What are the risks of buying a car in someone else s name?

Risk 1: The "borrowing a name to buy a car" agreement is not protected by law

The owner of the license plate index privately agrees with a third party to use the license plate index issued by the administrative department to the third party. This behavior not only violated the "Interim Regulations on the Regulation and Control of the Number of Small Passenger Cars in Beijing", but also violated the "Road Traffic Safety Law of the People's Republic of China".

Article 103 of the Implementing Regulations and the Contract Law of the People's Republic of China

Article 7.

According to Article 52 of the Contract Law of the People's Republic of China, the agreement signed between the index owner and a third party violates laws and administrative regulations.

will be deemed invalid. The rights and obligations agreed upon by both parties in the agreement are also not protected by law.

Risk 2: The user of the indicator will face the risk of the vehicle being mortgaged and executed

Because of "borrowing a name to buy a car", the vehicle is registered in the name of the owner of the license plate, not in the name of the license plate user who funded the purchase of the vehicle. This has led to the phenomenon of "separation of car households". For index users, there may be situations where the vehicle purchased by them is mortgaged by the registered owner of the vehicle, which affects the use of the vehicle;

There may also be cases where the registered owner of the vehicle is involved in a debt dispute with others as the person subject to the application for enforcement, and the applicant applies for the enforcement of the passenger car registered in his name, at this time, the actual owner of the vehicle must also confirm the ownership of the vehicle by filing a lawsuit with the court to ensure that the vehicle is not enforced.

Risk 3: If the vehicle is involved in a traffic accident, the owner of the indicator will face the risk of being liable for compensation.

In the event of a traffic accident, according to the Tort Liability Law of the People's Republic of China.

According to the relevant provisions of the Road Traffic Safety Law of the People's Republic of China, the compulsory insurance of motor vehicle traffic accident liability shall be insured by the vehicle in the event of a traffic accident.

of insurance companies pay within the insurance limit.

However, if the vehicle is not insured with compulsory motor vehicle traffic accident liability insurance, the vehicle owner, as the vehicle insurance obligor, will be liable for compensation within the compulsory insurance limit of motor vehicle traffic accident liability. (Compulsory liability insurance for motor vehicle traffic accidents.)

In the case that the infringer is liable, the total limit of compensation is 10,000 yuan. ）

Very risky :

1. Legally, the car belongs to someone else, not his own, and the person on the big green driving license is the owner of the vehicle. If someone else takes the car, they have no way to do it, even if they sign an agreement, it is not fair and useless.

2. If the car has an accident and wants to report insurance, it must be handled by the vehicle itself.

3. If you want to transfer the ownership after two years, you need to use the owner's name to transfer, and you can only transfer the ownership with the consent of your friend.

4. Traffic violations need to be dealt with by themselves.

To sum up, it is strongly not advisable to buy a car in someone else's name.

If the perpetrator has escaped or his whereabouts are unknown, or the vehicle has not purchased compulsory traffic insurance, the court will also order the borrower to bear legal liability. Therefore, when encountering relatives and friends who buy a car in their name, they should check whether the borrower has obtained a driver's license, whether the purchased vehicle has potential safety hazards, whether it has passed the vehicle inspection, whether it has purchased compulsory traffic insurance, and then make a prudent decision.

Take a look at the case below!

My cousin bought a car in my cousin's name and got into an accident, and my cousin was also sued in court.

In September 2015, Xu was ready to buy a car for his own use, but he did not have enough funds in hand, and after discussing with the car salesperson, he decided to take out a loan to buy a car. Later, in the process of applying for a loan, the staff found that Xu had a record of owing a credit card loan to the bank and could not apply for a loan.

Subsequently, Xu found his cousin Guo, and after the two discussed, Guo agreed that Xu would buy a car in his own name, and the loan would be repaid by Xu every month. In October 2015, after Xu paid the down payment, he took out a loan to buy a car and registered it in Guo's name.

In August 2016, Xu's vehicle collided with Liu, who was riding a motorcycle, causing Liu to fall to the ground and be injured, constituting an eighth-degree disability. According to the traffic police department, Xu was fully responsible for the accident, and Liu was not responsible.

Later, due to the issue of compensation, the two parties did not reach an agreement, and Liu sued the insurance company, Xu and the owner Guo to the court, demanding that the two bear a total of 180,000 yuan in medical expenses, lost work expenses and other losses.

