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No car ownership docs so who would be liable if?

  • 02-11-2007 10:54am
    #1
    --amadeus--
    Closed Accounts Posts: 5,096 ✭✭✭


    Hiya,

    I know that legal ownership of goods occurs when the goods are paid for but is there a complicating factor in the case of a car where the registration documents don't follow?

    For example lets assume that a car was bought several months ago and that the change of registration was misplaced by the garage. After several months the tax expires but the new legal owner (who paid for teh car) cannot re-tax it as they don't own it.

    If the car was stopped by the Gardai does teh owner have a defence? Could teh garage (or vehicle registration office) be held liable? What about parking fines as well?

    Looking forward to your answers (and this is all hypothetical, though based on real events)


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Registration is not proof of ownership. It is possible to register as owner by swearing an affidavit if the garage is dragging its heels. If the tax runs out the owner should not drive the car till it is sorted out. It will be a defence to the parking fines to show that the car was sold leaving it to the guards to summons the new owner.


  • #3
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭Our man in Havana


    I often wondered how the banks managed to sell repo'd cars without the log books.


  • #4
    bcmf
    Closed Accounts Posts: 6,679 ✭✭✭bcmf


    If this is the case go to your local Garda station BEFORE the tax runs out and explain the whole situation to them.Ay least if your are stopped by the Gardai you can explain that you went to the local Gardai etc etc etc....


  • #5
    Victor
    Registered Users, Registered Users 2 Posts: 78,491 ✭✭✭✭Victor


    --amadeus-- wrote: »
    For example lets assume that a car was bought several months ago and that the change of registration was misplaced by the garage. After several months the tax expires but the new legal owner (who paid for teh car) cannot re-tax it as they don't own it.
    To leave it several months would be negligent. There are forms available for registering and taxing a vehicle in such a situation.


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