Purchased Car Not Registered in Sellers Name [NSW]

Kenn adams on 23/10/2021 - 02:10
Last edited 04/11/2021 - 22:46 by 2 other users

Hi guys.

So I bought a second hand car from a guy. They told me they would let me know when the notice of disposal is submitted. After a day, he told me that the car is still registered to its previous owner whom they tried to call to ask for the notice of disposal but was unsuccessful.

So I am unable to transfer for rego to my name as the car isn't registered to the seller so he cannot lodge notice of disposal. The seller has proof of purchase/receipt from the previous owner and that's about it. I checked the car history online and it isn't reported stolen or anything.

Is there a way to complete the transfer of registration without notice of disposal?

Automotive

Comments

  • workhappens on 23/10/2021 - 03:30
    +9

    This seems sketchy and I would avoid it with a ten foot barge pole if you haven't exchanged any money already. Who has been paying for the rego all this time, who has been paying green slip insurance etc. It sounds like so much trouble.

    However the Service NSW website says this: If the notice of disposal has not been submitted by the seller you can still complete this transaction at a service centre within 14 days from the date of purchase to avoid a late transfer fee.

    • [Deactivated] on 23/10/2021 - 09:39

      Seller will get a fine for not lodging too, I suspect. Should be okay. Hope you didnt pay cash with no receipt signed.

  • pegaxs on 23/10/2021 - 07:39
    +2

    The seller you bought it off needs to transfer it into their name, then you can transfer it into your name. The original owner does not have to submit a notice of disposal if you have some form of receipt to say you bought it off someone. Registration is not proof of ownership, it’s just a record of who is responsible for registering the vehicle.

    I hope you did your PPSR check to see it wasn’t stolen.

    Is there a way to complete the transfer of registration without notice of disposal?

    Yes, you cannot do it online, but you can still do it at a Service NSW office. You will need to take your receipt from the seller you bought it from and fill out this form and pay the transfer and stamp duty.

  • Muzeeb on 23/10/2021 - 08:13
    +7

    Always ask the seller for: the current certificate of registration

    proof that the person selling the car is the owner

    You failed the first step of buying a used car. FFS

    Source

    • Melb69 on 23/10/2021 - 09:14

      I am constantly amazed by the stuff that ppl get themselves into and or want to without taking a minute to do due diligence

      It's a constant source of info of things to avoid, so you don't have to post similar threads

      If no transaction has been made definitely get the seller to get his act together to get the paper work sorted for sale before any cssh transferred. Already it seems odd that the seller himself doesn't have the transfer to his name. Just cover yourself OP if you must have this car

      • apsilon on 23/10/2021 - 09:39

        Already it seems odd that the seller himself doesn't have the transfer to his name

        I can see a few scenarios:
        - May have bought it with the intention of flipping it and was hoping to not pay the transfer fee.
        - Bought it then found a major issue with it and decided to get rid of it while they could.
        - Actually is stolen/rebirthed.

        You do have to wonder why the original seller didn't submit the notice of disposal either.

        • deme on 23/10/2021 - 10:27
          • May have bought it with the intention of flipping it and was hoping to not pay the transfer fee.

          Illegal

          • Bought it then found a major issue with it and decided to get rid of it while they could.

          See above

          • Actually is stolen/rebirthed.

          See above

          • resisting the urge on 23/10/2021 - 13:03

            @deme: So the buyer, and/or the current owner is either foolish, lazy, got jibbed, scammed, or…

            The current owner bought or was given a vehicle, perfectly roadworthy and worth the money paid. However the previous registered owner's Notice of Disposal was not processed, or was lost.

            • Previous Owner wrote poorly on the form.
            • Admin error at the RMS, etc.

            Then the current owner was too busy/changed plans (infinite reasons both reasonable or otherwise) so never changed it into their name. RMS don't know them as the owner.

            RMS will change it if the OP has a personal receipt form the current owner.

            Not sure if the current owner needs to be the previous registered owner in the absence of a NoD form being processed. OP best read up on the RMS website, less someone else can suggest what to request when changing a NSW car into your name.

  • DashCam AKA Rolts on 23/10/2021 - 08:49
    +4

    UPLT: start driving on toll roads to convince the registered owner to transfer ownership quickly.

    • dasher86 on 23/10/2021 - 09:24
      +2

      Eh I would report it as stolen.

      • azonki on 23/10/2021 - 09:33
        +2

        The law will come down on you pretty heavy for making false claims.

    • brendanm on 23/10/2021 - 09:59

      Either that or you'll get free toll roads until rego is up, then register to yourself. Either way it's a win.

  • pharkurnell on 23/10/2021 - 11:27

    Are you sure this bloke actually owned the car that he sold you??

  • GoldenDragon888 on 23/10/2021 - 11:41

    Would love to know?
    How much did you pay?
    What car?
    Did you pay cash?

  • Drakesy on 23/10/2021 - 12:30

    Should be pretty easy for the seller to do the transfer.
    In WA it's all handled online now and is a 5 minute process. The fact that the seller isn't on the rego papers is suss.

    • Muzeeb on 23/10/2021 - 12:40

      But the seller (the one op purchased off) does not have the car in their name and never paid stamp duty.

  • GoldenDragon888 on 23/10/2021 - 14:49
    +2

    Also had a brand new iPhone stolen before he left the shop too. https://www.ozbargain.com.au/node/428096 Great story.

    • Muzeeb on 23/10/2021 - 16:19
      +2

      Kenn Due Diligence adams

  • thatonethere on 23/10/2021 - 15:19
    +1

    I would try and return the car for a refund asap

    • pharkurnell on 23/10/2021 - 16:24

      thats if seller #2 is still in the country.

  • Seraphin7 on 23/10/2021 - 17:23
    +1

    Oh boy.

  • SlavOz on 24/10/2021 - 21:49
    -1

    Sounds very likely that you were scammed.

    • Euphemistic on 25/10/2021 - 05:49

      It’s not that unusual for someone to buy a cheap registered car and not transfer rego. Saves $.more normally the car would be scrapped or sold unreg when the rego runs out

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