The Driver and Vehicle Licensing Authority (DVLA) has advised the public to exercise due diligence when purchasing vehicles to avoid disputes and protect their legal rights.
It urged prospective buyers to ensure that sellers have proper ownership of the vehicle, present authentic and complete registration documents, and comply with all statutory requirements.
In a statement issued yesterday and copied to The Ghanaian Times, the DVLA clarified that it does not adjudicate disputes relating to ownership of property, including vehicles.
The Authority also outlined the legal procedures for change of ownership or registration in situations where the seller or importer cannot be traced.
According to the statement, the DVLA cannot alter its records without legal authority where the registered owner has not completed the required transfer documentation or where the importer named in customs records has not finalised lawful registration.
The Authority explained that under the Sale of Goods Act, there is an implied condition that the seller has the right to sell and transfer good title to the buyer.
It added that a seller is legally obliged to convey lawful ownership and ensure that the buyer enjoys quiet possession of the vehicle.
“Where a seller fails in this duty, the remedy lies with the seller,” the statement said.
The DVLA further noted that where a purchaser cannot trace the seller, the appropriate course of action is to initiate legal proceedings to obtain a declaration of ownership or a vesting order from a court.
It explained that in such cases, the court may allow substituted service where the seller cannot be located.
“Upon consideration of evidence of purchase, payment, possession, and due diligence in attempting to locate the seller, the court may grant the necessary orders declaring the purchaser the lawful owner,” the statement said.
It added “Once such an order is issued, the DVLA will give full effect to it in accordance with the law. In some instances, the Authority may be joined as a second defendant solely for the purpose of implementing the court’s final determination.”
The DVLA cautioned buyers against initiating legal action against the Authority when sellers cannot be traced, warning that such cases could be challenged by other parties in court.
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