What should I do if the car is sold and the other party does not have the owner

You can inform the other party that if the transfer of ownership is not made in time, and there is no registration of the vehicle owner of the vehicle management office, then it is very difficult to prove that he is the actual owner, and it will be very difficult for the other party to carry out vehicle inspection and trading in the future, and the two parties should still handle the transfer registration in a timely manner in accordance with the provisions of Article 7 of the Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China. If the other party still does not cooperate with the transfer, it can be resolved by litigation: requiring the other party to perform the transfer obligation.

In the case of failure to transfer ownership in time, the original owner may still bear some legal risks. According to traffic laws and regulations, the second-hand car that has not gone through the transfer procedures should be borne by the original owner. Moreover, since the ownership of the vehicle is not the new owner, it cannot be insured.

If a traffic accident occurs after the expiration of the insurance, the new owner is unable to compensate, and the original owner may also be liable for compensation.

1. According to Article 14 of the Measures of the People's Republic of China for the Registration of Motor Vehicles, after the purchase and sale of a vehicle, the transfer procedures shall be completed within 30 days from the date of transfer of ownership.

2. If the buyer does not violate the corresponding laws and regulations, he can go to the vehicle management office to apply for compulsory enforcement, or call the police to take back the vehicle.

Motor Vehicle Registration Certificate 3Motor vehicle registration sub-form (drawn from the vehicle management office in the jurisdiction of the vehicle, with ID card, driving license, road maintenance fee certificate to extract) 4Additional Tax Certificate for the Acquisition of Vehicles 5

The ID card and household registration book of the buyer and the seller, if it is a foreign household registration, you need to bring a temporary residence permit, and the buyer's temporary residence permit needs to be completed for one year.

4. The brief process of motor vehicle transfer is as follows: 1The old motor vehicle market implements the operating company system when the vehicle is transferred, and the transfer window is not directly handled by consumers.

The old motor vehicle operating company will complete the transfer procedures for the old car market: evaluation, vehicle inspection, and ticketing. 2.

The buyer and the seller shall sign the "Old Motor Vehicle Sales Contract" supervised by the industrial and commercial department, and the contract shall be in triplicate, with the buyer and seller each holding one copy, and the industrial and commercial department retaining one copy. Only after the record of the industrial and commercial department can the transfer or transfer procedures of the vehicle be handled. 3.

After the appraisal report comes out, the transfer procedures begin. The completed transfer certificate should be retained by the buyer, and the seller should also keep a copy in case it is needed in the future.

Of course, it is the person who buys the car to compensate, the car is a movable property, and the effective time of the movable property in law is subject to the time of delivery, and there is no need to wait for the transfer. That is to say, although the car has not been transferred, but the car has already driven away, and the money and goods are cleared, then he has an accident while driving, of course, it has nothing to do with you.

1. Vehicle registration certificateThe vehicle registration certificate is a necessary property right certificate for the vehicle, and most of the cars purchased before 2002 do not have a registration certificate, and the registration certificate needs to be reissued when the vehicle is traded. After the vehicle transaction, the vehicle registration certificate will record the detailed information of the original owner and the current owner in detail, so as to ensure that both parties to the transaction and the vehicle management department are aware of the change of vehicle property rights.

Second, the vehicle driving certificate vehicle driving certificate is second only to the vehicle registration certificate of the important document, consumers in the transaction of second-hand cars, the vehicle driving certificate should also be changed. It should be noted that the vehicle driving license of the vehicle ** should also be consistent with the vehicle, and the vehicle must be allowed to handle it only after passing the annual inspection in accordance with the regulations.

3. The owner's ID card and unit certificate must be real and valid when the vehicle is changed to property rights, and the unit needs to show the unit's certificate. Among them, the identity certificate is expired, and the certificate is not inspected annually, which needs to be handled properly by both parties to the transaction. There is also a situation that the address and name of the ID card or ** certificate do not match the registration certificate or driving license of the original vehicle, which also requires the two parties to the transaction to change to the vehicle management office.

