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According to the requirements of China's motor vehicle registration regulations, the transaction of motor vehicles needs to be registered, and the judicial auction of motor vehicles also needs to be transferred.
The process of transferring ownership of the car at the court auction:
Article 21 of the Provisions on the Registration of Motor Vehicles is confiscated and auctioned by the people's courts, people's procuratorates and administrative law enforcement departments in accordance with law, or arbitrated by arbitration institutions in accordance with law, or mediated, ruled or adjudicated by the people's courts for the transfer of ownership of motor vehicles, and the original owner of the motor vehicle fails to provide the current owner of the motor vehicle with a motor vehicle registration certificate, license plate or driving license. When handling the transfer registration, the owner of the motor vehicle shall submit a "Notice of Assistance in Enforcement" issued by the people's court that has not obtained the motor vehicle registration certificate, license plate or driving license, 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.
Provisions on the Registration of Motor Vehicles" Judicial auction of second-hand motor vehicles requires all the existing materials of the motor vehicle to provide identity certificates, motor vehicle registration certificates and other materials to the vehicle management office for transfer registration.
Article 19 Where an application is made for transfer of registration, the current 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) The identity certificate of the current owner of the motor vehicle;
2) Proof and voucher for the transfer of ownership of motor vehicles;
3) Motor vehicle registration certificate;
4) Motor vehicle driving license;
5) For motor vehicles under customs supervision, the Certificate of Removal 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 is beyond the validity period of the inspection, the motor vehicle safety technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted.
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It's still okay to get out of class, then you're actually on annual leave.
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1. Can the car auctioned by the court be opened?
1. The transfer of ownership of the car auctioned by the court is divided into the following situations:
1) If the auction announcement of the court clearly informs that the auction procedures are incomplete and cannot be transferred, the buyer cannot transfer the house and cannot find the court for a refund;
2) If there is no notice in the auction announcement that the transfer cannot be made, then the court can be found to refund the dust mill in this case;
3) If the house has not been resolved before the court seals the property right certificate or initial property right registration, and the reason for the lack of resolution is that the original owner has illegal practices or does not have the requirements for property right registration, and the relevant competent authorities do not register, in this case, the house ownership certificate cannot be solved by buying the seized house.
2. Legal basis: Article 1 of the Provisions of the Supreme People's Court on the Failure of the People's Courts to Auction and Sell Property in Civil Enforcement.
During the enforcement procedure, after the property of the person subject to enforcement is sealed, seized, or frozen, the people's court shall promptly conduct an auction, sale, or take other enforcement measures.
Article 2. When people's courts dispose of sealed, seized, or frozen property at a discounted price, they shall first adopt the method of auction, except as otherwise provided by laws and judicial interpretations.
2. How to transfer the ownership of the vehicle auctioned by the court.
1. The old motor vehicle transaction shall be signed by the industrial and commercial department to supervise the old motor vehicle sales contract, and both parties shall hold one copy of the old motor vehicle transaction shall be filed with the industrial and commercial department before the vehicle can be changed or transferred. Please pay attention to whether the documents are complete and whether they are consistent with the owner's ID card. If there is any discrepancy, it should be changed by the original owner in advance;
2. After the contract is signed, the invoice for the transaction of the old motor vehicle will be issued, and the relevant costs shall be determined by the buyer and the seller through negotiation;
3. Go to the vehicle management office with the old motor vehicle transaction invoice and the old motor vehicle sales contract to change the vehicle driving and registration certificate or transfer the inspection and fight registration. Pay special attention to whether there are any violations or unhandled accidents in the trading vehicles;
4. With the changed registration certificate and vehicle driving license, go to the purchase surcharge hall to change or transfer the purchase fee;
5. Change the name or transfer of the owner of the road maintenance fee. Pay attention to check whether the purchase fee file is sound and whether the road maintenance fee is not paid.
