Old car sold, new owner refusing to transfer ownership

Gandhi · 18th January 2010, 11:46

Hi BHPians,

I am posting this on behalf of my friend who is an avid reader of this forum but doesn't have a membership yet.

Posting in his own words -

I have sold my car three months back. Now, even after three months, the buyer has not transferred the ownership and has been giving excuses like no money, death in family, etc. I know as long as vehicle is on my name, I have legal liabilities. I want to get is transferred ASAP.

I have taken the delivery note, got a stamp paper signed (no notary though), collected his DL and PAN copies. But I know it has to get transferred.

I do not know what to do next. Do I have other way to tackle this situation? Today when I called him, he shamelessly replied - Do whatever you want to do, I am not transferring the ownership.

Please advice.

xingamazon · 18th January 2010, 11:59

Even I faced this situation when I did sell my bike to my local mechanic. I had no clue on what to do.

But I had to stick to doing nothing, as there was nothing in my power. But one thing that was suggested was to give a report to police station informing him that I have transferred my ownership. (This was to take a precaution in case if he made misuse of the vehicle) But of course me being lazy I did not do that.

asr245 · 18th January 2010, 12:03

Does he have a copy of the keys? If yes, drive it back some night. The car is still in his name. Or cant we register a complain with the cops regarding this? or maybe threaten him that if he doesn't get it transferred he will file a car stolen report with the police.

vikrantj · 18th January 2010, 12:07

There is a way out in this . The original owner (Transferer) who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner (Transferee) within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car. The seller must also take a delivery note signed by the buyer (Transferee).

The transfer form is called TCA or something check with you RTO office. You have to send this by registered AD and make sure you get the acknowledgement. And yeah keep the acknowledgement and delivery note from new owner close to your heart.

--- Vikrant

Dud_Dodo · 18th January 2010, 12:16

Frankly, you should be taking legal advice for this.

On a lighter note though, and to teach the person a lesson, file a FIR with the cops that the car is stolen. (I could be wrong here, but as far as I understand, wouldn't he be in a soup if your friend reports the car as stolen?)

ACM · 18th January 2010, 12:23

That is good news for you.

Tell the guy that you will have to report the car stolen in police station if he does not transfer the car to his name, and then if he still does not agree, go to the police, and tell them your problem they with themselves suggest that you register the car as stolen and they will then take car of the problem in their way.

nairrk · 18th January 2010, 12:26

Seems your friend has taken a long time to react on this.
As @vikrantj suggested, your frirend should have notified the sale of the car to the RTO office immediately with copy of sale letter/Delivery Note and the Transfer form.
The car is still under the ownership of your friend and ultimately he can be responsible for any accident or any other liabilities which can be caused by the new owner. Why dont you check with your RTO and see what action your friend can take now, to safeguard his interest in this deal?

aargee · 18th January 2010, 12:40

Quote:

Originally Posted by vikrantj

There is a way out in this . The original owner (Transferer) who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner (Transferee) within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car. The seller must also take a delivery note signed by the buyer (Transferee).

The transfer form is called TCA or something check with you RTO office. You have to send this by registered AD and make sure you get the acknowledgement. And yeah keep the acknowledgement and delivery note from new owner close to your heart.

--- Vikrant

Vikrant is right.
Since your friend has the proof of sale reciept, fill in form 29/30, attach the proof & submit it to local RTO. Your friend will be safe. Link - Transport Department# (click on Forums, scroll down & search for CMV-29 & CMV-30).

longhorn · 18th January 2010, 14:15

I thnk he should intimate the RTO immediately with registered A/D and also keep his insurance company informed not to renew the insurance as he has sold the vehicle.

Ramesh75 · 18th January 2010, 14:26

I have faced the same problem when I sold my Maruti 800. I have sent a registered post with acknowledgement slip to our local RTO (i.e. the car where registered) regarding the sale of my car and buyer address details. I am holding the acknowledgement for record.

Gandhi · 18th January 2010, 15:11

Thanks for all the replies.

Here's a follow-up question from my friend.

---
It turned out that the person who has signed the delivery note and sale agreement and taken the delivery of the vehicle, is giving the car to his friend (this is what I was told lately). In this case, can I still send the CMV-29 with the name and address of the person who took the vehicle delivery originally?

The delivery note (on a stamp paper) has his name and address, but for the Ownership transfer form - he insisted that the Name field be kept blank.

Would it not be problem while actually transferring the vehicle to person with different buyer name?

The buyer had promised to change ownership within 10 days and asked me not to worry about it. Now that three month time has passed during which I have been asking him almost every week to change ownership, would the RTO accept CMV-29 after 3 months of actual sale?

