I have someone wanting to buy my car on behalf of an elderly relative, who will not be present for the purchase. Are there any problems with this/ anything I should do? I asked NSW transport and they said it's up to me whether I accept the buyers signature on behalf of someone else..which doesn't make sense to me.
Buyer Wants to Buy on Behalf of Someone Else?
alex123711 on 21/09/2022 - 11:18
Comments
I will take payment from anyone, but I will only sign the paperwork over to whoever is there at the time of pickup.
I need to sight a license for whoever is taking the car because they are the ones responsible for what they do with the car after it has left my possession and I need to allocate any traffic infringements to the receiver, not some imaginary person.
Who they give it to or transfer it to after they have taken it from me is up to them to sort out.
I'm not in NSW; don't you need the buyer's signature on the registration transfer papers?
Yes that's what I asked transport NSW and was told it's 'up to me' if I accept the buyers signature on behalf.
But it's up to them ( ie. You as your name is still listed) who they send any fines / infringements racked up until it's registered in someone else's name.
Dont do it.
NOPE.
You sell to him and they can sell it to that person.
It is too much of a hassle to actually verify that the person is authorised to act on behalf of the elderly person they are talking about. If something goes wrong, you may end up dealing with someone you actually did not deal with.
So they have to pay stamp duty twice…
The risk will be the car is still legally in your name so they rack up speeding fines etc.
Plus sounds like the usual channel to scam you with some overcharge scam too (ie we will send a transport company to pick up the car etc)
If the relative isn't up to coming to see the car, should they even be driving is the real question
They probably work at an oil rig or a remote mine or something
It does say they are elderly, that's what I'm going off of.
"Elderly" isn't defined, so I don't know how we could make an assumption about someone's driving capabilities.
Did you do a REVS check?
Are they going to supply the existing car rego papers?
Are they going to give you a copy of their drivers license and the owners? Check the person's selling it matches the copy as this way you have proof of who sold you the car assuming the license is not a forgery.
Are you paying in CASH?????
Have you been to the elderly person's place to check that they are really selling it?Be very careful as it could be that the relative is someone they stole the car from and has no idea the car is missing.
They're selling, not buying
Then so long as they pay in CASH and you get a copy of their license then all is sweet.
… and exits all relevant details for the notice of disposal.
How did you not even read the title before commenting.
Not the first time they've given incorrect advice.
People need to make a distinction between the commercial act of selling a car and the legislative requirement of registration
You can sell the car to anyone regardless. So long as they hand over the money in a proper and safe manner (cash or whatever) then they get the car. You dont even need to know their name. You dont have to figure out if the person is authorised to act 'on behalf of' someone else. Would you do that if you were selling a fridge and the person said "i'm buying this for my son'? No, irrelevant.
However you then need to provide a Notice of Disposal form with the car’s registration number, date of the sale, and the details of the new owner. It doesnt matter to you, as seller, who that new owner is. Why did you care if its not the person who paid you the money? Put the name down and their licence.
However for safety I recommend you ask for a copy of the relatives licence (because you need to put those details on the NoD) and take a copy of the licence of the person who you are giving the car to. If something comes up then you have that evidence. But once you lodge the NoD, that is the end of your responsibility.
But who do you give the keys to? What happens if that driver (not the 'buyer' or 'owner') infringes a road regulation? Who is responsible?
you know this happens all the time, the owner of the car is often not the driver…
You dont even need to know their name.
Until the fines start rolling in…
You missed the ‘however’ bit? The bit where you can only transfer rego to a person with their licence details.
You can sell a car to a dog if you want. If you do that youd need to cancel the rego (take the plates).
It doesnt matter. you have sent in a notice of disposal, you are no longer responsible. Thats how the system works.
In NSW for a notice of disposal you need:
the vehicle's NSW registration plate number
your NSW driver licence or Photo Card details
the new owner's NSW driver licence details, or the NSW motor dealer's licence number
the sale date (known as the date of disposal)
the sale price or market value of the vehicle (whichever is higher)
BIG FAT NO.
Are you selling a desirable hoon car? It could be that the buyer is trying to put the car under their elderly relative's name, so when they get caught hooning, the car won't get crushed. Or when Police scan the plates, it comes back with a clean owner.
I have purchased a car on behalf of my parents in the past through a dealership, no problems at all, they just gave me all the paper work to take home for dad to sign(one to transfer the ownership of the car we were trading in, and the other was to take ownership of the new car). Came back to the dealer with signed documents, dad's drivers licence, and bank cheque, drove home in new(2ndhand) car.
P.S. the above 2 paragraphs are unrelated :)
Why owuldnt the other driver be there at sale. Thats what is scammy
Yes - the only issue is in whose name the car will be registered in after the sale. It doesn't matter unless it remains in your name, accidentally or deliberately on the buyer's part.
Settle with the buyer a way the signed Notice of Disposal gets to the rego authorities with a name on it that is not yours and all is sweet. Otherwise - no dice.
can't you transfer online ?
This used to be the opening of a very well known gumtree scam. Wanting to buy something for family and they're overseas/interstate blah2. Then you get lured into doing something/transferring some money under the guise of 'making sure the rest of the balance can be cleared'. Sometimes they will send you a link to an almost-real-looking site where you need to put in your banking login and password, and then boom. Money gone, car gone.
I don't see a problem. They are buying for someone, not trying to sell someone else's car. Further, you don't need a licence to own a car, just ask a bogan. Finally, the only prob might be for the proposed purchaser, not you, if their name is against a car bring driven by someone else. Fines etc.
Not a problem theybpay in cash get the licence details of the person physically giving you the cash.
We did sell in similar situation.
No issues no problems.
Face to face and cash in hand.It was to be registered to a lady pensioner (to get discounted rego in her state) and driven by relatives on yet another state (aka "foreign" number plates for them).
Type out a quick form for the person acting for the buyer to sign, acknowledging they are now 'responsible' for the car, and take their licence details.
Any fines/tolls come your way send the issuing authority a copy of that form.
You just need a way to prove that you were not driving/car-owner when any funny business occurs with the car.Make sure you get the details of the person collecting the vehicle as well as those of the ‘buyer’. Transfer it to the buyer the second they drive away. Keep a record of the person who collects it just in case something weird happens.
I had an offer like this, guy said he was on a fishing boat, another would pay via Paypal and CC and collect car, I smell a rat (con, said sure but it must be "cash" on collection, I never heard back, sold the car to a local 2 weeks later.
Are they using an internet messaging facility?