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Car purchased not in buyers name

Posted: Sun Jan 7, 2024 12:29pm
11 replies6 members subscribed
Denver

Denver

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Hello

A friend bought car off his friend and after 6 yrs still in original owners name.   Although our friend has paid car insurance, service etc.

I told him that it’s his responsibility to change the ownership, obtain receipt of purchase (in Spanish) etc pay tax, transfer fee etc.  but I’m getting the impression he thinks the previous owner should.

Does anyone know the actual legal issue here.
Who is responsible for Suma ? As I would imagine it’s still in name original owner ?  What happens with accident etc. 

thank you 

 

marcliff

Posted: Sun Jan 7, 2024 1:30pm

marcliff

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Posted: Sun Jan 7, 2024 1:30pm

It is the buyer's responsibility in Spain to change the ownership details. 

Annual car taxes stay with the car. Although it may be in the old owner's name, when your friend eventually gets around to putting it in his name then any outstanding debts stay with the car and he will be responsible for any outstanding fees (and possible late fines).

If he's unsure how to put it in his name, get him to go to a gestor or company that does transfer of ownership. 

Darro

Posted: Sun Jan 7, 2024 2:23pm

Darro

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Posted: Sun Jan 7, 2024 2:23pm

"It is the buyer's responsibility in Spain to change the ownership details"

True however I don't believe there is any actual law on the matter and the cost is usually by agreement between seller and buyer. Suma is the responsibility of the registered owner on Jan 1st.

I hope your friend has the correct paperwork signed by the owner (who still is BTW) otherwise he will likely encounter some difficulty in transferring it without. Even with it there may be some awkward questions to be answered especially if there any offences registered against the vehicle whilst in your possession, or indeed prior to buying it.

He may well need the services of someone like https://www.spanish-number-plates.com/

marcliff

Posted: Sun Jan 7, 2024 3:27pm

marcliff

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Posted: Sun Jan 7, 2024 3:27pm

Correos, who will also do the change of registration, states "The Change of Vehicle Ownership process must be completed whenever any motor vehicle is bought or sold. This is the legal process by which the buyer formally notifies the Traffic Authority about the new individual who owns the vehicle."

It is also pointed out on the DGT site that the purchaser is to provide the paperwork and identification required to change the ownership in order to ensure that previous fines, either administrative or traffic, are removed from the record for the new driver.

English advice lawyers state "it is the buyer's responsibility to notify the DGT of change of ownership".

Sounds pretty much like the law to me.

OK, if you buy through a dealer he will normally do it for you but you have to sign the paperwork for it to go through. 

Correos will do the transfer of ownership for you for 25 euro plus the (was) 55.70 DGT fee. 

Denver

Posted: Sun Jan 7, 2024 5:39pm

Denver

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Posted: Sun Jan 7, 2024 5:39pm

marcliff wrote on Sun Jan 7, 2024 3:27pm:

Correos, who will also do the change of registration, states "The Change of Vehicle Ownership process must be completed whenever any motor vehicle is bought or sold. This is the legal process by which the buyer formally notifies the Traffic Authority about the new individual who owns th...

...e vehicle."

It is also pointed out on the DGT site that the purchaser is to provide the paperwork and identification required to change the ownership in order to ensure that previous fines, either administrative or traffic, are removed from the record for the new driver.

English advice lawyers state "it is the buyer's responsibility to notify the DGT of change of ownership".

Sounds pretty much like the law to me.

OK, if you buy through a dealer he will normally do it for you but you have to sign the paperwork for it to go through. 

Correos will do the transfer of ownership for you for 25 euro plus the (was) 55.70 DGT fee. 

Thank you everyone

He has had the car for at least 8 yrs and still not transferred. 

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Golandrina

Posted: Sun Jan 7, 2024 10:47pm

Golandrina

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Posted: Sun Jan 7, 2024 10:47pm

Anyone who drives a vehicle in Spain should take a look at the N332 website as it deals with anything to do with driving in Spain.   It is for English speaking people and is run in conjunction with officers of the Guardia Civil.   There is an English version of the Spanish equivalent of the Highway Code on there.

Alex147

Posted: Mon Jan 8, 2024 2:34am

Posts: 30

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Joined: 22 Mar 2023

Posted: Mon Jan 8, 2024 2:34am

Biggest problem will probably be when he comes to sell it if he doesn't have the registered owners ID etc.

Also if the previous years road tax wasn't paid it will not be able to be transferred.

Kenbo

Posted: Mon Jan 8, 2024 9:15am

Kenbo

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Posted: Mon Jan 8, 2024 9:15am

As your friend still isn't the registered keeper and therefore not paid the Suma/road tax, ask him to check with his insurer how they view this, different insurers take different views on this, he could have been driving around uninsured for years.

Ken

Stephanie86

Posted: Mon Jan 8, 2024 1:45pm

Stephanie86

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Posted: Mon Jan 8, 2024 1:45pm

How has he ma aged to insure a vehicle if the registration details are not in his name?

Alex147

Posted: Mon Jan 8, 2024 2:41pm

Posts: 30

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Location: Benidorm

Joined: 22 Mar 2023

Posted: Mon Jan 8, 2024 2:41pm

Darro wrote on Sun Jan 7, 2024 2:23pm:

"It is the buyer's responsibility in Spain to change the ownership details"

True however I don't believe there is any actual law on the matter and the cost is usually by agreement between seller and buyer. Suma is the responsibility of the registered owner on Jan 1st.

I hope your friend has the correct paperwork signed by the owner (who still is BTW) otherwise he will likely encounter some difficulty in transferring it without. Even with it there may be some awkward questions to be answered especially if there any offences registered against the vehicle whilst in your possession, or indeed prior to buying it.

He may well need the services of someone like https://www.spanish-number-plates.com/

That company is for registering cars ie. imports isn't it?

I can recommend this company for car ownership transfers

https://simpleenglishadvice.com/

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