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Procedure for obtaining the right to sell


If the finder wants to sell the goods they must take reasonable steps to trace the original owner if they, or their whereabouts, is unknown. This depends on the circumstances, but might include placing advertisements in local newspapers, notices on local community notice boards or contacting a trade association if the owner has a business.



If the finder has taken reasonable steps to trace the owner, but without success, they can sell the goods. It is worth keeping a note of what the finder did to trace the owner.



If the finder traces the original owner they must give the owner reasonable time to collect the goods. If the owner of the goods owes the finder money, for example, for repair to the goods, this time period should be at least three months.



If the original owner does not collect the goods within the time given, the finder can only sell the goods after they have sent the owner two formal notices. They can:-


send or deliver the first notice, followed later by the second one; or
send both notices together by recorded delivery or registered post.

The finder must give the owner of the goods, either personally or by post, a first written notice stating:-


that the owner is responsible for collecting the goods
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods when the notice is sent, for example, the repair cost or reasonable storage charges.

The finder must send the owner of the goods, by recorded delivery or registered post, a second written notice stating:-


that they intend to sell the goods if they are not collected by a date given in the notice
the details of the goods and where they are
the finder’s name and address
how much money is owed, if any, for the goods, when the notice is sent.

What happens if the owner does not collect the goods


If the owner does not collect the goods by the date given in the notice, and the finder is sure that the goods belong to the person who has been sent the notices, then they may keep the goods or sell them. If the goods are sold they will then legally belong to the purchaser.



If the goods are a car the finder must complete a form for change of possession (Form B62) which they can get from a post office, before selling the car.



What happens to the money from the sale


If you are the person selling the goods, you must be able to show the original owner that the sale was handled properly to get a fair price for the goods. Apart from the expenses of selling the goods, for example, storage charges or auction fees, the original owner must be given the money from the sale if their address is known. If the goods had been left for repair and were then not collected, the cost of the repair work can also be deducted. If not, the money must be kept for the original owner. However, after six years the owner cannot claim, or sue, for the money.