Transfer of ownership of a motor vechicle not done by Garage(Buyer)

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10 Apr 2016 3:56 PM by elraso Star rating. 38 posts Send private message

Advice needed by anyone who has found themselves in this situation.

I sold my old car to a local garage Two months ago for a pittence, The reason being i didnt want any problems with the buyer not transferring it out of my name., Five weeks after the sale (  have a bill of sale) to the garage  i get a speeding ticket that they have incurred. ,I call at the garage get the money off them and pay the fine. What concerns me is that this car is running round still with me as the still legal owner,What if this car is involved in something more serious,would i be liable even though i can prove that i sold the car .. Iknow that these garage owners dont want to go to the cost of changing the car into their name and then into the next buyer of the car as it incurs double costs, but surely the car should not leave the forecourt until the new paperwork is done. My question is what or whom should i contact to inform them that iam no longer the legal owner of this car, Any advice from the forum would be appreciated.

 





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10 Apr 2016 5:03 PM by Mickyfinn Star rating in Spain and France. 1840 posts Send private message

You need to go to your local Traffico office and do the paper work for which you are legally obliged to complete on change of ownership. In the UK it is no different.  



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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11 Apr 2016 9:45 AM by johnzx Star rating in Spain. 5255 posts Send private message

Micky, they must have changed things in the UK in the almost 30 years I have been away " in the UK it is no different."    Here it is not just a matter of sending a notification, as it used ti be in UK. 

Elraso;    Whilst it is the owner's responsibility in Spain to inform,Trafico, submit the paperwork etc when a vehicle is transferred, ibnyour case I would suggest that as the garage agreed to do it that you go to the garage, ask (demand) the complaints form, COMPLETE it no matter what they say, and if they still have not done the necessary in 2 weeks take the Consumer's Office copy to the Consumer's Office of the town hall where the garage is located. If the garage say they do not have the forms or refuse to give them to you, immediately call the policia local. They should attend, demand the forms and if not available issue a fine on the spot and close them down.

 


This message was last edited by johnzx on 11/04/2016.



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11 Apr 2016 10:02 AM by elraso Star rating. 38 posts Send private message

Johnzx. Thank you for your advice,you are correct in that the Garage said that they would take care of all the transfer paperwork, this they have not done ,hence the fine three weeks after they took the car off me. I will be calling at the garage today and your advice has been noted





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11 Apr 2016 11:36 AM by Mickyfinn Star rating in Spain and France. 1840 posts Send private message

I would have thought that from a legal position it matters not what private arrangement the owner engages in. What matters in law is as owner he/she is responsible for informing traffico the owner has changed.



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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11 Apr 2016 12:09 PM by johnzx Star rating in Spain. 5255 posts Send private message

Micky,  as we both say it is the responsibility of the owner to notify Trafico (or at least to ensure it is done)  but often it is done by the dealer, gestor, ne owner, etc..   

I have bought and sold a few vehicles in Spain.  The first private sale was a motorcycle. I went with the Spanish lad who bought it and we traipsed  from `place to place,. office to office etc.  Never again.

Each other time it has been done by the dealer or the new Spanish owner. Never had any problems.

 

For reference:

http://www.velascolawyers.com/en/motor-and-marine-law/176-change-of-ownership-of-a-car-in-spain.html

Change of ownership of a car in Spain

When a private person sells a vehicle to another physical person, it is very important to go through the complete set of administrative procedures in order to change the ownership. Failure to do this will incur different types of problems including fines and road tax of the new owner being sent and charged to the former owner.

The Royal Decree 2822/1998 regulates all the legislation in Spain revolving around vehicles, including purchase and sale.

Duties of the seller

For a second hand sale the vendor will have to provide the following documentation:

  1. The “permiso de circulación” (signed at the back, along with the “ficha de características técnicas” (the document specifying the model and the characteristics of the vehicle).
  2. The receipts of payments of the “Impuesto de Vehículos de Tracción Mecánica”, (equivalent to the road tax)
  3. If the vehicle is more than 4 years old, the documents from the ITV (“Inspección Técnica de Vehículos” equivalent to the MOT).

It is important that in the sale purchase contract the precise date at which the vehicle is handed over appears, this in order to determine the responsibility for fines or accident immediately before or after the sale. The details of the buyer and seller must appear with copies of the DNI, NIE (or CIF in case of a company) attached to the contract.

The seller will have 10 days after the handing over to notify the “Dirección General de Tráfico” (the Traffic department of the police) that the vehicle has been sold by filling a special form (trámite de notificación de venta). This is very important and where most of the problems originate. Doing this eliminates the seller from the responsibility of fines, road tax, insurances and civil responsibility.

After signing the purchase contract and the car is handed over, the buyer has 15 days to give to the seller a copy of the new “permiso de circulación” certifying the vehicle now belongs to the new owner.

Duties of the buyer

The buyer will have to register the vehicle’s new ownership in the database of the traffic department.

The buyer purchased the vehicle from a second hand car dealer.

Most of the time the dealer will take care of the paperwork, giving to the buyer the “permiso de circulación” already in his name and the ITV document certifying that the vehicle passed the ITV check.

The buyer purchased the vehicle from a private person

In this case the buyer needs to have the following documentation:

  • Sale contract (signed by both parties)
  • Form requesting the change of ownership (Solicitud de cambio de Titularidad del Vehículo) signed by both parties
  • Documents from the ITV check (if necessary)
  • Permiso de circulación
  • The receipts of payments of the “Impuesto de Vehículos de Tracción Mecánica from the previous year.

After this the buyer has 30 days to:

  1. Pay the transfer tax (modelo 620) to the tax department of the local Autonomous Community, providing all the above documentation.
  2. Pay the new road tax and present the form of “Solicitud de cambio de Titularidad del Vehículo” to the traffic department. It is normal practice that buyer and vendor do this last operation together at the traffic department as this can greatly speed up the administration procedure.

The guarantee

The seller is responsible of hidden defects that the vehicle may have and that were not apparent at a glance.

If the purchases takes place between individuals, the buyer may chose to renounce this guarantee and buy the vehicle “as is”, whereas if the seller is a professional dealer he will be held responsible for any defects that the vehicle may present after purchase.

The insurance policy

If buyer and seller agree, it will be possible to transfer (subrogate) the insurance policy to the new owner. Buyer and seller should check with the insurance company of the best procedure. This operation will have to be done within 15 days after the sale. The buyer should nevertheless check that the vendor insurance policy payments are up to date.





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11 Apr 2016 1:06 PM by Mickyfinn Star rating in Spain and France. 1840 posts Send private message

Thanks for the info John.



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



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10 Apr 2017 8:35 AM by aarenabbi Star rating in United Kingdom. 4 posts Send private message

aarenabbi´s avatar

I think mostly ownership of a motor vechicle is transferred by seller not buyer.

Am I right?





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10 Apr 2017 1:34 PM by Roberto Star rating in Torremolinos. 4552 posts Send private message

Roberto´s avatar

Here's a link to the instructions for notifying Tráfico of the transfer of ownership (in English) which you shold complete and send to Tráfico - even if the buyer doesn't fulfill their obligations. 

Hope this helps.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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