VIC Private Seller Selling Car on Behalf of His Wife?

Muzaffer Mohammed · 15 March 2018

Hello.

I liked a car listed on internet by private seller who lives in Victoria. Went through inspection, got it checked by mechanic, checked registration on Vicroads website, did PPSR check, and all came clear. After agreeing on the price with the seller, I came to know that family is moving overseas, hence they are selling the car.

Car is registered to his wife's name. The registration is on her name, the original receipt when they bought the car in 2012 shows her name, but she has already left Australia with the kids and waiting for her husband to join them overseas after he sells off their car and remaining other things.

He was saying that he can fill the registration transfer form on her behalf and I can pay for the car by transferring the amount to their joint bank account. I don’t know whether he can sell the car, which is on his wife's name. Is he able to do that legally? What documents I should ask him to cover myself if we go ahead with the sale?

I don’t want someone to come and claim the car ownership in the future.

Please help me on this situation.

Thanks

Rob Legat - SBPL · 15 March 2018

The only conceivable thing I would accept in your situation would be if:

- He signed the transfer under current, valid power of attorney;

- He gave me a certified copy of the power of attorney;

- He confirmed his identification, and it matched the name of the attorney in the document;

- I checked with the transport department and got their express agreement they would accept the above items to validly transfer registration; and

- I had some record of conversation of the transport department's consent (ie: a webpage saying you can do that, a letter from them, or the phone call was recorded and you received a recording receipt number).

Obviously, talk to the transport department before you sign and pay.

And don't forget to get a Personal Property Securities Register check done.

Clancy · 16 March 2018

Ok well the word 'overseas' is your key red flag word that if you hear that word when buying or selling a car, RUN from that person! Its a well known scam.

People have all kinds of 'stories' for this kind of scenario..... and guess what those nice sounding stories are all worth later on when someone comes after you? Nothing!

Nikhik · 21 April 2018

Hey is that a Honda City Car? I also got same scenario. it seems similar to my scenario.

Search

VIC Private Seller Selling Car on Behalf of His Wife?

Muzaffer Mohammed

Member

Rob Legat - SBPL

Lawyer

Clancy

Well-Known Member

Nikhik

Member

Similar threads