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Be sure to get the car back, the road maintenance fee is the country, and no one is missing. If it takes a long time, the road maintenance fee plus the late fee will cost hundreds of thousands of dollars in a few years, and you can't give it, and by the time the court comes to summon it, it will be too late. In the past, many people have suffered from this, all because they do not have a household, and some accidents have occurred and the court has sealed the properties involved.
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Hello, this requires you and the owner to go to the DMV to transfer ownership, buying a car is the same as buying a house, and the ownership must be clear.
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Hello, according to the situation you have described, it is recommended that you carry out the transfer as soon as possible, and if the car is in an accident, both parties are responsible.
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It is still recommended that you transfer the ownership immediately, if the car has a traffic accident, the original owner is jointly and severally liable
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Hello, it is recommended that both parties go to the local vehicle management department to go through the vehicle transfer procedures as soon as possible, otherwise there will be an accident and both parties will be responsible.
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In this case, it is better to transfer the ownership, because it will be troublesome when you transfer the ownership in the future.
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Hello, after buying a car, you should go through the transfer and other procedures at the same time, if you haven't done it, you should contact the owner immediately to go through the relevant procedures, so as to avoid accidents.
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Hello, the car has been sold and there is no transfer. If there is no formal formality contract, the owner of the car will also be jointly and severally liable in the event of an accident.
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Hello, it is recommended that both parties go to the DMV immediately to go through the transfer procedures, otherwise both parties will be responsible for the accident.
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1. What should I do if the vehicle has not been transferred?
1. If the vehicle is bought and there is no transfer, a written reminder can be issued to agree with the seller on the time limit for the transfer of ownership; The buyer may also be directly deemed to have breached the contract, and the seller shall bear the liability for breach of contract and take remedial measures or compensate for the corresponding losses; If the seller still fails to perform after the court makes a judgment, it may apply to the court for compulsory enforcement, and the court will serve a notice of assistance in enforcement.
2. Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China.
Where the person subject to enforcement or the property subject to enforcement is in a foreign area, the local people's court may be entrusted to enforce the law on their behalf. After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be notified of the execution in a letter.
Roll bright. Where the entrusted people's court does not enforce the request within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce the mo.
2. What materials are needed for the transfer of vehicle ownership?
1. The identity certificate of the current owner of the motor vehicle;
2. Proof and certificate of transfer of ownership of motor vehicle;
3. Motor vehicle registration certificate;
4. Motor vehicle driving license;
5. For motor vehicles under customs supervision, the Certificate of Release of Supervision of Vehicles under Customs Supervision of the People's Republic of China or the transfer certificate approved by the Customs shall also be submitted;
6. If the motor vehicle exceeds the validity period of the inspection, the motor vehicle safety and technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.
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1. What should I do if I don't transfer the ownership after buying a car?
1. After buying a car, there is no transfer of ownership and the joke is handled as follows:
1) If the car is sold and the transfer is not transferred, contact the current owner of the car in time to go through the transfer together;
2) If you can't contact the current owner in time, you can go to the nearest vehicle management office with your ID card to lock the untransferred vehicle under your name.
2. Legal basis: Article 18 of the "Motor Vehicle Registration Regulations".
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 at the place of transfer shall inspect the motor vehicle within three days from the date of acceptance, endorse the changes on the motor vehicle registration certificate, and prepare and upload the electronic file of the motor vehicle. 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 30 days. If the domicile of the owner of a small or micro passenger car or motorcycle moves out of the area under the jurisdiction of the vehicle management office, it shall apply to the vehicle management office at the place of transfer to change the registration.
Where an application is made for the transfer of a motor vehicle, the owner of the motor vehicle shall confirm the application information, submit the identity certificate and the motor vehicle registration certificate, 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 in accordance with the provisions of the deficiency and the certificate of conformity of the motor vehicle safety and 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, inspect the motor vehicle, collect and check the vehicle identification number rubbing film or electronic data, review the relevant certificates, vouchers and electronic archives of the motor vehicle, endorse the transfer information on the motor vehicle registration certificate, withdraw the license plate and driving license, determine the new motor vehicle license plate number, and issue the license plate, driving license and inspection mark.
Before the owner of the motor vehicle applies for transfer out or transfer, the road traffic safety violations and traffic accidents involving the vehicle shall be dealt with.
2. What is the vehicle ownership transfer process?
1. Invoice transactions, pay second-hand car transaction tax, private households collect 1%, public accounts 4%;
2. Vehicle external inspection: drive the car to the car inspection office, the vehicle will be inspected, extended, dismantled and photographed, receive the vehicle, paste it on the inspection record form, and enter the transfer hall to go through the filing procedures
3. License plate selection;
4. Transfer and move out.
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The car has not been transferred, but there is a sales contract, if there is an accident, you will be jointly and severally liable, and the main responsibility is that he pays. There is only one solution, to go through the procedures for the transfer of ownership of the vehicle as soon as possible. There are many legal risks associated with selling a car, so in order to clarify the legal rights and responsibilities, it is recommended that the owner transfer the ownership.
