Unable to register vehicle

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markmc

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I purchased a motorcycle (with only 250KM on the clock) cash (well EFT at least) from someone I worked with who was immigrating to Australia.

Because I knew him well enough I didn't get a deed of sale or anything in writing from him.

He delivered the motorcycle (which I'm still trying to get running) and he had the transfer papers with him. So I filled them in. He game me the motorvehicle license which at the time I thought would be used to register the vehicle. He handed the transfer papers in and left the country.

I went to the Randburg traffic department to register the bike but they won't register it without the registration certificate. I can't apply for the registration certificate because even though the bike has been transferred to me only the original owner can apply for the registration certificate.

The seller is not responding to any of my Skype messages asking him about the registration certificate.

So I'm now in the predicament where I can't register the vehicle, therefore I can't legally ride it, sell it, scrap it, licence it. On top of that I've read that'll I'll incur penalties for not registering the vehicle.

Doesn't anyone have an idea what I can do to resolve this situation? Ideally I'd like to register the bike and continue with life. But if that's not possible, I'll do just about anything to sort out this mess.
 
First thing to confirm is who the registered owner is - it's possible that the guy who sold it to you isn't the actual owner. Then you need to get in contact with the registered owner and get him to sign an application for a duplicate registration certificate and you'll also need a copy of his ID. While you're talking to him, get him to sign the transfer of ownership form too. Go to the licensing department, pay them money and get the registration certificate. once you've got that, you can transfer it into your name. If the seller is the registered owner, maybe try to contact his family here - he may have given someone power of attorney and they might be able to help.

If the license is behind, you'll need to pay the arrears and penalties (which get's expensive quite quickly), before they'll transfer it.
 
I don't understand how you are going to incur penalties if the vehicle/bike is not in your name, you don't have the registration certificate so technically it still belongs to the owner who is in AUS.

As to how to resolve the issue I honestly don't see any way out, it was an error of judgement on your part or the owner deliberately sold you the bike knowing fully well that they don't have the certificate.
 
In reply to the above.

I live in the Randburg area.

The seller was definitely the owner of the bike. He bought it cash originally. I can see this on the traffic departments eNatis system. He transferred the bike into my name I could also see that on their system. The issue here is he gave me the license instead of the registration certificate and is now unavailable. So the bike is in my name, but I can't register it because I don't have the registered papers. I'm trying to get hold of him to send them to me, he may have lost the papers. He could possibly give someone in SA power of attorney to apply for the papers. In the meantime I'm trying to find out if there's an other way. For example could I get police clearance and then register it for example?

So the main issue is how do I register the bike without
 
That's correct, so it was transferred to me, however the traffic department will not register it without the original registration certificate. They also told me that I cannot apply for it only the original owner can. I'm not sure why, because I agree with you on that Arthur. Maybe they are talking nonsense there.
 
markmc said:
That's correct, so it was transferred to me, however the traffic department will not register it without the original registration certificate. They also told me that I cannot apply for it only the original owner can. I'm not sure why, because I agree with you on that Arthur. Maybe they are talking nonsense there.
Click to expand...

They are talking nonsense.

I am assuming the vehicle state is "Pending Sale"? ie. he recorded it as sold to you but you have not registered it yet. In this instance it is not possible to have a Duplicate Registration Certificate issued from the system.

Complete an affidavit detailing why you are not able to produce the Registration Certificate. You will also need a Police Clearance for the bike (micro-dotting if it isn't already).

Try speaking to a Supervisor. That tends to help. Go higher up if needs be.
 
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Why is a bike with 250km on it not running?

Also you really should have made yourself aware of your responsibilities as a buyer BEFORE completing the transaction. You never walk away without the original registration papers and a copy of the ID matching that of the papers.
 
markmc said:
That's correct, so it was transferred to me, however the traffic department will not register it without the original registration certificate. They also told me that I cannot apply for it only the original owner can. I'm not sure why, because I agree with you on that Arthur. Maybe they are talking nonsense there.
Click to expand...

Sounds more like they transferred the license to you, not the actual registration.

But even that shouldn't be possible technically.

You have to get the original registration papers, that's pretty much the only way. Whether through an affidavit or through the owner, but without the papers nothing else can be done.
 
ShaunSA said:
They are talking nonsense.

I am assuming the vehicle state is "Pending Sale"? ie. he recorded it as sold to you but you have not registered it yet. In this instance it is not possible to have a Duplicate Registration Certificate issued from the system.

Complete an affidavit detailing why you are not able to produce the Registration Certificate. You will also need a Police Clearance for the bike (micro-dotting if it isn't already).

Try speaking to a Supervisor. That tends to help. Go higher up if needs be.
Click to expand...

Thanks ShaunSA, the lady at the traffic department (who was the second person I spoke, I assume she was some sort of supervisor) did say it was recorded as transferred but not registered. I'll go through to the police and get an affidavit and also find out how to go about getting police clearance.

Thanks for the help.

I agree SauRoN, it is also my fault for not insisting on the papers and, a letter and a copy of the ID. So definitely I'm also to blame. btw the reason the bike isn't running is that it was sitting for a couple years so the carb got all gunked up. I cleaned out the carb and it runs better but I haven't managed to get it running properly yet, after allot of trying. So I'm gong to send it to Honda to get properly sorted out. Just hesitant to spend more money on it now that I'm in this situation,
 
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