a V8
Join Date: Jan 2005
Location: Carrum Downs, Vic
Posts: 2,903
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Quote:
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...
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#15 | ||
FF.Com.Au Hardcore
Join Date: Oct 2006
Posts: 1,819
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check with the police that it is not reported stolen before you sell/dispose of the vehicle.
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#16 | ||
Lurker
Join Date: Feb 2008
Location: Geelong
Posts: 299
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What sort of car is it?
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#17 | |||
XA GT
Join Date: Feb 2007
Posts: 2,128
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Quote:
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?
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--------------------------------------------------- XA GT, 6.848sec 1/8 mile @ 101.68mph |
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#18 | ||||
FF.Com.Au Hardcore
Join Date: Jun 2005
Location: Some say.......
Posts: 3,830
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Quote:
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#19 | ||
Ford Fiesta
Join Date: Sep 2009
Location: Melbourne
Posts: 235
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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. |
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#20 | ||
Former BTIKD
![]() Join Date: Mar 2005
Location: Sunny Downtown Wagga Wagga. NSW.
Posts: 53,197
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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.
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#21 | ||
FF.Com.Au Hardcore
Join Date: May 2009
Posts: 1,013
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sorry mateforgot to pick it up ,,has it really been 9 years,,hope you dont charge me for storage
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#22 | ||
FF.Com.Au Hardcore
Join Date: Sep 2009
Posts: 2,527
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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 |
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#23 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: QLD
Posts: 4,446
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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.
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#24 | ||
the only way is sideways
Join Date: May 2005
Location: Brisbane QLD
Posts: 526
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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.
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FPV FG F6 6spd Auto, 12.26@114MPH Stock
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#25 | ||
FF.Com.Au Hardcore
Join Date: Nov 2009
Posts: 3,876
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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. |
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#26 | |||
Join Date: Dec 2004
Posts: 9,292
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Quote:
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#27 | ||
FF.Com.Au Hardcore
Join Date: Feb 2008
Posts: 2,312
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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
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My ride: 2007 Falcon Ute BF XR8 Orange, MTO. |
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#28 | ||
Fixing Ford's **** ups
Join Date: Feb 2009
Location: In a house
Posts: 4,759
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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.
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A wheel alignment fixes everything, when it comes to front end issues. This includes any little noises. Please read the manual carefully, as the these manufacturers spent millions of dollars making sure it is perfect.....Now why are there so many problems with my car, when I follow the instructions to the letter?....Answer, majority rules round here Lock me up and throw away the key because I'm a hoon....I got caught doing 59 in a 60 zone |
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#29 | ||
Regular Member
Join Date: Mar 2007
Location: Mexico Vic
Posts: 356
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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. |
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#30 | ||
OzEcruisers PRESIDENT
![]() Join Date: Mar 2005
Location: Melbz
Posts: 15,761
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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.
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1994 Ford Fairmont EF NA 6cyl Man 3.9 diff Sedan PROEF 13.46 @ 105.78mph Tuned by DYNOMOTIVE 200BUX - AFF Drag Nats 2019 EF Wagon
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