Embargo on a Motorbike-Help!

 Hi,

My bf brought a motorbike 8 months ago in Spain and is wanting to now sell it as is moving back to UK-we have just found out that the previous owner had an Emargo of 900Euro on it, which apparently is our responsibility. Can any one advise me if this is true?it should be the previous owners problem and he shouldnt be allowed to sell it to us.???..who should I speak too to sort it out etc? any advice appriciated...

Thanks

 Did you actually transfer the bike over to your name? If you are not in contact with the owner you need to find out who has placed the embargo, Hacienda,Seguridad Social etc, contact them to see if the money is still owed,as on many ocasions, debts are payed off but the governmental body or whoever the debt is owed to doesn't give the order to lift the embargo, so it is technically still embargoed although it isn't. If the debt is still there and hasn't been payed, it would have been there when you bought the bike 8 months ago and as far as I am aware once you sign the "transferencia de vehiculo" not only do you become the owner of the vehicle but you also assume responsability for the debts attached to it, please correct me anyone if I am wrong. Which is why everyone should have the vehicle checked out before buying it to avoid these nightmares. 

This is yet another example of a stupid and unfair law in Spain.  The debt should go with the person and not the vehicle.  How can it be fair that someone who did not incur the debt and knew nothing about it, should be liable for it?  Where is the natural justice?  And what is the person then supposed to do?  Pay some lawyer God knows how much who then doesn't manage to sort it out?  I'd keep the motorbike and ride it back to the UK and then ride it into the ground.

 I think you'll find that exactly the same sort of law applies in the UK.  If you purchase a vehicle (or bike) that has outstanding finance on it then the finance company has the right to chase you for the money or repossess the vehicle without giving you a refund. It really is important that a purchaser should do a car registration check before buying, but not sure how you do this is Spain.

 Eggie:  I usually agree with your comments but this time I must beg to differ.

If someone who is owed money by someone else gets an embargo on the debtor's property,  and the embargo does not follow the property, then think how unfair it would be to the creditor if the debtor were to simply sell or otherwise get rid of the embargoed property to render the embargo useless.  Getting rid of it in the manner you suggest is punishable by law.

When a property is embargoed to cover a debt, this embargo always goes with the property.  That is protection of the creditor's rights to collect.  That is, I believe, the law in most countries and not only in Spain.  What one needs to do when one buys property such as real estate, housing, vehicles, etc. (property most likely to be embargoed), is to check whether there are embargoes on that property and require the seller to lift any embargo before carrying out the purchase.  In the case of vehicles, this is done though the Department of Motor Vehicles.  This is specially relevant in those cases where the selling price of the vehicle looks like a fantastic bargain.  It may mean the seller is trying to get rid of the embargo.

Take the bike back to UK; change to UK plates , about £90 , then sell it.

 Lobin I have to agree with you.