buying a car with outstanding taxes and an embargo

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09 Jun 2011 00:00 by carolk7 Star rating. 5 posts Send private message

In January I bought a car, not the first time I have bought one here in my 5 years.  We were informed we had to use the gestoria of the garage as they had all the papers although I did express that I would rather use the person I have used for the last cars I have bought.

The car has been transferred to my name but when I did not recieve the tax for this year I asked my gestoria to chase it for me and she then informed me the car had an embargo on it, there was also outstanding tax for 2010 with interest 121 euro, we assumed this was why there was an embargo.  I duly paid this tax and tried to claim it from the garage who did not want to know and told me I should not have paid it and anyway a car cannot be transferred into another persons name if there is an embargo on it.  A couple of weeks after I had paid the outstanding tax I asked my gestoria to check now if the embargo had been lifted, the embargo as at June 3, 2011 was for nearly 1,000 social security embargo in the name of the last owner but this embargo is on the car which is now in my name.  Does anybody have any suggestions, again the garage denies all knowledge and takes no responsibility even though I told him this would never have happened if I  had been able to use my own gestoria

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09 Jun 2011 17:03 by jek Star rating. 249 posts Send private message

jek´s avatar

I would guess that if there were an embargo on the car then, as the garage advised, you cannot legally transfer title.  If so, the sale is presumably void and you can claim the money back from the person who sold it to you.  Presumably the documentation includes a contract of sale where the two parties are you and the garage. Two suggestions:

1. go back to your preferred gestor and ask him/her what you should do.  You will get better advice there than from a bunch of amateurs (Maria excepted of course) on a forum; and

2.     You chose not to stand your ground and insist on using your gestor which you were perfectly entitled to do.  You are over 18 and responsible for your own actions.  So please stop whingeing about the fact that you were persuaded to use the gestor suggested by the garage.

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09 Jun 2011 19:54 by gestoriasalvador Star rating in Almería. 9 posts Send private message

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I suppose you signed a "compra-venta" contract. There has to appear a clause saying that doesn't exists any taxes or debts etc about the car.

Go to the garage and show them the contract.

You can claim your money back or keep the car, but who has to pay the debt is the seller.

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