Buying a deceased persons car..... the process?

JamBur · 08-02-2015 2:34pm #1

Hi Lads,
I bought a car off of a lad today, the previous owner was deceased and he was selling it on behalf of the family. He said the normal thing was to put deceased on the logbook and send it off to Shannon. However the citizens info website says there is some other paperwork involved.

What I have to hand is the logbook with my details, and the previous owner marked as deceased. Will this be acceptable?

goz83 · 08-02-2015 2:36pm

JamBur wrote: »

Hi Lads,
I bought a car off of a lad today, the previous owner was deceased and he was selling it on behalf of the family. He said the normal thing was to put deceased on the logbook and send it off to Shannon. However the citizens info website says there is some other paperwork involved.

What I have to hand is the logbook with my details, and the previous owner marked as deceased. Will this be acceptable?

Couldn't the next of kin sign it and treat it as a normal sale?

JamBur · 08-02-2015 2:38pm

I should have done that, but the seller said to mark "deceased" where the seller signs

goz83 · 08-02-2015 3:29pm

JamBur wrote: »

I should have done that, but the seller said to mark "deceased" where the seller signs

If your lucky, you can write "deceased" in fancy writing and it might pass as a signature

Atlantic Dawn · 08-02-2015 4:15pm

Is the seller the executor? If not it could get messy if will is contested or they don't have permission to sell it.

Dia1988 · 08-02-2015 4:23pm

goz83 wrote: »

If your lucky, you can write "deceased" in fancy writing and it might pass as a signature

You could also look up at the sky and ask God to sign it?

But, wait until tomorrow because as God said himself, Sunday is a day of rest!

ironclaw · 08-02-2015 4:49pm

Upon death your assets become the temporary charge of the executor to divide as detailed in the will. Critically, they have to settle all your affairs and outstanding debts before they can divide the rest. It can take months to do so depending on the estate and it has to all be signed off by a solicitor. Its not a week long thing, it could take a year or more.

Unless they were the executor and you have that in writing, I'd be double checking the legal stance of the car. Having a logbook means nothing if the car was sold by someone without the authority to do so and certainly writing 'deceased' on the logbook is not correct. It would most likely be transferred into the name of the party who inherited it or had the authority to sell it (i.e. 'the estate of', or the executor) and they would sign it. Its complicated.

ION08 · 08-02-2015 5:14pm

Wow. Talk about uneccessarily complicating matters. Could the family member not just have signed it on behalf of the deceased owner and be done with it :rolleyes:

Simple straightforward sale.

Kristopherus · 08-02-2015 5:17pm

ION08 wrote: »

Wow. Talk about uneccessarily complicating matters. Could the family member not just have signed it on behalf of the deceased owner and be done with it :rolleyes:

Simple straightforward sale.

Absolutely !!!! Shannon have no way of knowing if the seller is dead or alive.

my3cents · 08-02-2015 5:19pm

ION08 wrote: »

Wow. Talk about uneccessarily complicating matters. Could the family member not just have signed it on behalf of the deceased owner and be done with it :rolleyes:

Simple straightforward sale.

Maybe they didn't have permission to sell it and didn't want their name on the papers :rolleyes:

Atlantic Dawn · 08-02-2015 5:20pm

ION08 wrote: »

Wow. Talk about uneccessarily complicating matters. Could the family member not just have signed it on behalf of the deceased owner and be done with it :rolleyes:

Simple straightforward sale.

Yes fine for the exchange but what if the proceeds don't go to those in the will and there's a dispute, car then gets seized as stolen property, new owner loses car.

08-02-2015 5:22pm

Kristopherus wrote: »

Absolutely !!!! Shannon have no way of knowing if the seller is dead or alive.

It will be interesting to know if they let through the paperwork in shannon.

I bought a tractor a few years back off a dealer who eventually got me the logbook . Owner had died some years previous, his son traded the tractor.
I filled out the paperwork and signed it myself with no problems,

ION08 · 08-02-2015 5:25pm

my3cents wrote: »

Maybe they didn't have permission to sell it and didn't want their name on the papers :rolleyes:

I didnt mean sign their actual name just sign the name of the deceased owner.

