NSW Right form for private car sale contract early payout?

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infernal

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27 June 2019
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My parents brought a car from an ex friend, and they had some troubles in the past with the seller demanding larger repayments. Fast forward to now, they have some money together and they made the seller an offer of a lump sum less than thr full amount owed and they have accepted. What type of form or declaration would they need to fill out in front of a JP, showing the money is handed over and that the seller accepts this payment as full and final payment for the car?
Do we need to do 2 identical forms so the seller has a copy or can we photo copy once JP signs?
Is it just the seller who has to sign the declaration or my parents aswell?

I guess all my parents want is for a JP to be present when the cash is handed over and that the seller signs something that states the car is now fully paid for.

Thanks.
 

Atticus

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6 February 2019
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cash is handed over
Regardless of anything else, I would not use cash... Maybe a bank cheque made out to the seller or credit card paymnet... Something that will prove a transaction of $xxxxx to xxxx on xxxxx date.
 

Tim W

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28 April 2014
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JPs are not allowed to "be present" in the way you are asking about.

The simplest solution is don't hand over actual cash.
 

infernal

Active Member
27 June 2019
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JPs are not allowed to "be present" in the way you are asking about.

The simplest solution is don't hand
Oh ok. I guess we use bank cheque, can you prove shes cashed it, if needed?
All we really want is a signed document where she acknowledges she received payment and its full and final payment. And have a JP witness she signed it.
Would we just need a statutory declaration form?
 

Tim W

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I don't know what you think a JP is allowed to do in this situation?
And do you really this ex-friend is going to be compelled to have one present?
 

infernal

Active Member
27 June 2019
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My understanding of what the JP can do is witness the ex friend sign a declaration stating she received payment and the car is fully paid for.
Am I wrong?
 

infernal

Active Member
27 June 2019
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The ex friend is greedy, and with getting a large lump sum , instead of waiting for it to be paid off, she has agreed to sign a declaration.
 

Atticus

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6 February 2019
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My understanding of what the JP can do is witness the ex friend sign a declaration stating she received payment and the car is fully paid for.
Next to a properly drawn up contract, I think what you suggest is the next best thing .... Basically a declaration by her that she has received $xxxx as complete & final payment for vehicle Reg xxxx Make, year & model.

It's not a contract, but should there ever be a dispute arise over the sale, would be very good solid evidence that she has agreed to a sum of money.... Along with actual proof of the transaction
 

Tim W

Lawyer
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28 April 2014
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My understanding of what the JP can do is witness the ex friend sign a declaration stating she received payment and the car is fully paid for.
Am I wrong?
Do you mean You mean a Statutory Declaration that full payment has been received?
Probably.
But why would the seller sign a Stat Dec?
 

infernal

Active Member
27 June 2019
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Do you mean You mean a Statutory Declaration that full payment has been received?
Probably.
But why would the seller sign a Stat Dec?
If she wants payment, we want something to say she accepted payment and the car is now fully paid for. We had problems with her before and dont want to take any chances. My parents made her an offer of a large portion of the amount owed, or they keep paying the agreed to amount for the next 2.5 years. She agreed on these terms as she didn't want to wait when she could get a big chunk of it now and be done with it.