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Old 23rd September 2008, 18:07   #1
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Angry Need Advice - Car sold but not transferred

Hi
Please advice on what my options are.
I have sold my car to a person who was referred by a garage. This was 15 days ago and till now he has not transferred the car. He says that he has submitted the papers but the RTO is takign time and is giving new excuses everyday. Now he has stopped receiving my phone calls.

I did check with him if he is a broker or buying the car for himself and he said that he wanted to purchase the car for himself. Now I am getting doubts.

I have even asked for the car to be given back and the deal cancelled.

I believe that RTO has stopped considering simple letters about transfer of ownership.

Help. What can I do. I have the delivery note with me.
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Old 23rd September 2008, 18:11   #2
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Threaten him that if he does not transfer the car, you will report it as stolen . Just my opinion.

Also get hold of the garage guys and go meet him in person. Do not give up on transferring the car.

Last edited by hemanthisgreat : 23rd September 2008 at 18:12.
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Old 23rd September 2008, 18:13   #3
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Would a police complain for theft work in such a case?
The car is still registered in your name, and legally belongs to you only.
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Old 23rd September 2008, 18:18   #4
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Quote:
Originally Posted by alpha1 View Post
Would a police complain for theft work in such a case?
The car is still registered in your name, and legally belongs to you only.
And that is exactly what is scaring the living daylights out of me. What if he is involved in an accident or something more serious. The car is still in my name.

I thought of giving a letter to the RTO, but was informed these letters don't work or hold any kind of value anymore in such cases.

I wonder how strong a proof of sale is the Delivery Note if an incident happens and I am blamed based on the last ownership records.
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Old 23rd September 2008, 18:24   #5
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Quote:
Originally Posted by RAC View Post
And that is exactly what is scaring the living daylights out of me. What if he is involved in an accident or something more serious. The car is still in my name.
Thats the reason i suggested scaring him with the theft complaint to get it transferred, if he does not budge, you may have to report it to the police to atleast be on the safer side if anything untoward happens.
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Old 23rd September 2008, 18:31   #6
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Quote:
Originally Posted by RAC View Post
...
I thought of giving a letter to the RTO, but was informed these letters don't work or hold any kind of value anymore in such cases.

I wonder how strong a proof of sale is the Delivery Note if an incident happens and I am blamed based on the last ownership records.
If I were you, I'd photocopy the delivery note and send it to the RTO with a covering letter giving the basic details of the sale and the "other" guy's name & address details. I'd send these by registered post to the RTO and keep the acknowledgment slip safe. This may not amount to much at the RTO (and it may too), but it will show that you have shown due diligence in trying to get the sale registered (in case some issue comes up later).

If you want to be really safe, maybe a copy of the same should be sent by registered post to your local police station too.

Do you have any document related to the guy you sold the vehicle to? Like a copy of his DL/Voter's ID etc? I always collect these documents while making a sale of a vehicle. If you have these, enclose copies in the letter (to the RTO).

Last edited by hydrashok : 23rd September 2008 at 18:32.
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Old 23rd September 2008, 18:37   #7
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Make a written statement to the local cop station giving all particulars including the contact numbers of the person who bought it. Please include a certified copy of your delivery note along with it (get it attested by the highest official you can find !!) . Clearly mention that the person who has bought it is avoiding getting it registered and is now avoiding attempts to contact him as well. And that given the troubled times we live in, as a matter of abundant caution you are bringing this to their notice. Ask them to enter it in their GD and request for a 'GD' entry number.

That might be enough. (Ask a competent lawyer just to make sure!)

Going forward it might make sense to click a surreptitious photo or two of the person buying the car - just for some added ammo!!

EDIT: Oh Hydra -- So Tru, Sooo Tru. This idea about collecting the DL etc makes wonderful sense - I must remember that!

Last edited by kb100 : 23rd September 2008 at 18:42.
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Old 23rd September 2008, 18:47   #8
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Quote:
Originally Posted by RAC View Post

Help. What can I do. I have the delivery note with me.

The delivery note is all that you need, hope it is dated & timed too. Don't worry about a thing.
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Old 23rd September 2008, 19:02   #9
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Originally Posted by esteem_lover View Post
The delivery note is all that you need, hope it is dated & timed too. Don't worry about a thing.
Just my guess that this should suffice.
I sold my car to Maruti true value, and they just gave me a delivery note with a clause that they would be responsible for all maintenance, sale, accident, misuse of the vehicle.
Also I took payment through cheque from true value, so that holds as another proof that I actually sold my car.
After that I never bothered.
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Old 23rd September 2008, 19:22   #10
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Not just the brokers, even individuals, doesn't change the name in RC book to avoid a low re sale value.

