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Selling a car privately, who does what with the ownership document?

  • 03-03-2012 9:53am
    #1
    Closed Accounts Posts: 12,078 ✭✭✭✭


    As a private seller, do I send the change of ownership document off in the post on behalf of the new owner? or do I hand the ownership docu
    (log book in old speak) over to the person driving the car out of my driveway? Also, can the buyer get a bankers draft at the weekend?


Comments

  • Registered Users, Registered Users 2 Posts: 84,763 ✭✭✭✭Atlantic Dawn
    M


    You send it away, it's your responsibility to, otherwise you risk tolls and fines if buyer never registers the sale. Doubt they can get a draft today unless they bank with Ulster Bank.


  • Closed Accounts Posts: 3,327 ✭✭✭Merch


    I believe the seller is meant to write it up and sign, then get the buyer to sign and then send it off on behalf of the buyer.
    As I was on one occasion a buyer and was waiting on the log book for a long time, I would now for the buyer and sellers peace of mind, write it up and get it signed by both people, put it in the post in front of both.

    From the buyers perspective, once people get the money they can get lazy or maybe even worse, conveniently forget they sold it.

    From the sellers perspective, the buyer may not send off the document and then rack up a load of parking/toll/driving offences.


    I would also look for I.D. and at least one, possibly two very recent proofs of address, in case anything goes wrong. I'd suggest a bank account (not to look at the details, wouldnt show that myself) but to see the bank name and address and a utility bill.
    I'd likely only exchange a draft over the counter or take cash, ie if you watch them draw it down, then take it off them and lodge it, or better still ask the bank you intend to lodge the money what is the safest way to transact?


  • Closed Accounts Posts: 12,078 ✭✭✭✭LordSutch


    I suppose a cash sale is unheard of these days?

    I can't imagne the buyer actually handing over several grand in notes!


  • Closed Accounts Posts: 5,857 ✭✭✭professore


    LordSutch wrote: »
    I suppose a cash sale is unheard of these days?

    I can't imagne the buyer actually handing over several grand in notes!

    Not at all. Very common - of course bring at least one person with you with the cash. As a previous poster said if you sign the doc and send them off after getting the cash, no worries.

    I'd be very dubious about a bank draft.


  • Closed Accounts Posts: 3,327 ✭✭✭Merch


    LordSutch wrote: »
    I suppose a cash sale is unheard of these days?

    I can't imagne the buyer actually handing over several grand in notes!

    I dont know, depends on the value really, as a buyer or seller Id be concerned about taking a large wad of cash with me/off someone, but it easier (should be) to tell from a fake then say for a draft. I only have bought quite cheap cars except new once.
    professore wrote: »
    Not at all. Very common - of course bring at least one person with you with the cash. As a previous poster said if you sign the doc and send them off after getting the cash, no worries.

    I'd be very dubious about a bank draft.

    The best thing would to arrange the sale, I think anyway, is to pay a deposit, in cash and arrange to do the remaining cash deal at a mutual bank or go with them as the draft is written up at their bank, as a buyer Id offer the seller that peace of mind, so Id expect it myself really.
    The larger the value the more concerned Id be about doing things to the letter.


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  • Banned (with Prison Access) Posts: 4,991 ✭✭✭mathepac


    I wrote this Key Post on askaboutmoney.com almost 3 years ago. It's probably relevant. - http://www.askaboutmoney.com/showthread.php?t=120880


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    LordSutch wrote: »
    As a private seller, do I send the change of ownership document off in the post on behalf of the new owner?
    Merch wrote: »
    I believe the seller is meant to write it up and sign, then get the buyer to sign and then send it off on behalf of the buyer.

    I think it's important that sellers understand you are not sending it on behalf of the buyer, you're sending it on behalf of yourself. The purpose of change of ownership declaration is to ensure the car is de-registered from your name and registered in the other driver's name so that you don't become legally liable for future offences committed by the other driver. You're not exactly doing the other driver a favour by saving him the price of a postage stamp, you're covering you own back against an unscrupulous buyer. It's a minor point but I think it's an important distinction to make if it prevents one seller getting caught out.


  • Closed Accounts Posts: 3,327 ✭✭✭Merch


    slimjimmc wrote: »
    I think it's important that sellers understand you are not sending it on behalf of the buyer, you're sending it on behalf of yourself. The purpose of change of ownership declaration is to ensure the car is de-registered from your name and registered in the other driver's name so that you don't become legally liable for future offences committed by the other driver. You're not exactly doing the other driver a favour by saving him the price of a postage stamp, you're covering you own back against an unscrupulous buyer. It's a minor point but I think it's an important distinction to make if it prevents one seller getting caught out.


    I agree the seller has to cover themself to ensure they are dereg'd but also
    the buyer has to cover themself that it is filled in correctly and sent.

