Arco-Iris

Well, Spain, I really wish you luck with this. My thinking though is, that that won't cut any ice with the policia if the new owner is stopped by them and s/he doesn't meet all the documentation requirements.

Our experience highlighted that all the Trafico office was interested in was who is the registered owner and fine them accordingly, if the official transfer of ownership had not been completed.

Good luck with your chosen method.

spain

well now youve got me worried as the solicitor assured me this is the bext way to do it

I dont really have any concerns as the guy buying my car is an older English gentleman but it does make you wonder whats the point if this "contracto" isnt worth the paper its written on

Mitzyboy

I think Arcos probably right .... they'll go for the easy option, and the contract you have will be of use only for any action between you and the buyer

Arco-Iris

Spain, I don't know if you've let the car go yet, but if you haven't, one solution would be to hang on to the vehicle until your purchaser returns with his Permiso de Circulación from Trafico, proving his transfer of ownership.

The other is to go with the purchaser to the Trafico to register a Debajo de Matricula. If neither of you speaks enough Spanish, you could pay for an interpreter or gestor - they are not as expensive as lawyers.

All the best.

Arco-Iris

Here's some more information in case anyone finds themselves in the same situation.

We've been sitting back this week, in all optimism, waiting for the dosh to be paid in. Ha, ha! Nooooo. We went down to the Hacienda this morning with the document and were told to fill in a form of Recurso de Reposición by one official and to return to the ground floor. Downstairs, the official didn't look at the documents but in answer to my question about when the money would be paid, it seemed he'd assumed we needed to pay them and said the bank would notify us. We straightened that out, that we were expecting money, and he wanted us to go away and get our bank account details. My reasoning was they had no problem finding that info. when they wanted the money, they had to have it in their computer. They did, and that was added to the form. The punchline is, when we asked him how long before we get the dosh .....maybe a month, maybe more!

So, no big spend-up yet.....

Arco-Iris

Well it's only 7 months since we looked forward to a serious bit of retail therapy with the refund of the fine.

They sent a cheque in February but to our home address, where the mail is not delivered (which caused the problem in the first instance). The Hacienda couldn't cancel the cheque and do a bank transfer as it's the law in Spain that a period of 3 months must pass to prove it's not cashed.

Well worth all the regular calls and visits to the Hacienda - last week, finally, we got it, paid direct into the bank!

Lionda

Glad to hear you got the money at last - would that be with interest I bet not but it should be! Still, at least you got it back, well done!

Arco-Iris

Yes, would you Adam 'n Eve it - with interest!

Lionda

scampicat

But the person who was fined had not committed a crime!

And they took money from his bank account without his knowledge or consent!

This is never right, surely?

scampicat

To the OP - glad it all worked OK in the end.

If we ever sell our car (now Spanish reg), or our scooter, (bought and registered in Spain) I will insist that we all go to Trafico together and do the transfer.

Same as you do with a Notario if you buy a house.

If there is anything that will drive me back to the UK, it is things like this when the powers that be just use their power as the mood takes them, without caring about what the law is and get away with it. Even with people sticking up for them for doing it!:curse: As a previous poster said, this is an EU country, you expect to be treated fairly.

Rant over, sorry!

Grazy

I have lived in Spain for 22 years and got my fingers burnt more that once over buying and selling cars.

Now! I will only buy or sell a vehicle if the other party is prepared to come to Gestorias office with me, to do the paperwork.

Anybody who won’t go with you to the Gestor, is not interested in doing a Straight deal.

Believe me after 22 years, I have learned that in Spain All your papers must be in order All the time.

It works out cheaper that way in the end.

jdr

The car was still in the old owners name, so they are liable for any fines, parking tickets etc, and god forbid a fatal accident.

scampicat

Yes I understand that.

But it is not a just law, is it? It was the person who'd bought the car who'd failed to comply with the law.

I understand some things are different here, but we don't have to pretend they are OK when they are not.

Grazy

Hi All,

In Spain if you allow another person to use your car i.e. you sell it but fail to get them to go with you either to El departamiento de Trafico or an intermediary (Gestor) even though they have paid you money in full for it:
· You are breaking the law, as it is your responsibility to ensure that the registration is transferred into the name of the new owner.
· If they break the law in what is regarded in law, as still your car the police, if they fail to detain the driver will come to your address.

The answer is so simple, when you sell a vehicle go to a h
Gistoria or directly to Trafico and make sure that both vendor and purchaser sign on the dotted line.

Any purchaser who will not go with you to the Gestor, is not acting legally.

I hope that information helps some members.