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VIC Previous Owner of Car in Prison - Transferring Car in My Name?

Discussion in 'Property Law Forum' started by jdcttp, 21 January 2016.

  1. jdcttp

    jdcttp Member

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    Hi all,

    I have searched all over the Internet to find what my options are but haven't had much luck.

    My situation is, I purchased a car through a friend's friend but I am not able to transfer the car to my name and I can't find the seller. I have found out that the seller is in prison.

    I would like to know what are my chances to get the car transferred to my name and what is the process?

    Please help me understand Property Law.

    I really need the car to transport around. The car is my primary transport to everywhere. I've sold my car for cheap to buy this car and now I am stuck in this position and I don't know what I can do. It is stressing me out as I am very concerned that I can't get the car transferred under my name which means I will be losing all my money and won't be able to buy another car.

    Any help is much appreciated.


    Cheers
     
  2. Sophea

    Sophea Well-Known Member

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    If you simply need to have the owner sign the transfer papers, (which I know is the case in Qld) why don't you have the person who knows the owner mail him the transfer papers to sign in prison, then have them mailed back. Then you can countersign them and lodge them with the VIC roads.
     
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  3. jdcttp

    jdcttp Member

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    Hi Sophea, I appreciate your help.

    I wish it was as simple as sending the form. Unfortunately, it's not.

    One important aspect I forgot to add. (My bad) It is that the car has some kind of block on it with VicRoads. When I wanted to get a permit from VicRoads to get permission to drive it around to get RWC done, I was told the block must be lifted off by the person the car is registered under. I was told by VicRoads staff that until that's done, I cannot transfer the car over to my name.

    I did a rev check and found that the car has previously been impounded (car is with me currently). I don't know how I am going to be able to get that lift off and transfer the car to my name since the seller is in prison awaiting his court case. It doesn't help as I don't know which prison he is located and can't be in touch with him.

    Does anyone know if there is any way for me to resolve this matter without going through a lawyer? I don't have much funds to hire a lawyer so if I can avoid that route that will be ideal.

    Also, I would like to know, how promising is it that I will be able to fully transfer the car to my name? Because I don't want to start spending money on the car if I can't own it as the car has a fair few things that need attention and repair/replace.

    I apologise in advance if there are any ignorant questions as I don't know much of the laws.
     
  4. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    What kind of "block" ?
    Have you paid the money yet? Try and get it back?
     
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  5. jdcttp

    jdcttp Member

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    On the rev check, it says the car has previously been impounded.

    Vic roads staff said the person the car is registered to is the only one that can lift the block. So I am guessing that he hasn't paid the impoundment fee maybe? I don't know, I don't have much experience about the law. Please help.

    What must he do to lift the block?

    I have read that I have to wait for the seller's court case to be settled before I can proceed to do anything. Is that correct?

    I had to pay $2000.00 to mechanic to fix a few things on the car and in order to pick it up. But I am yet to pay the rest of the money as I am concerned not being able to transfer the car to my name.

    What are my chances? Because if I pull out now I will lose my $2000.00.
     
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