The risk of selling the car without closing the ownership:
1. If the vehicle has not been transferred, if the sold car has a major accident and the buyer is unable to compensate, the original owner will have to pay
2. If there are violations and other violations, if they are not dealt with, they will have an impact on the original owner.
3. In case the vehicle is driven by someone with bad intentions to do something illegal, then you can only be wronged and cause unnecessary trouble to you.
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As a movable property, the transfer of ownership of a motor vehicle is subject to delivery as an effective condition and registration as a countervailing element. If the other party does not perform the transfer registration procedures of the purchased vehicle, it can be required to perform according to the contract between the two parties, and if the negotiation fails, it can file a lawsuit with the court on the contract and require the other party to perform the corresponding transfer registration procedures.
1. What should I do if I buy a car under the pretext of losing the vehicle?
If you buy a car, you can sue if you don't get the car on the pretext that the vehicle is lost. The relevant provisions are that the owner of the motor vehicle shall apply to the vehicle administration office at the place of registration for transfer of registration within 30 days from the date of delivery of the motor vehicle.
If the buyer refuses to go through the procedures for the transfer of ownership of the vehicle, the seller can sue the buyer to continue to perform the contract with the court with the sales contract.
In addition, the law stipulates that if a traffic accident occurs under the premise that the vehicle is actually delivered to the transferee by way of sale or sale, the actual transferee of the vehicle shall be liable if a traffic accident occurs without going through the transfer procedures.
2. What should I do if I don't have an agreement to sell a car?
1. The sale of the car to sign the agreement requires the transfer of ownership, and if there is no transfer, the other party can request it to bear the responsibility for violating the obligation.
2. In accordance with the Civil Code of the People's Republic of China implemented in 2021
Article 502:A contract established in accordance with law shall be effective from the time of its establishment, except as otherwise provided by law or otherwise agreed by the parties.
In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.
Article 1210:Where a motor vehicle has been transferred and delivered by sale or other means between the parties but has not been registered, and damage caused by a traffic accident is the responsibility of one party to the motor vehicle, the transferee shall be liable for compensation.
Article 214 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of movable property rights shall be registered in accordance with the provisions of law, and shall take effect when recorded in the movable property register.
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What should I do if I don't transfer the ownership after buying a car, hello! The treatment is as follows; You can file a lawsuit in court, but as long as you get the car and the proof of the car's transaction, you don't have to worry about the rest. The Supreme People's Court has given the "Reply of the Supreme People's Court on Whether the Original Owner of a Serial Car Purchase Should Be Liable for the Damage Caused by a Traffic Accident in a Motor Vehicle Without Going Through the Procedures for the Transfer of Ownership of a Serial Car Purchase" submitted by the Jiangsu Provincial High People's Court.
The specific content of the reply is as follows: because the vehicle has been delivered, the original owner can neither control the operation of the car nor obtain benefits from the operation of the car, so the original owner shall not be liable for the damage caused by the traffic accident of the motor vehicle, but the act of the serial purchase of the car without going through the transfer procedures violates the administrative regulations of the scattered rules, and shall be subject to the provisions of the adjustment of the car. How to understand the content of this reply?
If you are the original owner, for various reasons, you have signed a vehicle transfer agreement and delivered the car to the buyer without going through the procedures for transferring the ownership of the vehicle. If a traffic accident occurs after the vehicle is delivered, you, as the original registered owner, are no longer liable for damages. But there is a premise for this, that is, you have not violated the regulations of the Administrative Law in the process of selling the car.
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1. What should I do if the vehicle is bought and there is no transfer of ownership 1. If the vehicle is bought and there is no transfer, a written reminder can be issued to agree with the seller on the time limit for the transfer of ownership; The buyer may also be directly deemed to have breached the contract, and the seller shall bear the liability for breach of contract and take remedial measures or compensate for the corresponding losses; If the seller still fails to perform after the court makes a judgment, it may apply to the court for compulsory enforcement, and the court will serve a notice of assistance in enforcement. 2. Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China in Tongheguo Where the person subject to enforcement or the property subject to enforcement is in a foreign country, the local person may be entrusted to carry out the enforcement on behalf of the tenant court.
After receiving the letter of entrustment, the entrusted people's court must begin enforcement within 15 days and must not refuse. After enforcement is completed, the people's court shall be entrusted with a timely reply to the outcome of the enforcement; If the enforcement is not completed within 30 days, the people's court shall also be entrusted with a letter of the execution of the defense. Where the entrusted people's court does not enforce within 15 days of receiving the letter of entrustment, the entrusting people's court may request that the people's court at the level above the entrusted people's court order the entrusted people's court to enforce it.
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