Fourth, the signing of the vehicle transaction contract in the process of vehicle purchase, the buyer and the seller should sign the sales contract, in the contract the two parties should clearly fill in the relevant data of the vehicle, the condition of the vehicle, the cost burden and the solution to the problem, etc., to avoid problems in the future without basis.

5. Changes in vehicle acquisition surcharge, road maintenance fee and vehicle and vessel use tax In the change of vehicle property rights, it is necessary to inspect the purchase surcharge of the vehicle, the road maintenance fee and the vehicle and vessel use tax, and the vehicle purchase surcharge must be paid, and the road maintenance fee shall be paid at least one month within the vehicle transaction time, and the vehicle and vessel use tax must be paid to the year of the vehicle transaction. In order to avoid driving for a period of time, it is found that the car has not paid off the road maintenance fees and traffic violation fines before.

6. In the second-hand car transaction of changing other related procedures, the buyer and seller also need to go to the additional tax collection and inspection office to change the purchase additional tax, to the road maintenance fee collection and inspection office to change the road maintenance fee, and to the insurance company to change the insurance procedures, and these expenses must be paid special attention to.

If one of the parties to the buyer and seller is unwilling to transfer the ownership, they can first apply to the court for urging, and if the urging does not work, they will sue the court and revoke the previously signed sales contract. After the contract is cancelled, the original owner can drive the car away, but the car must be refunded to the buyer.

Legal basis: "Provisions on the Registration of Motor Vehicles" Article 18 If the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer registration within 30 days from the date of delivery of the motor vehicle.

Before the owner of a motor vehicle applies for transfer of registration, the road traffic safety violations and traffic accidents involving the vehicle shall be dealt with.

If the car is sold and the other party does not take ownership of the car, you have the right to ask the other party to transfer the ownership and claim compensation from the other party in accordance with the terms of the breach of contract. In general, the buyer and the seller will enter into a contract at the time of the transaction.

Legal basis: Article 13 of the "Provisions on Motor Vehicle Registration" If the domicile of the owner of a motor vehicle moves out of the area under the jurisdiction of the vehicle management office, the vehicle management office shall, within three days from the date of acceptance, endorse the change on the motor vehicle registration certificate, withdraw the license plate and driving license, issue a temporary driving license plate valid for 30 days, and hand over the motor vehicle file to the motor vehicle owner. The owner of the motor vehicle shall apply for the transfer of the motor vehicle to the vehicle management office at the place of residence within the validity period of the temporary driving license plate.

Where an application is made for the transfer of a motor vehicle, the owner of the motor vehicle shall fill in the application form, submit the identity certificate, the motor vehicle registration certificate, the motor vehicle file, and submit the motor vehicle for inspection. If the motor vehicle has exceeded the validity period of the inspection at the time of transfer, the safety technical inspection shall be carried out at the place of transfer and the certificate of conformity of the motor vehicle safety technical inspection and the compulsory insurance certificate of traffic accident liability shall be submitted. The vehicle management office shall, within three days from the date of acceptance, confirm the motor vehicle, check the vehicle identification number rubbing, review the relevant certificates, vouchers and motor vehicle files, endorse the transfer information on the motor vehicle registration certificate, and issue license plates, driving licenses and inspection marks.

Article 14 of the Provisions on the Registration of Motor Vehicles If there are two or more owners of a motor vehicle and it is necessary to change the name of the registered owner to the name of the other owner, the motor vehicle registration certificate, driving license, identity certificate of the owner of the motor vehicle before and after the change and notarization certificate of joint ownership shall be submitted. After the change, if the domicile of the owner of the motor vehicle is within the jurisdiction of the vehicle management office, the vehicle management office shall handle the change of registration in accordance with the provisions of the second paragraph of Article 11 of these provisions. After the change, if the domicile of the owner of the motor vehicle is not within the jurisdiction of the vehicle management office, the vehicle management office at the place of relocation and the place of relocation shall handle the change registration in accordance with the provisions of Article 13 of these provisions.

