[asit.kulkarni93]

Mistake 1- Handing over both the NOC and RC.
Mistake 2- Giving in when he said about the repairs
Mistake 3- Not taking a PDC.

It's a used car, things can go wrong. If he had gotten the car checked then there was no need for you to pay for the repairs later. Secondly, if you have issued the NOC on his name and handed that over to him then there is nothing much you can do. Speak to him properly and tell him to pay up. If you haven't issued the NOC, tell him you are reporting the car stolen.

[Bibendum90949]

Originally Posted by kkunal.shah

He kept 25% balance saying that the amount will be paid after the transfer of ownership, i agreed as he seemed to be a decent guy.

There are far too many "decent" guys out there. One should not be so decent with them. That's the only way. Hope you get out of this mess soon enough. More than the remaining amount he owes you, you should be more worried about the dilly-dallying he does with the ownership transfer.

[wrongturn]

Wow! I thought stories like these were just mythical folklore.
I recently accompanied a friend on his search for a pre-owned Activa. He saw an ad on OLX we went on to inspect and everything was looking good. Seller however said that we have to pay the full selling price upfront, then he would sign the Sale Forms, then once we get the registration transferred we can take away the Activa. All this for a simple Activa worth ₹25K.
We had our own concerns and the deal didn't work out, went to check another and there too the transfer of ownership was the main matter of discussion not the price. But thankfully it went well and we bought and brought the Activa back with us. Next day the seller duly reminded us to get it transferred asap, and so my friend obliged and went to RTO very next day keeping our end of the promise.

How can someone give away the car with all the related documents including the signed sale forms and trust a stranger with 25% of the deal price is simply something I cannot fathom. And, agreeing to pay ₹15K still out of ₹30K of the repairs the buyer solely liable to pay is the cherry on the cake.

Don't get bullied by your 'Decent' guy any longer, put pressure and stay firm for your demand of the rest of 25%, don't pay for the repairs. I assume you wouldn't have put a date on the sale form either that means he is in no hurry to get the transfer done.


Did you get anything in written about the sale of the vehicle, agreed amount, amount to be paid later and other T&C? People generally get that done on a prescribed format on a ₹500 Stamp paper. If not, how are you going to prove that he still has to pay you 25% of the supposed agreed price?

[ani_meher]

People sell their vehicles to portals to avoid any irritations while selling the vehicle to an unknown third party. In fact this is how they justify the lower selling value for these portals. I find it bit bewildering that one would prefer risk of a far out of city individual for no additional gain!

All the best for your predicament. You are not responsible for anything in the car post sale, you shouldn’t have agreed to repairs. Rest is better addressed by other posts.

Nowadays, you can apply for online transfer for RC, which can be very helpful in avoiding any later risk of buyer not transferring vehicle in his name.

[no_fear]

Something doesn't add up. You sold a car to someone and you agreed to let him keep 25% and on top the person had to take the vehicle for inspection and cited 30k for repairs. Did you not tell the person what repairs were needed in the first place?

And why did you agree to split Rs 15k. If you wilfully sold a car that has defects without telling the buyer and the person had to spend money on fixing the car, then sorry, you are liable in this case and I don't think you will get back your share.

Obviously there are 2 sides to the coin.

[R_Gowardhan]

If I were in your place, my utmost priority would be to get the car back from a dubious man. Go to all lengths to get the car back and pay the person back whatever he has paid you. Assuming that the car is still in your name, your first step should be to ask the guy to return the car and signed forms to you and return him the money online at the time of exchange. Once you get the car back, immediately drive to Cars24 / any other dealer and sell it. Get a Delivery note and seller protection cover. Go home and sleep well.

99% chances are that he will not give the car back. Once he denies the offer, then proceed with all other legal remedies available. From what it looks like, he is a dealer and has done this multiple times before. Car classifieds on online apps are unfortunately filled with mostly dealers & brokers trying to portray themselves as end buyers/sellers. Go to his profile and check the ads posted by him and his followers/following profiles. You should be able to decipher a lot about him from there.

Also, share his olx profile, relevant conversation screenshots & contact details here. Conversely, share the link to this post to him and screenhots where members have suggested you to report the car as stolen.

[puntOOs]

Originally Posted by kkunal.shah

any suggestions on how I can take this to closure by getting my money as well as affecting the transfer.

I recently sold my car to an individual and bought another used car. In both cases full payment was a prerequisite for handing over the car.

You already settled for only Rs. 15,000 as balance. My advice is: be prepared to lose this amount. Legal route would mean a lot more of your time and money to be spent. Treat it as fees paid for a life lesson and move on.

Appeal to his humanity and see if he pays but otherwise leave it.

[shubham7799]

Originally Posted by kkunal.shah

Now my question is the transfer of ownership has to be initiated by him at his local RTO, i have completed all the formalities from my end & why should i hold any further.