Even an illegible squiggle will do!

As for writing "deceased" instead of a signature - what on earth will that achieve? As if it affords them some legal protection or something

Kristopherus · 08-02-2015 5:28pm

Atlantic Dawn wrote: »

Yes fine for the exchange but what if the proceeds don't go to those in the will and there's a dispute, car then gets seized as stolen property, new owner loses car.

New owner can get his/her dosh back and if not , they could slap a claim in against the will, which at worst would hold up things for ages.

spurious · 08-02-2015 5:28pm

My first car was sold by its owner's widow.
She put 'Estate of the late Joe Bloggs' on the logbook and signed it.
I had no problems.

my3cents · 08-02-2015 5:28pm

OP what was the car and how much was it?

If it was an old car with little value then I don't see any massive problem but if it was only a couple of years old and high value then ownership might be disputed.

JamBur · 08-02-2015 6:11pm

A 05 Mazda 3 for 3100 yoyos. I drafted up a letter stating that owner was deceased, and it was sold to me, it was signed by his wife

pixbyjohn · 08-02-2015 6:15pm

The seller is the person who sends the logbook to Shannon, NOT the buyer

ironclaw · 08-02-2015 6:36pm

ION08 wrote: »

Wow. Talk about uneccessarily complicating matters. Could the family member not just have signed it on behalf of the deceased owner and be done with it :rolleyes:

Simple straightforward sale.

Not really. Say it was a disputed will or someone in the family thought they were being shafted. Its why there is a process of waiting, settling debts etc and sorting out paperwork. Its the same for all property including land. Granted in this case its a €3k car but imagine it was legally left to you but an underhand sibling sold it down the road and pocketed the cash. Leaves everyone in a right mess and its effectively dealing in stolen property in the eyes of the law. You must lawfully own something to sell it.

Henry Ford III · 08-02-2015 6:39pm

JamBur wrote: »

A 05 Mazda 3 for 3100 yoyos. I drafted up a letter stating that owner was deceased, and it was sold to me, it was signed by his wife

That assumes his wife owned and was entitled to sell the car though.

That's not always the case.

JamBur · 08-02-2015 8:14pm

All depends on what Shannon do now

Atlantic Dawn · 08-02-2015 8:32pm

JamBur wrote: »

All depends on what Shannon do now

They will issue it no problem.

bulleyes · 08-02-2015 8:37pm

I was in the same boat about 8 years ago and rang shannon. Was told to write deceased where the sellers signature should go, no extra forms etc.

No problems whatsoever, log book back without delay and in my name.

JamBur · 08-02-2015 9:07pm

Thanks lads, always good to hear that bit of reassurance

goz83 · 08-02-2015 11:02pm

Dia1988 wrote: »

You could also look up at the sky and ask God to sign it?

But, wait until tomorrow because as God said himself, Sunday is a day of rest!

And the point of your pointless post was......?

pixbyjohn wrote: »

The seller is the person who sends the logbook to Shannon, NOT the buyer

The seller should, but it doesn't matter as long as its sent. Most of the time when i buy a car, i take the logbook and send it myself. Too many sellers are lazy and forget to send it off for a while.

my3cents · 08-02-2015 11:06pm

goz83 wrote: »

And the point of your pointless post was......?

The seller should, but it doesn't matter as long as its sent. Most of the time when i buy a car, i take the logbook and send it myself. Too many sellers are lazy and forget to send it off for a while.

Always take an envelope and post it with the seller after its been signed so everyone can see there is no messing.

goz83 · 08-02-2015 11:25pm

my3cents wrote: »

Always take an envelope and post it with the seller after its been signed so everyone can see there is no messing.

Good advice. I still prefer to take the logbook, especially if i'm selling the car on after fixing it.

I'm not a wheeler dealer, but an enthusiast of a certain car. I have saved a few from the scrap yard. Adding another name to the logbook isn't preferred and sometimes it takes weeks to get the logbook from shannon, which delays a resale or nct booking, after work has been done.

Buying a deceased persons car..... the process?

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