17 July 2015
My client settled on a property and then discovered the vendors had removed a garden shed and left their motor vehicle in my client's garage. I have written many times to the vendor's conveyancer and also to the family lawyer. It looks like they are avoiding my correspondence.
I want to know what my client can do to remove the car from their garage? The selling agent has been in contact with the vendors who have told him that they will not come to collect the car.
In relation to the motor car, this may be regarded as abandoned goods and a regime for dealing with such goods is established in Part 4.2 Division 2 of the Australian Consumer Law and Fair Trading Act 2012.
If your client chooses to deal with the car in any other way, the client takes the risk that the true owner will return at a later date and claim ownership of the car. That possibility is likely to decline with the passing of time.
Your client might also argue that he is entitled to set off the value of the garden shed against any amount received in relation to the car.
Regards Mentor
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