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Hurry up and sue, be careful that he sells two cars.
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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.
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Legal analysis: If the car is bought, the other party can sue if it is not in the house. If the car is sold, the other party can sue and require the other party to go through the transfer procedures.
The car has been sold but has not been transferred, and the original owner no longer has to bear the responsibility for the accident. If there is an accident, the original owner will not be held responsible, so it is necessary to keep the agreement signed by the sale of the car, so that the other party will not have any impact on the original owner.
Legal basis: Article 13 of the Road Traffic Safety Law of the People's Republic of China If a commercial motor vehicle is changed to a non-commercial motor vehicle or a non-commercial motor vehicle is changed to a commercial motor vehicle, and the domicile of the owner of the motor vehicle moves out of the jurisdiction of the vehicle management office, it shall apply to the vehicle management office for a change of registration after the change, and submit proof of identity and proof of change in the application items. The vehicle management office shall, within one working day from the date of acceptance, withdraw the original motor vehicle driving license and re-issue the motor vehicle driving license.
If it is necessary to change the motor vehicle registration number, the original motor vehicle number plate and motor vehicle driving license shall be withdrawn, the new motor vehicle registration number shall be determined, and the motor vehicle number plate, motor vehicle driving license and inspection mark shall be reissued. If the domicile of the owner of the motor vehicle moves out of the area under the jurisdiction of the vehicle management office, the vehicle management office shall take back the motor vehicle number plate and the motor vehicle driving license, issue a temporary driving license plate, and the motor vehicle file shall be sealed, carried by the motor vehicle owner, and within 90 days, apply for the transfer of the motor vehicle to the vehicle management office at the place of residence.
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The way to sell the car and the other party to delay the sale is as follows:
1. Actively contact the buyer, let the other party go through the transfer procedures, and tell the other party that if the account is not settled, it will not be possible to make an insurance claim;
2. You can publish the newspaper "Transfer Statement" to declare that the car has been sold, and the buyer must come to transfer the car within a certain date;
3. If you have a sales agreement and a copy of your ID card with the other party, you can also take the evidence to the court to sue.
1. The process of handling the transfer of ownership is as follows:
1. The parties involved in the reed should bring their ID cards, household registration booklets, marriage certificates, housing purchase and sale contracts, housing verification certificates and other materials to the real estate bureau to submit applications;
2. Issue a tax receipt after going through the formalities of tax verification and payment, submit the receipt, fill in the application form and receive the acceptance notice;
3. Go to the trading center to get the real estate certificate, confirm the information, and complete the transfer.
2. The conditions for the transfer of ownership of the car are as follows:
1. Legal ** and procedures;
2. There is no record of bank pledge and court seal;
3. There is no record of traffic violations and unhandled accidents;
4. There is no record of arrears;
5. All documents are complete.
All in all, if the car is bought and the other party does not take ownership for a long time, it can sue and require the other party to go through the transfer procedures. The car has been sold but has not been transferred, if there is an accident, the original owner will not be held responsible, so it is necessary to keep the agreement signed by the sale of the car, so that the other party will not have any impact on the original owner.
Article 13 of the Road Traffic Safety Law of the People's Republic of China stipulates that if a commercial motor vehicle is changed to a non-commercial motor vehicle or a non-commercial motor vehicle is changed to a commercial motor vehicle, and the domicile of the owner of the motor vehicle moves out of the jurisdiction of the vehicle management office, an application shall be made to the vehicle management office for a change of registration after the change, and the identity certificate and proof of the change of the application items shall be submitted.
The vehicle management office shall, within one working day from the date of acceptance, withdraw the original motor vehicle driving license and re-issue the motor vehicle driving license. Need to change the motor vehicle registration number, take back the original motor vehicle number plate, motor vehicle driving license, determine the new motor vehicle registration number, re-issue motor vehicle number plate, motor vehicle code dust driving license and inspection mark.
If the domicile of the owner of the motor vehicle moves out of the area under the jurisdiction of the vehicle management office, the vehicle management office shall take back the motor vehicle number plate and the motor vehicle driving license, issue a temporary driving license plate, and the motor vehicle file shall be sealed, carried by the motor vehicle owner, and within 90 days, apply for the transfer of the motor vehicle to the vehicle management office at the place of residence.
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1. What should I do if the car is sold and the other party is not in the house for a long time.
can sue 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.
2. Legal basis.
Road Traffic Safety Law of the People's Republic of China
Article 13 Where a commercial motor vehicle is changed to a non-commercial motor vehicle or a non-commercial motor vehicle is changed to a commercial motor vehicle, and the domicile of the owner of the motor vehicle moves out of the jurisdiction of the vehicle management office, an application shall be made to the vehicle management office for a change of registration after the change, and a certificate of identity and a change in the application items shall be submitted.
The vehicle management office shall, within one working day from the date of acceptance, withdraw the original motor vehicle driving license and re-issue the motor vehicle driving license. If it is necessary to change the motor vehicle registration number, the original motor vehicle number plate and motor vehicle driving license shall be withdrawn, the new motor vehicle registration number shall be determined, and the motor vehicle number plate, motor vehicle driving license and inspection mark shall be reissued.
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 take back the motor vehicle number plate and motor vehicle driving license, issue a temporary driving license plate, and the motor vehicle file shall be sealed, carried by the owner of the motor vehicle, and within 90 days, apply to the vehicle management office at the place of residence for the transfer of a motor vehicle.
Millions of car purchase subsidies.
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Answer: If the car is sold to the other party, the owner can cancel the motor vehicle, and the cancellation of the motor vehicle means that the registered motor vehicle reaches the mandatory scrapping mark stipulated by the state, and the owner needs to apply for the cancellation of the registration of the motor vehicle. Therefore, if the other party does not leave the house for a long time, the motor vehicle can be cancelled. Legal basis: Article 225 of the Civil Code of the People's Republic of China: The establishment, alteration, transfer, and extinction of real rights in ships, aircraft, and motor vehicles shall not be carried against bona fide third parties without registration.
Article 226:Where the right holder is already in possession of the movable property before the creation or transfer of the movable right, the real right shall take effect when the civil juristic act takes effect.
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