What to do if the car is sold and the buyer has not been out of ownership

First of all, if the car has been sold and you have received the payment, it is not appropriate to unilaterally cancel the owner. If you have not signed a car purchase agreement, or do not have a clear division of responsibilities and deadlines, then go to the DMV for consultation and solve the hidden danger as soon as possible.

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 the buyer refuses to transfer the ownership of the car, the vehicle registrant can file a lawsuit with the court where the vehicle is located with his ID card and the vehicle sales contract.

Then, after winning the lawsuit, the vehicle registrant can apply to the vehicle management office where the vehicle is registered to declare the vehicle registration certificate, vehicle driving license, number plate, etc. invalid with the effective judgment and ID card.

Motor Vehicle Registration Regulations:

Article 18 Where the ownership of a registered motor vehicle is transferred, the owner of the motor vehicle shall, within 30 days from the date of delivery of the motor vehicle, apply to the vehicle administration office at the place of registration for transfer registration.

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.

Article 21: Where the original owner of a motor vehicle fails to provide the current owner of a motor vehicle with a motor vehicle registration certificate, license plate or driving license when it is confiscated and auctioned by a people's court, or by an arbitration institution or arbitrated by an arbitration institution in accordance with law, or mediated, ruled or adjudicated by a people's court on the transfer of ownership of a motor vehicle, the current owner of the motor vehicle shall submit a Notice of Assistance in Enforcement issued by the people's court for the failure to obtain the motor vehicle registration certificate, license plate or driving license when handling the transfer registration. or a certificate issued by the people's procuratorate or administrative law enforcement department that the motor vehicle registration certificate, license plate, or driving license has not been obtained. The vehicle management office shall announce the invalidation of the original motor vehicle registration certificate, license plate or driving license, and reissue the motor vehicle registration certificate at the same time as the transfer registration.

Legal analysis: You 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 away.

According to 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 of ownership shall be completed within 30 days from the date of transfer of ownership. If the buyer does not violate the corresponding regulations, he can go to the DMV to apply for enforcement, or call the police to take back the vehicle.

Legal basis: Article 16 of the Measures of the People's Republic of China for the Registration of Motor Vehicles: For motor vehicles that have been transferred out of registration, the owner of the motor vehicle shall apply to the vehicle management office at the place of transfer for registration within 90 days from the date of transfer registration.

When applying, submit the application for transfer registration, the identity certificate of the owner of the motor vehicle, the motor vehicle registration certificate and the motor vehicle file.

The vehicle management office shall, in accordance with the provisions of the second paragraph of Article 10 of these measures, register the transfer information on the motor vehicle registration certificate, and do not reissue the motor vehicle registration certificate.

Legal analysis

Go to the DMV to apply for enforcement, or call the police to take back the vehicle. First of all, after the vehicle changes the owner, it is necessary to transfer the ownership, change the registration, if the buyer has not been in the house, the seller can appeal according to the regulations, or let the police coordinate, this is a civil dispute, the vehicle management office will not accept and deal with this matter, a method when calling the police, you can also appeal to the local court, the lawsuit in this case will generally be judged quickly, if the court intervenes, the buyer is not willing to transfer, the court can enforce it, you can also entrust a lawyer to litigate.

Legal basis

Road Traffic Safety Law of the People's Republic of China Article 13 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.

Interim Regulations on the Registration of Immovable Property

Article 20 The immovable property registration authority shall complete the formalities for the registration of immovable property within 30 working days from the date of acceptance of the application for registration, except as otherwise provided by law.

Article 21 The registration of registered items shall be completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Summary. Pro-<>

We'll be happy to answer your questions. 1.If the buyer has not been in possession, the seller can first contact the buyer to negotiate a settlement, or file a lawsuit to ask the buyer to grant the transfer.

2.In accordance with Article 181 of the Contract Law of the People's Republic of China, the seller may require the buyer to grant the transfer of ownership as agreed, and if the buyer refuses, the seller may file a lawsuit to require the buyer to grant the transfer. 3.

At the same time, the seller may also require the buyer to bear the corresponding liability for breach of contract in accordance with Article 265 of the General Principles of the Civil Law of the People's Republic of China to compensate the seller for losses. 4.If the buyer refuses to bear the responsibility, the seller may file a lawsuit with the people's court to require the buyer to bear the corresponding liability.

What should I do if the car is sold and the buyer has not been out of ownership.

Dear <> will be happy to answer for you. 1.If the buyer of Xun Tangerine Fruit has not been in the house, the seller can first contact the buyer to negotiate a settlement, or file a lawsuit to require the buyer to transfer the ownership.

2.In accordance with Article 181 of the Contract Law of the People's Republic of China, the seller may request the buyer to grant the transfer of ownership as agreed, and if the buyer refuses, the seller may file a lawsuit to request the buyer to grant the transfer. 3.

At the same time, the seller may also require the buyer to bear the corresponding liability for breach of contract in accordance with the provisions of Article 265 of the General Principles of the Civil Law of the People's Republic of China to compensate the seller for losses. 4.If the buyer refuses to bear the responsibility, the seller may file a lawsuit with the people's court to require the buyer to bear the corresponding liability.