    I'd consider it best for both people to see it go in the post box and it is in both their interests/on both their behalf.
    There are unscrupulous sellers and buyers


  • Closed Accounts Posts: 17,733 ✭✭✭✭corktina


    yes Id agree, I just sold a car and when the guy comes for it I intend we will walk to the postbox together with the document.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Merch wrote: »
    I agree the seller has to cover themself to ensure they are dereg'd but also
    the buyer has to cover themself that it is filled in correctly and sent.

    I'd consider it best for both people to see it go in the post box and it is in both their interests/on both their behalf.
    There are unscrupulous sellers and buyers

    Indeed, that's always a good idea.
    As the buyer has to sign the declaration I'm sure he would ensure his details are correct.
    Anyway, even if the details weren't correct and he (buyer) discovered no VLC forthcoming from Shannon he is not at any real risk (especially if he has a sales receipt), he can declare himself the registered owner separately ('registered owner' is different from 'Legal owner'). It's a bit more hassle as he would need to get a main dealer to verify the car's VIN but it's relatively easily done.


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  • Banned (with Prison Access) Posts: 16,620 ✭✭✭✭dr.fuzzenstein


    If you find yourself in Shannon, you could swing by the office and drop it in yourself!;)


  • Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    It's set out on back of the the registration cert. what you have to do on a change of owner.

    It's in the seller's interests to get the change of ownership registered as soon as possible after the sale so that the seller doesn't start getting speeding/parking tickets and/or M50 toll notices.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    LordSutch wrote: »
    As a private seller, do I send the change of ownership document off in the post on behalf of the new owner? or do I hand the ownership docu
    (log book in old speak) over to the person driving the car out of my driveway?

    It depends who are you selling the car to.

    If you are selling a car to an Irish resident, you do as described already - fill in new owner details, sign by both parties, and you send it to Department of Transport in Shannon. That's the vast majority of cases.

    However if you are selling a car for non-resident for export, you have to hand him your registration certificate. You don't need to fill in the last page, neither send anything. In that case it's very important though, that you both write a contract of sale stating that you (name, address, etc) are selling your car (make, model, reg. no, vin) to him (name, address, etc). This should be made in 2 copies (one for each party) and signed by both.
    This contract might protect you in case he commits any offenses in a car which in reality is still registered in your name. He might need this contract for purposes of registering this car in his home country.


  • Registered Users, Registered Users 2 Posts: 16,069 ✭✭✭✭CiniO


    LordSutch wrote: »
    I suppose a cash sale is unheard of these days?

    I can't imagne the buyer actually handing over several grand in notes!

    I never bought a car in a different way than by paying with cash.


  • Closed Accounts Posts: 12,078 ✭✭✭✭LordSutch


    CiniO wrote: »
    I never bought a car in a different way than by paying with cash.

    Wow, I just cant imagine counting several grand in used notes on the doorstep, I honestly thought that practice had died out years ago! anyway it doesn't matter now as the buyers have arranged for a bankers draft Tuesday next. I will then send off change of ownership document same day . .


  • Registered Users, Registered Users 2 Posts: 1,113 ✭✭✭Gavman84


    LordSutch wrote: »
    CiniO wrote: »
    I never bought a car in a different way than by paying with cash.

    Wow, I just cant imagine counting several grand in used notes on the doorstep, I honestly thought that practice had died out years ago! anyway it doesn't matter now as the buyers have arranged for a bankers draft Tuesday next. I will then send off change of ownership document same day . .
    just wondering I'm selling car at moment and if buyer wants to pay with bank draft how do i work it best? do i take draft and wait few days till it clears or what as don't want to hand over car before it clears. but then the buyer might not want to pay before getting keys then too? could we do an online transfer?
    thanks


  • Registered Users, Registered Users 2 Posts: 22,815 ✭✭✭✭Anan1


    Gavman84 wrote: »
    just wondering I'm selling car at moment and if buyer wants to pay with bank draft how do i work it best? do i take draft and wait few days till it clears or what as don't want to hand over car before it clears. but then the buyer might not want to pay before getting keys then too? could we do an online transfer?
    thanks
    You can ring the bank who issued the draft and verify that it's genuine.


  • Registered Users, Registered Users 2 Posts: 1,113 ✭✭✭Gavman84


    Anan1 wrote: »
    Gavman84 wrote: »
    just wondering I'm selling car at moment and if buyer wants to pay with bank draft how do i work it best? do i take draft and wait few days till it clears or what as don't want to hand over car before it clears. but then the buyer might not want to pay before getting keys then too? could we do an online transfer?
    thanks
    You can ring the bank who issued the draft and verify that it's genuine.
    Thanks anan for that ill do that so i guess. but could the buyer not cancel it too after taking car is more the worry


  • Registered Users, Registered Users 2 Posts: 23,903 ✭✭✭✭ted1


    meet in bank car park, or take test drive to a bank, get cash, lodge cash, sign form.


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