NSW Car Sold Without Co-owner's Permission - What Happens Now?

[j_mccall]

Facts:

I purchased a vehicle from a man. There was no mentioned of co-ownership of the vehicle at the time of sale. I paid the money and the registration papers were transferred over. I have the receipt signed by myself and him.

3 months later, the police have confiscated my car as it has been reported stolen by the girlfriend of the man I bought it from. She alleges that she was co-owner or joint tenant of the vehicle, and it was sold without her permission.

I have requested they return the property, but the police have said they will not return it without the court disposing of the property to its rightful owner.

I am wondering what the law surrounding this situation are, and is it likely I will get the property I paid for back?

 

[Tim W]

Whose name was on the rego papers at the time of sale?

 

[Rod]

How much did you pay? And what is the value of the car? How did you know the car was for sale?

This is a grey area of law and police are probably doing the right thing leaving it to a court to sort out. You may need to apply to the court for the return of the car. I don't know how you go about doing this.

 

[Rob Legat - SBPL]

Also, did you obtain a PPSR verification certificate before purchase? These contain NEVDIS information about stolen and written off vehicles.

When a vehicle is reported as stolen, this goes into the NEVDIS (National Exchange of Vehicle and Driver Information System). The PPS Register is deemed to be notice to the world. If a NEVDIS listing was on there at the time of purchase, you could be imputed to be aware the vehicle was stolen. If it wasn’t, and the registration was only in the name of the person you bought it from, you may be on safe ground.

 

[Tim W]

Also, did you obtain a PPSR verification certificate before purchase? These contain NEVDIS information about stolen and written off vehicles.

Failure to do this would almost certainly preclude a remedy in equity....