Sue to sue.

What materials are needed to file a lawsuit in the people's court.

If the buyer has not been in charge, you can file a lawsuit with the local people's court and ask the court to order the buyer to perform the transfer obligation. When litigating, the following materials need to be prepared:1

Vehicle purchase contract and related vouchers; 2.Vehicle sales invoices; 3.Proof of bank remittance; 4.

Proof of identity and address of the car buyer; 5.Compulsory vehicle insurance policy; Nuclear Song 6Vehicle driving license; 7.

Vehicle Registration Certificate; 8.Other relevant evidence. <>

Yes**. But I can get through. Just don't pick it up.

If you want to sue, you need to prepare some strong evidence, including but not limited to: the sales contract signed by the buyer and the seller, payment vouchers, goods and delivery notes, invoices, necessary witness testimony and relevant WeChat collection records, ** records, etc., in order to effectively prove your claim. In addition, you can also ask the local authorities or industry associations for a template of the sales contract to better protect your rights and interests.

Legal analysis: In the event of traffic violations, accidents or arrears of fees, the original owner will bear considerable legal responsibility.

After the transfer of the vehicle, the other party can do this

If the property is acquired in accordance with the contract or other legal means, the ownership of the property shall be transferred from the time of delivery of the property, unless otherwise provided by law or otherwise agreed by the parties, so the vehicle sale is a transfer of ownership in the sense of property rights, and the buyer and seller shall sign a written vehicle sales contract in accordance with the relevant provisions of the relevant laws, in which the seller shall be required to perform the vehicle transfer procedures as a special obligation, and at the same time indicate the completion time and liability for breach of contract. It can also be directly agreed that the ownership of the car still belongs to the original owner before the transfer of ownership of the vehicle is completed.

2.If the seller does not handle the transfer of ownership of the vehicle, the original owner has the right to require the seller to continue to perform its contractual obligations, go through the procedures for the transfer of ownership of the vehicle in a timely manner, and may claim to bear the liability for breach of contract in accordance with the relevant laws and regulations of the country and the agreement of the contract between the two parties.

3.If the buyer clearly states or shows by his own behavior that he does not perform the obligation to transfer ownership of the vehicle agreed in the contract, the original owner has the right to file a civil lawsuit with the people's court in accordance with the Civil Procedure Law and other laws and regulations, requesting the people's court to protect his legitimate rights and interests in accordance with the law, and can also require the buyer to stop infringing on his right to his name and compensate for relevant economic losses.

Legal basis: Article 1210 of the Civil Code of the People's Republic of China Where the parties have transferred and delivered a motor vehicle by sale or other means but have not been registered, and the damage caused by a traffic accident is the responsibility of one of the parties to the motor vehicle, the transferee shall be liable for compensation.

Summary. Hello dear, happy to answer for you! If the buyer refuses to go through the procedures for the transfer of ownership of the vehicle, the seller can sue the buyer in court with the sales contract.

Hello dear, happy to answer for you! If the buyer refuses to go through the procedures for the transfer of ownership of the vehicle, the seller can sue the buyer in court with the sales contract.

Legal analysis: vehicle management office file check, criminal investigation, industrial and commercial vehicle inspection, receipt of driving license acceptance, receipt of original driving license, purchase tax transfer, insurance name change. 2. Required materials (1) the original application form for registration, transfer and cancellation of registration of motor vehicles; (2) The original and photocopy of the identity certificate of the current owner of the motor vehicle; (3) The original or original and photocopy of the certificate and certificate of transfer of ownership of the motor vehicle.

Among them, the second-hand car sales invoice, the "Notice of Assistance in Enforcement" and the transfer certificate issued by state organs, enterprises, public institutions and social organizations shall be originals; (4) Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the original transfer certificate approved by the Customs (motor vehicles under customs supervision); (5) Original driving license; (6) The original motor vehicle inspection record form (posted with motor vehicle standard ** and frame number rubbing). (7) Original motor vehicle registration certificate; (8) 1 motor vehicle standard**; (9) Power of Attorney and identity certificate of **person (motor vehicle registration and related business applied by **person**). 3. The required documents are the ID card of the original owner of the Mu Cong, the ID card of the owner of the new Naiyan, the original and copy of the vehicle driving license, the purchase tax book, the tax payment certificate of the vehicle and vessel use tax, the motor vehicle registration certificate, the motor vehicle criminal investigation vehicle bill, the insurance policy, and the Sui Ying card invoice.

Originals are required for all of the above. 4. There is a risk that the car has not been transferred (1) If a traffic accident occurs while using the car when buying a house, the seller owner will pay the corresponding legal responsibility and pay the corresponding compensation. <>

<> clause addendum: 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 something illegal and disorderly, it will cause unnecessary trouble to the seller's car owner.

Legal basis: "Provisions on Motor Vehicle Registration": Article 18 If the ownership of a registered motor vehicle is transferred, the owner of the current macro differential motor vehicle shall apply to the vehicle management 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 motorized vehicle applies for transfer registration, it shall complete the handling of all illegal acts and traffic accidents involving the vehicle. <>