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Difficult seller or buyer


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A motor vehicle, being a serial numbered good as defined in the PPS Act, must have a registration on the VIN and only the VIN.

If there is no encumbrance on the VIN of the car, you are good to go. 

To better support any issues in the future, get a stat dec from the seller stating, car is unencumbered and not subject to dealing of any dispute and indemnifying you for any lose.

If your genuine purpose of buying the car is simply to purchase the car and not to defeat or prejudice any other party, you can rely on good faith.

This is merely general advice and not my professional opinion. Happy to receive your PM or any other forum member's if you require any further general advice.  

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OK - this is totally more complicated than you imagined, when you are just trying to buy a car.

If it was me, I would go ahead  (based on the advice above) and pay the remainder by handing over a bank cheque so I could drive away in the car with its clear title.

Good luck in someone elses sheetstorm!!!

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The first Porsche I ever bought was from a seller who would only take cash (no big deal back then cars were cheap🙄

I had done all the necessary checks to see that it was not encumbered.

Two months later a Lawyer at my front door wanting answers because I had bought the car from a disclosed bankruptee.

I had to do my best to prove that I had no knowledge of him being bankrupt, It was fairly stressful at the time.

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1 hour ago, 9er said:

The first Porsche I ever bought was from a seller who would only take cash (no big deal back then cars were cheap🙄

I had done all the necessary checks to see that it was not encumbered.

Two months later a Lawyer at my front door wanting answers because I had bought the car from a disclosed bankruptee.

I had to do my best to prove that I had no knowledge of him being bankrupt, It was fairly stressful at the time.

The onus is on the trustee to prove. He was just calling your bluff with serious sounding letters.. 

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17 hours ago, smit2100 said:

How does that work with a private sale in this case. No consolation for the OP, but  I brought my last three cars sight unseen but TRY to protect the deposit by my offer in writing being  subject to a fully refundable deposit at the buyers (my) discretion should I elect not to go through with the  purchase after a ppi is done.( can hide behind the ppi even if its pristine and change my mind or come across something like this). 

Yep, I just think you need to be super clear up front.

In all my cases when I have been the buyer the deposit is a "Holding Deposit, Fully Refundable if upon inspection the buyer is not happy to proceed with sale". I only have experience with deposits for interstate sales. The deposit secures the vehicle for a period of time sufficient for you to jump on a plane, hire a car/cab and inspect with your own eyes. With this commitment of flying interstate the buyer has every intention of proceeding unless there are surprises on inspection. For me it's usually no more than a couple of days and ensures that the car is not sold to someone else whilst in a taxi on the way to the sellers house. Ask me how I learnt this little lesson...

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Ok gents, update.

After getting the wobblys about all the ex stuff and seeking advice from far and wide and sleeping on it. The result is this

Got clearance from bank with certificate, and for my own piece of mind did another search online as if I was any other buyer and all clear. Feeling better now.

Spoke with seller again in the morning, all good and very understanding of my situation with ex chasing after me down the street. Work out the details to finalise sale.

Rang boss, told him I got a call from daycare centre, my boys sick gotta go😂

Excitement building!

Deal closed and done today, hooray!

Drove home via my brothers for him to check it out smiling like a Cheshire cat😆

Finally my 1st Porsche! 

A big thanks to my bro and other gents in the chinese whispers chain that lead to purchase. 

Happy ending after all, well apart from my Mrs. 😂😂

 

4 hours ago, TrevMcRev said:

I’d be less worried about the sellers ex wife and more worried about your wife finding out you bought it! 

Told her tonight, not the price tho. Followed by argument. Well I spoke calmly, called her a dream squasher and that was that. She'll get over it or move on😂

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17 hours ago, 9er said:

The first Porsche I ever bought was from a seller who would only take cash (no big deal back then cars were cheap🙄

I had done all the necessary checks to see that it was not encumbered.

Two months later a Lawyer at my front door wanting answers because I had bought the car from a disclosed bankruptee.

I had to do my best to prove that I had no knowledge of him being bankrupt, It was fairly stressful at the time.

I doubt he's bankrupt, but maybe after his divorce is done😂

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Well done mate, sometimes if you're half in and not much chance of money back, regardless of fault, you just have to make the calculated decision and plough on ahead or take a walk. It'll work out ok, you've paid your $$$ and you own the car. Hope she's a beaut for you and see you on an SMT sometime.

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1 hour ago, Troubleshooter said:

Well done mate, sometimes if you're half in and not much chance of money back, regardless of fault, you just have to make the calculated decision and plough on ahead or take a walk. It'll work out ok, you've paid your $$$ and you own the car. Hope she's a beaut for you and see you on an SMT sometime.

Cheers. I think after 9yrs driving a Triton I'll be Captain Slow on an SMT until I get accustomed to it.

Showed my soon to be 2yr boy last night and he didn't want to get out, threw a tantrum 😂😂 

Can even pronounce Porsche correctly 👍

Now for the baby seat 😎

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1 hour ago, PDean said:

Cheers. I think after 9yrs driving a Triton I'll be Captain Slow on an SMT until I get accustomed to it

Can even pronounce Porsche correctly 👍

 

 Oh you'll be driving the hell out of it soon enough! Just brake late and turn mate 👍 

 How to pronounce Porsche is an ongoing global debate that noone seems to win 😁

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4 hours ago, Dave986 said:

Edit: Congrats. Glad it worked out well.

———————————————-

Damn, I feel for you mate.

I’d walk. 

Good luck.

Cheers.

My near 2yr old boy wants to go out to the garage every night and every night he says "Wow" at least 4 times. He says it, I'm thinking it 😆

The comical debate goes on as to whose car it is 😂

 

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On 14/05/2019 at 22:36, PDean said:

...

Deal closed and done today, hooray!

Drove home via my brothers for him to check it out smiling like a Cheshire cat😆

Finally my 1st Porsche! 

A big thanks to my bro and other gents in the chinese whispers chain that lead to purchase. 

Happy ending after all, well apart from my Mrs. 😂😂

 

Told her tonight, not the price tho. Followed by argument. Well I spoke calmly, called her a dream squasher and that was that. She'll get over it or move on😂

Pics or didn't happen...

Congrats on getting through the saga in a calm manner.  Grab a grinder and a new VIN and you are all set 😎

As for the argument with SHMBO, this is your first Porsche not last. Plus, plenty of mods / expense to come.  The "discussions" will get better over time.

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1 minute ago, AB_981 said:

Pics or didn't happen...

Congrats on getting through the saga in a calm manner.  Grab a grinder and a new VIN and you are all set 😎

As for the argument with SHMBO, this is your first Porsche not last. Plus, plenty of mods / expense to come.  The "discussions" will get better over time.

Pics will be forthcoming, what's the best way to get pics up on here. From what I understand you need to do it through another app or something. 

Spoke to work mate and told him even the seller took a pic of me with the car at pick up. Must be a Porsche thing. 😆

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You can pretty much load pictures straight from your computer or tablet. But there's a limit to size of files per thread it appears whichnis why you may do better to compress the files before loading them if you want to post quite a few pictures. 

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1 hour ago, PDean said:

Spoke to work mate and told him even the seller took a pic of me with the car at pick up. Must be a Porsche thing. 😆

We all have the "pick up" picture ... I took them of my son when he got his first and second car as well ...

That photo of your son in the car ... my grandson is exactly the same .. :LOL:

Enjoy your new car ... You'll be turning around to look over your shoulder at it whenever you park and walk away .. don't be embarrassed .. we all do it!! ... 

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