Article 18 of the Measures for the Administration of Second-hand Car Circulation: When entrusting a second-hand car brokerage agency to purchase a second-hand car, both parties shall follow the following requirements: (1) The client shall provide legal identity proof to the second-hand car brokerage agency; (2) The second-hand car brokerage institution selects the vehicle according to the requirements of the client and informs it of market information in a timely manner; (3) When the second-hand car brokerage institution accepts the entrustment to purchase, the two parties sign a contract; (4) The second-hand car brokerage agency shall handle the vehicle appraisal and appraisal on behalf of the client according to the requirements of the client, and the expenses incurred in the appraisal shall be borne by the client.

Article 14 of the Measures for the Administration of Second-hand Car Circulation: The seller of second-hand cars shall provide the buyer with the true information and information on the use, repair, accident, inspection of the vehicle, whether to handle mortgage registration, pay taxes, and scrap period. If the vehicle purchased by the buyer cannot be transferred and registered due to the seller's concealment and fraud, the seller shall unconditionally accept the return of the vehicle and refund the purchase price and other expenses.

Hello: You may not know the necessity of handling the transfer of second-hand carsThe transfer of second-hand car ownership can legally complete the transfer of vehicle ownership, ensure the legitimacy of the vehicle, and clarify the division of responsibilities between the buyer and the seller related to the vehicle, such as debt disputes, traffic violations, etc., to ensure the legitimate rights and interests of the buyer and the seller. Your contract has no legal effect.

After the sale of the second-hand car, the other party can directly solve the problem by suing if the other party delays the transfer of ownership.

Legal analysisThe court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. After the parties have completed the necessary formalities and submitted all relevant evidence, the case filing division shall, within seven days, handle the case filing formalities for those who meet the requirements for case filing; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial. How to bear the costs of litigation:

The filing fee is to be paid in advance by the plaintiff. Where the defendant submits a counterclaim, the case acceptance fee is to be calculated on the basis of the amount or value of the counterclaim, and the defendant is to pay it in advance. Where the parties have real difficulties in paying the litigation fees, they may apply to the people's court for a delay, reduction, or waiver of payment.

Whether or not to be suspended, reduced, or waived is to be reviewed and decided by the people's courts. When the case is concluded, the people's court shall notify the person in writing of a detailed list of litigation costs and the amount to be borne by the parties. At the same time, the judgment, ruling or mediation document shall specify the litigation costs to be borne by each party.

The parties shall settle the litigation costs with the people's court on the basis of the payment receipts and the judgment, ruling or mediation document, and refund the excess and make up the deficiency.

Legal basis"Civil Procedure Law of the People's Republic of China" Article 119:The following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

If the car is sold, the other party can sue and require the other party to go through the transfer procedures.

If the car is sold, the other party can sue and require the other party to go through the transfer procedures. In addition, although there is no transfer of ownership, there is an agreement to prove that the vehicle has been transferred, and it has nothing to do with you in case there is any dispute over the vehicle. So the agreement must be put in place.

There is a risk that the car is not transferred

1. If the owner of the seller has a traffic accident while using the car, the owner of the seller will pay the corresponding legal responsibility and pay the corresponding compensation.

2. All kinds of violations caused by the owner of the house will have an impact on the owner of the seller; If it is driven to do illegal things, it will cause unnecessary trouble to the seller's shirt owner.

Documents required for car transfer

1. The original and copy of the driving license, ID card, motor vehicle registration certificate, vehicle driving license, and purchase tax book of the owner of the Shuangru Liang Fangfang car must be provided with the original.

2. The original application form for registration, transfer and cancellation of registration of motor vehicles.

Handle the car transfer process

The slag collapse and wide management office will review the car file, and the industrial and commercial bureau will inspect the car, receive the receipt and original of the driving license, purchase the corresponding tax transfer, and finally the transfer will be successful after the insurance name change.

Cars that cannot be transferred

1. Cars modified without permission.

2. Cars that have reached the end of their life and cars that regularly participate in annual inspection or fail to pass annual inspection.

3. There are also cars that have not been dealt with in violation of regulations.

4. The seal registered by the owner of the car and the owner of the car selling the car is inconsistent.

5. The car is frozen or mortgaged.