Paging Champ

Not moot at all. He'd not collected, so the sale was clearly not
complete.

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Exactly; so you take reasonable precautions.[/QUOTE]

Yes, but i'd imagine a lot of drivers would be complacent until it
happened to them. Until I heard about this (and had it happen to me -
thankfully without incident) I assumed that a set handbrake will keep
the car held indefinately.

On steep hills I'd expect most people to handbrake, wheels pointed to
kerb, leave it in gear, but on a more moderate incline would they
bother? IME people tend to leave cars in neutral on purpose in case
they forget and start it with a gear engaged the next time they come to
use it.

 

I'd be interested to know at what point, in law, ownership actually
transfers. I think you're right that it won't be a moot point. I'd be
surprised, however, if it's as late as the car actually being picked
up. I think we need Kiran. Anyone seen him?

 

<makes mental note>

 

I'd say you were right but I think it's a bit cuntish to insist it's the
new owners problem.

 

Every time I park my car. It is, however, a Saab so I don't really get
any choice in the matter.

 

At a guess, this is simply a contract[1] between Champ and his buyer. The
contract requires that Champ hands over the goods in exchange for some
valuable consideration, such as cash money.

The contract won't be complete until both parts have been performed, ie the
buyer has given Champ the money AND Champ has given the buyer the car.
Ownership would only transfer when both things had been done.

If Champ can't produce the car, then he can't carry out his part of the
contract and therefore (as far as the contract is concerned) is still the
legal owner of the car.

If Champ had been able to produce the car, then I'd say that the contract is
completed when the buyer takes physical possession of the car (this might be
the point where Champ hands over the keys).

[1]It's not a formal written contract, but it's a contract nonetheless.

 

I've been practising

http://www.flickr.com/photos/19417828@N08/1923172843/

http://www.flickr.com/photos/19417828@N08/1923172849/

Sadly, the next two weekends are signed over to my racehorses.

Who's responsible for "towing out of hedges"?

 

I wonder if it's been driven into a large body of water.

 

Nor me. It was someone else suggesting that you could refund the
chares in the event of a non-completed-sale that triggerred this
discussion.

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I'd be cautious about buying into something, sight unseen, that might need
several hundred pounds spending on recovery etc, especially if it's been
torched.

Still, it's only a tenner.

 

Seems logical.

The physical possession after payment of the consideration would be what
a Judge referred to, in what appears to be a landmark case re. parking
offences, as 'material disposition'. With the proviso that in "Francis v
Wandsworth" it was held that simply handing over keys (to a garage for
repairs in this case) did not constitute material disposition.

In fact, when I bought GFR#2 on Ebay and paid by Paypal we put the date
I actually collected the bike on the V5C.

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+-------------------------------------------------------------+
| Pete Fisher at Home: |
| Voxan Roadster Gilera Nordwest Yamaha WR250Z |
| Gilera GFR * 2 Moto Morini 2C/375 |
+-------------------------------------------------------------+

 

err .... buyer=thief ?

 

it's all about ownership and possession I believe, or having a
financial interest in it.
not owned by prospective purchaser.

 

about 10 years ago I was walking to the local shops are night and
heard that "humming" noise that tyres make on the road. I looked
around and narrowly avoided being bowled by a car that's handbrake had
failed. Said car was parked on someone's private (steep!) driveway,
rolled down, then uphill a short way, then back down where it nearly
nailed me.
It wouldn't have killed me but a couple of broken legs were on the
cards.
We don't have compulsory insurance here (NZL). 3rd world country. We
don't have personal liability either, we have a state-run no-fault
system. Suck, suck, suck.

 

and 85, better than dying of cancer. Make a hell of a headstone.
http://www.dailymotion.com/relevance/search/motorhead/video/x60j7_motorhead-killed-by-death_music

 

difficult in a manual

 

I like it, or more to the point it doesn't bother me in the slightest.

 

After he'd paid? I don't think so, eh?

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And if the possession and financial interest rest with two different
people?