Furthermore, now buyer is complaining that engine has severe problem whereas when I delivered the car three months back, it was in perfect running condition and I was using it 30 KM/day, on daily basis.
---

sheetumanu · 18th January 2010, 15:33

@Gandhi:
I think your friend should bring in cops and/or RTO in the loop to get this sorted out. Is your friend in Bangalore?

mrkanitkar · 18th January 2010, 15:38

As long as your friend owns car legally, he can go to RTO and transfer it officially to new guys's name with proof (as provided by new buyer). Once car is transfered, he should update Insurance. Now, he can keep docs with him instead of giving to new buyer.
Anything will go wrong, new buyer will get caught automatically.

Ask your friend to become member for forum. If he needs help/advice he should be member instead of just reading forum.

nickatnite · 18th January 2010, 15:42

This is why we prefer to sell cars to known dealers rather than individuals even though we might get less money for the same. I hope your friend does the needful to protect himself from any liability.

pramodkumar · 18th January 2010, 15:58

Quote:

Originally Posted by Gandhi

Thanks for all the replies.

Here's a follow-up question from my friend.

---
It turned out that the person who has signed the delivery note and sale agreement and taken the delivery of the vehicle, is giving the car to his friend (this is what I was told lately). In this case, can I still send the CMV-29 with the name and address of the person who took the vehicle delivery originally?

The delivery note (on a stamp paper) has his name and address, but for the Ownership transfer form - he insisted that the Name field be kept blank.

Would it not be problem while actually transferring the vehicle to person with different buyer name?

The buyer had promised to change ownership within 10 days and asked me not to worry about it. Now that three month time has passed during which I have been asking him almost every week to change ownership, would the RTO accept CMV-29 after 3 months of actual sale?

Furthermore, now buyer is complaining that engine has severe problem whereas when I delivered the car three months back, it was in perfect running condition and I was using it 30 KM/day, on daily basis.
---

I strongly feel, now this guy is trying to extort money from your friend, Tell your friend to approach the nearest police station and tell them that he sold the car to someone and now he is not transfering the car and now he is saying that he needs a new sale note with no buyers name on it, tell the cops that you suspect that the car might be used for some terriorist activities and submit a copy of all the documents duly attested, Then take a copy of the complaint and leave a peaceful life. Since after doing all this its not your friends problem any longer.

Pramod

18th January 2010, 11:46	#1
Gandhi BHPian Join Date: Jul 2009 Location: Bay Area, CA Posts: 958 Thanked: 206 Times View My Garage	Old car sold, new owner refusing to transfer ownership Hi BHPians, I am posting this on behalf of my friend who is an avid reader of this forum but doesn't have a membership yet. Posting in his own words - I have sold my car three months back. Now, even after three months, the buyer has not transferred the ownership and has been giving excuses like no money, death in family, etc. I know as long as vehicle is on my name, I have legal liabilities. I want to get is transferred ASAP. I have taken the delivery note, got a stamp paper signed (no notary though), collected his DL and PAN copies. But I know it has to get transferred. I do not know what to do next. Do I have other way to tackle this situation? Today when I called him, he shamelessly replied - Do whatever you want to do, I am not transferring the ownership. Please advice.
	(1) Thanks

18th January 2010, 11:59	#2
xingamazon Senior - BHPian Join Date: Sep 2009 Location: Chennai Posts: 1,400 Thanked: 121 Times	Even I faced this situation when I did sell my bike to my local mechanic. I had no clue on what to do. But I had to stick to doing nothing, as there was nothing in my power. But one thing that was suggested was to give a report to police station informing him that I have transferred my ownership. (This was to take a precaution in case if he made misuse of the vehicle) But of course me being lazy I did not do that.
	(1) Thanks

18th January 2010, 12:03	#3
asr245 Senior - BHPian Join Date: Dec 2007 Location: Gurgaon Posts: 1,162 Thanked: 389 Times	Does he have a copy of the keys? If yes, drive it back some night. The car is still in his name. Or cant we register a complain with the cops regarding this? or maybe threaten him that if he doesn't get it transferred he will file a car stolen report with the police.
	(2) Thanks

18th January 2010, 12:07	#4
vikrantj BHPian Join Date: Jul 2009 Location: Pune Posts: 628 Thanked: 568 Times	There is a way out in this . The original owner (Transferer) who is selling the car, must inform the RTO with which the car was registered about this transfer, by sending a letter with information about the new owner (Transferee) within a period of 14 days. In case the new owner falls in jurisdiction of another RTO, then the owner has to inform that RTO by sending a similar letter. On receiving an acknowledgement of receipt of the letter from the RTO, the seller (Transferer) is indemnified of all legal, tax, traffic, criminal and other liabilities pertaining to the car. The seller must also take a delivery note signed by the buyer (Transferee). The transfer form is called TCA or something check with you RTO office. You have to send this by registered AD and make sure you get the acknowledgement. And yeah keep the acknowledgement and delivery note from new owner close to your heart. --- Vikrant
	(4) Thanks

