Bike Sale and Theft

[Noseworthy]

Perhaps someone can help me

2 years ago I sold my motorbike, signed the change of ownership papers and money was transferred. Everyone happy

Last Friday the police called me to say the bike was recovered.

It seems the new owner never handed in the paperwork.

Since then, no one besides the police have made contact and want me to come and collect the bike as eNatas is showing that Im the owner.

I don't have the "new owners" details and they have not reported the bike as stolen within the 2 weeks.

What are my options?

PS the police want to buy the bike and I have the paperwork on file.

 

[wmurray]

Perhaps someone can help me

2 years ago I sold my motorbike, signed the change of ownership papers and money was transferred. Everyone happy

Last Friday the police called me to say the bike was recovered.

It seems the new owner never handed in the paperwork.

Since then, no one besides the police have made contact and want me to come and collect the bike as eNatas is showing that Im the owner.

I don't have the "new owners" details and they have not reported the bike as stolen within the 2 weeks.

What are my options?

PS the police want to buy the bike and I have the paperwork on file.

This is the least of your problems, obviously the buyer did not take transfer so the license fees will be 2 years overdue and for your account, collect the bike and release it once you have the arrears in hand or sell to defray costs.

I have never heard of the police wanting to buy recovered goods, sound suspicious to me, don't get involved, collect bike and once in hand follow the legal procedure to sell to defray costs.

 

[Noseworthy]

Ok so I can resell it? Even if the officer wants to buy it as I suggested that. The new owner has no recourse. Am I correct?

 

[riscbroker]

You need to find out whether the seller or the buyer is responsible for submitting change of ownership docs. If the seller (you) is responsible then you might have a problem.

 

[ebendl]

You need to find out whether the seller or the buyer is responsible for submitting change of ownership docs. If the seller (you) is responsible then you might have a problem.

I'm relatively sure that it is the original owner's responsibility to submit the paperwork. Otherwise the possibilities for fraud (i.e. using your vehicle for illegal activities) unpaid etolls, fines etc. would be too great.

At least, if I were to sell my vehicle to somebody I do not know (or isn't a decent well known car dealer) I would definitely make sure the ownership changes.

 

[Arthur]

It is the Seller's responsibility to submit the yellow Notification of Change of Ownership form to the appropriate licensing authority. You didn't do that and are thus in breach of your statutory obligation.

Also, you have already sold the vehicle, and therefore cannot resell it again, otherwise you expose yourself to a charge of unjust enrichment. As a matter of morality as well as law, you cannot benefit from your own failure to submit the yellow form.

At best you can take possession of the vehicle on behalf of the owner and store it for him. Advertise in your local newspaper, giving the appropriate details and calling on the purchaser to take delivery of his vehicle. Give it at least three months.

If I were you I'd also write it all up in an Affadavit and have it sworn and stamped at the local cop station.

 

[VC-1]

It seems the new owner never handed in the paperwork.

This is where your problems started. The Road Traffic Act clearly states that it is YOUR duty as owner and NOT the buyer to notify the Registration Department of the change of ownership on the prescribed form - Kapish!!!
It would appear from the given facts in your posting - That you have committed an violation in terms of the Act - To Wit: Failing to notify the registration authority of the fact there was an change in ownership on the prescribed form within the prescribed period.

 

[durbandave]

Surely the police would have the details of the new owner, if it was recovered as stolen from them.

I would start there. For all you know the new owner is sitting in jail for "stealing" your bike. Even though you are at fault.

 

[Hemi300c]

Tell the SAPS person whom contacted you the truth and inform the station commander of the station concerned as well, that will stop him "stealing" the bike.

 

[Shellyb1]

Surely the owners that reported it stolen had a case number and affidavit associated with it?

Or am I missing something?

Case number on the CAS system should give chops the details.

 

[Shellyb1]

Oh, police might be trying to score it for cheap. Thinking you will sell it to them for a "steal" and the owner that bought it loses out?