So, a car owned by someone staying in Mumbai (going by the location of the OT) is sold to someone, who is unknown to the buyer, staying near Nashik, for a payment of less than the agreed price and the handover process takes place in Pune, the places that are mutually 150 km or more apart from each other. Furthermore, the seller agrees to bear half the cost of the repairs, that have been quoted suo moto by the buyer.

You are far too decent (and gullible) than the buyer

One thing that can help here is that if you signed the documents, the forms and the agreement, with date being filled on the forms. The forms need to be deposited in the RTO within 14 days for intrastate transfers, a time frame that ended long ago. If he is not a crook, he might contact you. That, to me, looks likes the only saving grace.

As other's have already suggested, a bold stance and strong words (including threats of legal action in Mumbai courts and police complaints) may help build some pressure on him, however, this incident is more likely going to be only a life-lesson for all of us.

In any case, a person unknown to you is using your car in a different city maybe for whatever purposes since the last 4 months, so hurry up with whatever that can be done. The ownership transfer is far more important than whatever amount he owes you.

Good Luck!

[haria]

Originally Posted by kkunal.shah

Hi,
....but meanwhile, someone approached me through OLX & offered almost the same amount, I was somehow comfortable handing the car to someone i interact with & hence went ahead with the sale.

Oh boy! Tough luck that.

Hope you get the balance amount, though the chances are not that bright.


Buying/selling from OLX is a pain these days - especially vehicles... you will have to be very very careful. There are so many scammers that it is always needed to be extremely paranoid.

No way, should one accept any part payment OR even a token advance amount.. Pay in full & in one single shot

If possible, get a DD/Bankers Chq for the amount - Avoid cash and absolutely no personal cheques

If online transfer, it is a good practice NOT to give your primary/salary bank a/c details. Give an account which does not have much funds or which you sparingly use.

Ideally never meet for test drive/checking the vehicle at your residence or your work place. Identify a place/landmark nearby and ask the prospective buyer to come there.

Never, never allow the person to test drive the vehicle by himself/herself. You or one of your person should be there in the vehicle at all times. One of my friend's relative had a bad experience with one prospective buyer scooting off with the car. Even though he got back the car after a week or so (it was abandoned at a parking lot), it was a royal mess + plus some accessories were stolen.

Have a photocopy of the car's papers (with a watermark preferably) and give it to him/her for their perusal. Never give the original documents unless and until the deal is finalized and the payment is made.

Once the vehicle is sold, write/email to the insurance provider (in their official address) that the vehicle is sold and also attach the copy of NOC letter. If you have no claim bonus in your policy, that credit can be used by you while buying a new car.


These are some things which one can do to minimize the risk of getting scammed during these process

[RGK]

Very Sorry to hear. Do constant follow-ups with the buyer and try to get the balance. The legal route may delay things and seems not worth trying.


This is the standard procedure (simplified) to sell a vehicle.

1. Get a full confirmation from the buyer on the acceptance of the present condition of the vehicle. Do not give any promises (eg: Will give a better spare tyre., original invoice., car cover., etc.,).
2. Mutually accept the final price and the advance. Give a stamped receipt for the advance and mention the final date of payment and delivery of the vehicle (maximum 1 week).
3. Do not drive the vehicle after that. Keep it clean and never ever try to swap/replace spares or any accessories.
4. Arrange to get the TO forms (Form 29 & Form 30). If the owner of the car is a company or partnership firm, have all the name seals and signatures in place.
5. Remind the buyer one day before and confirmation on time (preferably in the morning) on the delivery date.
6. If the final payment is through bank transfer then complete it. In case of a cash sale, get the balance amount and give the following original documents.

• RC Book
• Insurance Certificate
• TO Forms duly signed
• Pollution Certificate
• Warranty card of battery & accessories ( if applicable)

7. Get the delivery note duly signed by the buyer along with his/her address and aadhar photostat copy. Do not forget to mention the time period (maximum one month) for transfer of ownership.

Note: If the car is hypothecated, then take the seller to the bank or private finance and ask him to directly pay the balance and get Form 35 from the bank and No Objection certificate.

[2000rpm]

Originally Posted by kkunal.shah

Hi,

any suggestions on how I can take this to closure by getting my money as well as affecting the transfer.

You need to call his bluff. Ask him to give you the car back and give him his money back. You can get the same price from Cars24.

You should have started a thread before handing over the car, people here would have definitely saved you this trouble. (I have benefited from the advice from fellow members on a lot of occasions).

In fact, I try to be clear on financial matters even when interacting with Team-BHPians. Just like Culture eats strategy for breakfast, financial disputes eat trust and friendship for lunch, dinner and snacks!!

Small amount for the larger learning I think, I made such mistakes in my early days of bike purchases.

[anjan_c2007]

A sorry state of affairs here. As everybody has pointed out the full papers should never ever be handed over until the deal is fully executed to the satisfaction of both the seller and the buyer.