18th January 2010, 12:16	#5
Dud_Dodo BHPian Join Date: Oct 2004 Location: Penang, Malaysia/Goa, India Posts: 115 Thanked: Once	Take Legal Advice Frankly, you should be taking legal advice for this. On a lighter note though, and to teach the person a lesson, file a FIR with the cops that the car is stolen. (I could be wrong here, but as far as I understand, wouldn't he be in a soup if your friend reports the car as stolen?)
	(1) Thanks

18th January 2010, 12:23	#6
ACM Distinguished - BHPian Join Date: Mar 2008 Location: Mumbai Posts: 4,745 Thanked: 4,361 Times View My Garage	That is good news for you. Tell the guy that you will have to report the car stolen in police station if he does not transfer the car to his name, and then if he still does not agree, go to the police, and tell them your problem they with themselves suggest that you register the car as stolen and they will then take car of the problem in their way. Last edited by suhaas307 : 18th March 2018 at 17:28. Reason: Fixing typo - do = go
	() Thanks

18th January 2010, 12:26	#7
nairrk Senior - BHPian Join Date: Sep 2009 Location: Kannur Posts: 2,441 Thanked: 674 Times View My Garage	Seems your friend has taken a long time to react on this. As @vikrantj suggested, your frirend should have notified the sale of the car to the RTO office immediately with copy of sale letter/Delivery Note and the Transfer form. The car is still under the ownership of your friend and ultimately he can be responsible for any accident or any other liabilities which can be caused by the new owner. Why dont you check with your RTO and see what action your friend can take now, to safeguard his interest in this deal?
	() Thanks

18th January 2010, 14:15	#9
longhorn Senior - BHPian Join Date: Nov 2009 Location: Chennai Posts: 1,524 Thanked: 1,559 Times View My Garage	I thnk he should intimate the RTO immediately with registered A/D and also keep his insurance company informed not to renew the insurance as he has sold the vehicle.
	() Thanks

18th January 2010, 14:26	#10
Ramesh75 BHPian Join Date: Dec 2007 Location: Chennai Posts: 54 Thanked: 2 Times	I have faced the same problem when I sold my Maruti 800. I have sent a registered post with acknowledgement slip to our local RTO (i.e. the car where registered) regarding the sale of my car and buyer address details. I am holding the acknowledgement for record.
	(2) Thanks

18th January 2010, 15:11	#11
Gandhi BHPian Join Date: Jul 2009 Location: Bay Area, CA Posts: 958 Thanked: 206 Times View My Garage	Thanks for all the replies. Here's a follow-up question from my friend. --- It turned out that the person who has signed the delivery note and sale agreement and taken the delivery of the vehicle, is giving the car to his friend (this is what I was told lately). In this case, can I still send the CMV-29 with the name and address of the person who took the vehicle delivery originally? The delivery note (on a stamp paper) has his name and address, but for the Ownership transfer form - he insisted that the Name field be kept blank. Would it not be problem while actually transferring the vehicle to person with different buyer name? The buyer had promised to change ownership within 10 days and asked me not to worry about it. Now that three month time has passed during which I have been asking him almost every week to change ownership, would the RTO accept CMV-29 after 3 months of actual sale? Furthermore, now buyer is complaining that engine has severe problem whereas when I delivered the car three months back, it was in perfect running condition and I was using it 30 KM/day, on daily basis. ---
	() Thanks

18th January 2010, 15:33	#12
sheetumanu BHPian Join Date: Oct 2009 Location: Noida Posts: 178 Thanked: 17 Times	@Gandhi: I think your friend should bring in cops and/or RTO in the loop to get this sorted out. Is your friend in Bangalore?
	() Thanks

18th January 2010, 15:38	#13
mrkanitkar BHPian Join Date: Aug 2007 Location: Pune Posts: 224 Thanked: 12 Times	As long as your friend owns car legally, he can go to RTO and transfer it officially to new guys's name with proof (as provided by new buyer). Once car is transfered, he should update Insurance. Now, he can keep docs with him instead of giving to new buyer. Anything will go wrong, new buyer will get caught automatically. Ask your friend to become member for forum. If he needs help/advice he should be member instead of just reading forum.
	() Thanks

18th January 2010, 15:42	#14
nickatnite Senior - BHPian Join Date: Jan 2006 Location: NYC/MAA Posts: 1,430 Thanked: 603 Times	This is why we prefer to sell cars to known dealers rather than individuals even though we might get less money for the same. I hope your friend does the needful to protect himself from any liability.
	() Thanks