I know a situation at Bangalore Indiranagar Polica station where 6 people were brought by police for a hit and run case, where a pedestrian killed, an eye witness provided Reg. No. so police traced the owner(s). 1st person sold his scooter 11 years back to his friend (2nd),....6th person sold to 7th person, who did the hit and run but not traceble.But the scoot er still in the name of 1st owner. Now, Police says bring the 7th person, then i'll let you all go home.

When i sell my car, I'll make the free Transfer of ownership. In current situation, don't want to go behind the bars with Tada, Pota or something new.
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Old 23rd September 2008, 21:01   #11
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IMHO the delivery note is sufficient as long as it is dated and timed as E_L put it.
Your worst fear of an accident being caused by the buyer was experienced first hand by my brother when he sold his bike aeons ago, the cops landed up at my house one evening, I was asked to get my brother who was not residing with us anymore.
Then he had to produce the Delivery Note and also show the buyer's house to the police.
Apparently the buyer's son, a college student had fatally knocked down a pedestrian
and vanished.
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Old 23rd September 2008, 22:09   #12
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Quote:
Originally Posted by Lukeskywalker View Post
IMHO the delivery note is sufficient as long as it is dated and timed as E_L put it.
Your worst fear of an accident being caused by the buyer was experienced first hand by my brother when he sold his bike aeons ago, the cops landed up at my house one evening, I was asked to get my brother who was not residing with us anymore.
Then he had to produce the Delivery Note and also show the buyer's house to the police.
Apparently the buyer's son, a college student had fatally knocked down a pedestrian
and vanished.
I had to spend half the night searching for the delivery note and when I landed at the police station the next morning with the delivery note, the police inspector refused to accept the delivery note as proof of sale.

He said " as per our records you are the owner , either show us the new owner or we will take action against you "

Not a pleasant experience, luckily was able to take the cops to the new owner with the help of the mechanic who was the mediator in the sale.

An advocate friend of mine suggested that the procedure to intimate the RTO is to send a covering letter along with a photocopy of the delivery note through registered post acknowledgement due.

best regards

Vaseem
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Old 23rd September 2008, 22:32   #13
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Quote:
Originally Posted by hydrashok View Post
If I were you, I'd photocopy the delivery note and send it to the RTO with a covering letter giving the basic details of the sale and the "other" guy's name & address details. I'd send these by registered post to the RTO and keep the acknowledgment slip safe. This may not amount to much at the RTO (and it may too), but it will show that you have shown due diligence in trying to get the sale registered (in case some issue comes up later).

If you want to be really safe, maybe a copy of the same should be sent by registered post to your local police station too.

Do you have any document related to the guy you sold the vehicle to? Like a copy of his DL/Voter's ID etc? I always collect these documents while making a sale of a vehicle. If you have these, enclose copies in the letter (to the RTO).
Even though I have been told that this is of no use anymore, I am still planning to send the letter along with the photocopy of delivery note.

I wish it had struck me to collect the buyers ID.

Now this is a perfect material for a post under Team-Bhp Advice section - Process/checklist when you are selling your vehicle

Quote:
Originally Posted by kb100 View Post

That might be enough. (Ask a competent lawyer just to make sure!)
Not a problem. That's my wife :-)

Quote:
Originally Posted by esteem_lover View Post
The delivery note is all that you need, hope it is dated & timed too. Don't worry about a thing.
Quote:
Originally Posted by sriturl View Post
Just my guess that this should suffice.
I sold my car to Maruti true value, and they just gave me a delivery note with a clause that they would be responsible for all maintenance, sale, accident, misuse of the vehicle.
Also I took payment through cheque from true value, so that holds as another proof that I actually sold my car.
After that I never bothered.
I sure hope that delivery note should be of use.
Till then, bombarding the buyer with SMSes and calls. Hoping he may get fed up of me and finish the work.
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Old 23rd September 2008, 22:53   #14
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A delivery note (RTO prescribed form) duly filled in with date and time along with some proof of identity of the buyer , is more than enough for the seller.

As an additional precaution, write a letter to local RTO along with delivery note copy.
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Old 24th September 2008, 09:03   #15
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Just relax and sit back, as you have the delivery note with you, need not have to worry about a thing, any issues/accident for that car from the day/time of the delivery will be borne by the purchaser. Even incase anybody comes to you about any problem. Just show them the delivery note.
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