The car you say was sold on 10/03/2021. The following points could be of help :-

- A FIR needs to be immediately filed with the police station under whose jurisdiction the car handing over was done. The main reason for the FIR should say that the car has not yet been transferred by the buyer since more than four months and that you are at risk with any untoward happening with this car like parking fines, traffic rule breaking fines and even criminal activity if engaged in by the owner or his accomplices (incl theft of the car by criminals but now with the buyer).

- The second reason in the FIR needs to mention the balance amount of Rs 30, 000 with compound interest of 12% payable since 10/03 and withholding the justifiably due amount with malafide intentions.

- This FIR will act as a saviour for you, in case there's any untoward event with the car.

- Before selling a car the money receipt handed over to a new owner is to be signed by both the buyer and seller and should specifically state that :-

" I name ____ aged ____ yrs s/o or d/o________ and resident of ___ (full address) the buyer have got the car (make and registration number) owned by _______s/o or d/o______. r/o______( full address) the seller / vendor thoroughly checked by a competent mechanic/garage and found it in satisfactory condition. Hereinafter, upon taking delivery I shall not hold the previous owner, presently the seller liable for any faults in the car whatsoever, for which the liability shall lie solely with me, the buyer.

- Also in this receipt it needs to be recorded that the buyer undertakes to transfer the car in his name immediately, and under any circumstances within a period of fifteen days from the date when the sale was executed.

These days its preferable to use a Rs 100/- stamp paper and get the sale paper signed by both the parties under solemn affirmation before a notary. Such a document is legally valid for any untoward incidents.

[Asoon]

Originally Posted by kkunal.shah

Hi,

I am seeking advice from forum members on my recent sale of my 2009 Ritz VXI. I had got the car evaluated through car24 & got a good quote but meanwhile, someone approached me through OLX & offered almost the same amount, I was somehow comfortable handing the car to someone i interact with & hence went ahead with the sale.

I handed over the car to the new buyer in Pune on 10th March 2021 (he stays near Nashik) on the day of handover i gave him the following:

1. Original RC
2. NOC from RTO for ownership change
3. All accessories that came with the car

He kept 25% balance saying that the amount will be paid after the transfer of ownership, i agreed as he seemed to be a decent guy. After a few days, he called & said that he took the car to his local mechanic who has quoted jobs worth Rs. 30000 which need to be done, he had inspected the car before & i did not agree to this amount being deducted from the balance but finally we settled it wherein i'll bear 15k with this the expectation was he should pay me the final amount but he has still not paid the balance amount & says this amount will be paid only after transfer of ownership.

Now my question is the transfer of ownership has to be initiated by him at his local RTO, i have completed all the formalities from my end & why should i hold any further.

any suggestions on how I can take this to closure by getting my money as well as affecting the transfer.

First
This is not the right way, if you are handing over original RC / Vehicle / NOC / Signed Form 29|30, then he is supposed to pay entire amount.

Price agreed upon is taking into factor current condition of vehicle, he should have done evaluation before transaction.
In used cars, the repair cost is loosely defined and can be mended for buyer advantage. Essential expenses (actual cost), good to have expense, expenses not at all required can inflate actual cost to multiple times.

It is clear that he is trying to take advantage, in this case

You can go legally if you have a sale receipt (as part of documentation), not sure if email / whatsapp communication will be accepted (get a legal opinion asap)

I would recommend you to file an FIR and share copy to your RTO his RTO office (figure out where he is going to get vehicle registered) to withheld registration process.

I have not seen these type of cases resulting in definite outcome in short time, you need to build pressure to get the pending amount.

[Amsdoc]

Very sorry to hear your issues.
I hate the used car selling process in India. It is so much better in the west. Here, you are liable for the car until it gets transferred to the new buyers name. Even after you hand over your documents and the car if the new buyer doesn't transfer onto his name (which lot of agents/used car dealerships don't) you are still liable for the car. The handover chit that comes with the transfer form is useless apparently. There are hundreds of cases/complaints online regarding this. Even the signed stamp paper is of limited use as per my understanding...and it involves court case etc which as GTO put is a huge pain.
Best way to go is to take the new buyer to RTO and get him to hand in the papers to RTO when you are there which then makes you free of the burden once and for all. When I sold my Duke the new buyer didn't transfer to his name for ages and I kept getting worried until he finally did.
As far as this case is concerned. It is the buyers responsibility to check the car before agreeing to buy it, not after. If you have agreed a price beforehand, you should take it all and not accept to split the repair bill. That is his problem not yours. As far as getting the money back, you just have to hope he does pay you back now after the transfer happens or you have to take it to court. Some legal threats may help, but I'm afraid, you have left yourself in a poor position here. I would just badger him repeatedly, if I was you!

[xway]

My thoughts are different than all others in multiple posts so far.

If the car has not been transferred, this implies it is still yours.

A single theft complaint with naming him as accused, and a visit by police to his residence should be enough to push him to finish the deal and pay up the dues.

Once he sees the tougher side of you, he will cough up.

Getting the car under his name is his risk more than yours, in the records the car is still yours and you have all right to get it back.