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Old 27th January 2023, 12:35   #76
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

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Originally Posted by Aviator_guy View Post
Could you please elaborate what's this document and where to get it from?
The Delivery Note is usually bundled along with the RTO Form 29 and 30 documents. It can be found at your local RTO or can be arranged via an agent. I believe driving schools also distribute the form.

This form is meant to stay with the seller of the vehicle and has to be signed by the buyer/ the person taking delivery on their behalf on the delivery day of the vehicle only. It hence acts as a safety measure and proof to safeguard the seller if the car is not transferred in time and gets caught up in some untoward incident.

If a vehicle is bought via a dealer or agent, there also exists a portion for their name and sign.

Attaching a pic for reference :
Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!-picsart_230127_122635874.jpg
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Old 31st January 2023, 17:33   #77
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

This is the reason why I have decided to never sell my car to a random dealer or any online services like cars24, spinny etc.

I am ready to take a hit in value but I would rather take the effort to find one individual buyer and sell it off only after I have submitted the transfer application to the RTO, assured that the car will be transferred and a new RC will be dispatched in a few days.

Coming to this, I do not see this as a scam. In fact, you should thank your stars that there was no injury involved.

Now would be a good time to get the RC of the vehicle back. Talk to your insurance company and take ownership of whatever remains of your car. If person B wants the money, make sure he DOES transfer the car to his name and then give him the sum, or else you take the money and scrap your car, making sure it does not exist on paper anymore.
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Old 31st January 2023, 17:46   #78
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

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Originally Posted by condor View Post
What happens if:

A car owner sells a car, and cancels the insurance in say 1 month of sale (buyer is told upfront about this - and this time is given to allow the buyer to get the car transferred)

IF the buyer does not get the transfer done in that time, can he get new insurance in previous owners name, without getting previous owner involved ?

If the buyer does not get RC Transferred and does not get insurance as in previous point - what happens if there is a mis-hap ? Does the owner/seller become liable ?
1. Depends on the renewal system. First two renewals I had no OTP/verification checks, but in the third one I was sent an OTP on my mobile number. Currently I believe it is not possible with any of the insurance providers (not the shady ones).

2. For all legal purposes, the owner is still liable for any legal complexities in case of an accident/mishap as you put it (any undertaking signed for the same doesn't hold valid). This again depends on the state and the legal precedents in the jurisdiction where the legal matters are being tried.
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Old 1st February 2023, 08:42   #79
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

Even the delivery note is useless. You should have sent a copy of form tcr to your rto along with the sale paperwork as registered a/d to be absolved from any liability after car sale.

https://transport.maharashtra.gov.in...R/form_tcr.pdf
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Old 1st February 2023, 09:28   #80
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

In the past, I have collected documents from buyer, and transferred ownership myself through an agent. I have also cancelled my insurance as soon as sale is done, this will force buyer to get a new instance in his name with documents (which he is supposed to do anyway).

Last edited by speedracer05 : 1st February 2023 at 09:32.
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Old 1st February 2023, 09:34   #81
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

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Originally Posted by clix22 View Post
Its was a VW Jetta AT Highline 2011, sold for 3.8. He has kept IDV as 8.xx. Seems more and more like insurance fraud.
Surveyors are not picked but assigned. There is a very slim chance that B being surveyors friend. This sounds like an insurance fraud to me. I'd avoid and as every other forum member has suggested inform insurance and let them absorb the losses.
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Old 2nd February 2023, 07:34   #82
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

My sincere advice - Don't sign anything and get in any mess. Say no to both A and B, let them take a hit for the car cost, it will be a valuable lesson for them. Recently we had a similar case for a Honda City financed by our bank. The car met an accident resulting in death of a pedestrian. Owner had sold the car 8 months back, but the ownership and insurance were not transferred, neither he had informed bank about the sale. Owner was picked up by the police, car was totalled. Since the car was hypothecated to bank, insurance company paid the amount back to bank.Owner had to spent nearly 10 lakhs to compensate the victim's family and get out of police mess.
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Old 6th February 2023, 09:59   #83
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

UPDATE :

So here has what happened in the past 10 days.

1. Post my Email to Bajaj, I got an Email back in 2 days saying the matter is being forwarded to be investigated.
2. I then got a registered post letter stating that post my information, they have noted the following (a) The vehicle was not present at the accident site for assessment (b) They have noted that the car has been sold previously (person A's name is mentioned) and that a claim was not made by me. Hence ,claim has been rejected.

Hopefully this will also flag the car in the system for future claims.

There has been no contact till now from either person A or B.
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Old 14th March 2023, 09:43   #84
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Re: Car sold to buyer who resells it without ownership transfer, now totalled. Advice needed!

By the way, did you initiate an ownership transfer now? There were no third party or personal injury involved, so no harm to you. But if the car is made road worthy by B and then he crashed it , or use it for illegal activities, you are still the owner.
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