I'm not a lawyer, but I look at it from a normal person's point of view.

1 Debt division, you buy a car in someone else's name, if he owes money and runs away, then when the court enforces it, your car will be forcibly sold to repay the arrears.

2 In a traffic accident, if you drive a car and hit someone, the owner of the car is not you after the investigation, but the driver is you, and you and the owner of the car will be jointly and severally liable for compensation. On the contrary, if someone else hits you, the compensation is also divided proportionally with the owner of your car.

3 If he is divorced and the court finds out that he has a car in his name, and it is considered marital property, then his wife can sue you and ask you to give her 50% of the car.

The car is not yours, and the person on the big green driving license is the owner of the vehicle.

Legal analysis: very risky 1. Legally, the car is his, if he gets the car back, you have no way at all, even if the agreement is not fair and useless. 2. If your car has an accident and needs to be insured, it must be done by the vehicle itself.

3. You can't transfer the ownership in the past two years, you have to use the owner's own name to transfer, and you also need to be in person for traffic violations.

Legal basis: Article 7 of the Provisions of the People's Republic of China on the Registration of Motor Vehicles Article 7 Where an application for registration is made, the owner of the motor vehicle shall fill in the application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers:

1) Proof of identity of the owner of the motor vehicle;

2) Proof of the origin of the motor vehicle such as the purchase invoice;

3) The factory qualification certificate of the motor vehicle or the import certificate of the imported motor vehicle;

4) Vehicle acquisition tax payment certificate or tax exemption certificate;

5) Compulsory insurance certificate for motor vehicle traffic accident liability;

6) Certificate of payment or exemption of vehicle and vessel tax;

7) Other certificates and vouchers that laws and administrative regulations provide shall be submitted at the time of motor vehicle registration.

Risks of taking out a loan to someone else to buy a car in your own name: The first risk is that if the other party does not repay, you will bear all the debts incurred as a debtor; The second risk is that if the other person is driving in a traffic accident, you will be responsible for all the resulting liability.

In general, if you are very familiar with relatives and friends, there is no problem. For example, if your father is a national civil servant, the loan process is fast and the credit limit is high, he can take out a loan to buy a car, and the owner of the car is written in your name. And during the loan period, the car is nominally yours, but in fact it should be considered as your mortgage to the bank.

Just as many people ask the question of how you can buy a car without a license, the owner of the vehicle does not have to have a driver's license, as long as the driver has it.

The risk of car loan is faster and higher than that of housing loans, the release of car loan risk content makes the bank default rate appear, the ultimate victim of bad debts of car loans is the bank itself, in the face of ruthless car loan risks, banks have no choice but to bear all the bad debt losses, and a large number of car loan risks have emerged, so that banks have raised the threshold of car loans to varying degrees, and have strictly approved car loans.

Buying a car in someone else's name may lead to the following pitfalls:

1. Others have the right to get the car back, and the party has no right to stop it;

2. If the car has an accident and needs to be insured, it must be handled by the owner of the vehicle driving license;

3. If someone else runs away in arrears, the court may force the car to sell and repay the arrears.

What do you need to pay attention to when someone takes out a loan to buy a car in my name?

When someone else takes out a loan to buy a car in their own name, they need to pay attention to the following:

1. Stipulate the obligations of both parties;

2. Disclaimer of legal liability arising from the statement;

3. Sign a liability exemption agreement, indicating the effective time, number of copies, signature, etc.

Legal basis: Article 7 of the Provisions on the Registration of Motor Vehicles.

Those who apply for motor vehicle registration business shall truthfully submit the prescribed materials to the vehicle management office, submit the motor vehicle for inspection, truthfully declare the prescribed matters, and be responsible for the authenticity of the substantive content of the application materials and the legality of the motor vehicle.

Article 86.

The owner of a motor vehicle may entrust a person to apply for various motor vehicle registration and business, except for the change of co-owner, application for replacement of motor vehicle registration certificate, or cancellation of motor vehicle loss; If the owner of the motor vehicle is unable to be present due to death, leaving the country, serious illness, disability or force majeure, etc., he or she may entrust **person ** to apply with relevant certificates, or the heir can apply.

When applying for motor vehicle registration and business, the person shall submit the identity certificate of the person and the power of attorney of the owner of the motor vehicle.