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[AUS] Official sales/purchase contract

Discussion in 'Politics, Laws, Government & Insurance' started by Iondah, Aug 13, 2007.

  1. Just wondering if anyone has a good template for a sales and/or purchase agreement for a vehicle. I noticed that, in VIC anyway registration isn't legal proof of ownership of a vehicle so it would be good to have a well stated purchase contact in legal jargon.

    If someone comes up with something good could we make this sticky?

    The offical letters for insurance claims are really good.

  2. Two points here. If you obtain a Vicroads securities register check, you have some protection, and if you buy a vehicle through a dealer there is protection.

    A contract of sale as you describe would provide little / no more protection (in practical terms) than you have now.
  3. so then how can you prove you own a bike, if you have just purchased it through a private sale?

    (im doing this tomorrow :shock:)
  4. If they have signed rego over + you have a signed statement that payment was received for the purpose of sale of motorcycle [specify make, model, year and licence plate number], you should be good. [Tramp? confirm? :)]

    I sold my 250 recently and the buyer requested a receipt.
    I simply hand-wrote on a piece of paper

  5. The more words there are - the more likely someone will screw things up.

    KeepIt SimpleStupid (KISS) works well .

    Since Intent is what gets proven -

    I xxx transfer sole ownership of xxxx reg no xxx to xxxx on full payment of xxx being received. Dated xxx

    Then get PAID IN FULL written by the prev owner on it in their handwriting

    Cant see even a court twisting that!
  6. Gentlemen, I agree in principle with most of what you say, and tyhe proposed receipt is fine, if title passes ok.

    The issue is the "title". A person (the seller) cannot give "good title" if they themselves don't posses it. (EG: the cars stolen / under finance and they forget to tell you..... :evil: ).

    That is why the statutory registers exist. If (for example) Vicroads "clear" a vehicle as being free from any securities, but there is $10000 owed to a finance company, you can claim on the insurance scheme when the finance company recover the vehicle. (It's a bit more complex than that but you get the idea).

    In the private sale scenario, the seller can certify all he likes, but if AGC have a security on the vehicle they can and will come after you, because you don't and cannot own "title".
    (This was what happened in Vic a few years ago with "rebirthed" cars. The original owners got back their cars, and the "buyers" were left out of pocket thousands.)

    Nb: Anyone can ask for a certificate from the register giving "clear title". I don't know the costs.
  7. A VSR certificate from VicRoads is about $8 from memory. Cheap insurance, though it only protects against creditors.
  8. You can also get a vehicle history report with a bit more detail now for about $15. See vicroads web page.
  9. Thanks gents, I was too lazy to look it up. :shock:
    If it's clear on both of these there is a very good chance the owner is kosher.