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Legal analysis: The court auctions the car, and it cannot be used normally without being in the house, and the transfer process is as follows:
1. Present the relevant materials to receive the "Old Motor Vehicle Sales Contract" and fill it in;
2. Carry out vehicle inspection, number extension, plate removal, photographic processing, and fill in the "Inspection Record Form";
3. Pay the transfer fee;
4. Handle transfer acceptance;
5. After the transfer is accepted, get the receipt and pay the license fee;
6. Select the number, get a new license plate, a new driving book, a registration certificate, and pick up the car.
Legal basis: Article 21 of the Provisions on the Registration of Motor Vehicles of the People's Republic of China When the people's courts, people's procuratorates and administrative law enforcement departments confiscate and auction in accordance with the law, or are arbitrated and awarded by arbitration institutions in accordance with the law, or are mediated, ruled or judged by the people's courts for the transfer of ownership of motor vehicles, if the original owner of the motor vehicle fails to provide the current owner of the motor vehicle with the motor vehicle registration certificate, number plate or driving license, the current owner of the motor vehicle shall handle the transfer registration when the current owner of the motor vehicle handles the transfer registration. The "Letter of Assistance in the Enforcement of Tongchang False Knowledge" issued by the people's court that has not obtained the motor vehicle registration certificate, number plate or driving license shall be submitted, or the certificate issued by the People's Procuratorate and the administrative law enforcement department that the motor vehicle registration certificate, license plate or driving license has not been obtained.
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Legal analysis: The car has not been sold and the ownership has not been transferred, and the original owner is no longer liable for the accident. In the event of an accident, there is no responsibility with the original owner, keep the agreement signed by the sale of the car, and the other party will not have any impact on the original owner.
Legal basis: Measures of the People's Republic of China for the Registration of Motor Vehicles
Article 14 If the ownership of a registered motor vehicle is transferred, and the residence of the original motor vehicle owner and the current motor vehicle owner is in the same vehicle management area, the current motor vehicle owner shall, within 30 days from the date of transfer of the ownership of the motor vehicle, fill in the "Motor Vehicle Registration Application Form", apply to the vehicle management office of the motor vehicle jurisdiction for transfer registration with the following information, and submit the vehicle for inspection:
1) The identity certificate of the current owner of the motor vehicle;
2) Motor Vehicle Registration Certificate;
3) The origin of the motor vehicle is based on the certificate of return;
4) For motor vehicles released from customs supervision, the Certificate of Removal of Supervision of Vehicles under Customs Supervision of the People's Republic of China issued by the supervising customs shall be submitted;
5) "Motor Vehicle Driving License";
6) The standard of the motor vehicle applying for transfer registration**;
7) If it is necessary to change the registration number of the motor vehicle according to the regulations, the number plate of the motor vehicle shall also be returned.
Article 26 A registered motor vehicle shall apply for change of registration under any of the following circumstances:
1) The shirt and belt of the owner of the motor vehicle who changes his name or the name of the unit;
2) The address of the owner of the motor vehicle is changed within the jurisdiction of the vehicle management office;
3) Changing the color of the body;
4) Changing the engine or changing the type of fuel;
5) The damage cannot be repaired for any reason, and the body or frame of the same model needs to be replaced;
6) Due to quality problems, the manufacturer replaces the whole vehicle or the engine, body and frame of the same model to the owner of the motor vehicle.
Article 28 In the case of the first paragraph of Article 26 and the second item of the leakage collapse, the owner of the motor vehicle shall, within 30 days after the change, fill in the "Application Form for Motor Vehicle Registration", and apply to the vehicle management office of the jurisdiction of the motor vehicle for change of registration with the following information:
1) Proof of identity of the owner of the motor vehicle;
2) Motor Vehicle Registration Certificate;
3) "Motor Vehicle Driving License";
4) The standard for applying for a change of registration of a motor vehicle**.
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If the vehicle has not been licensed, there may be a problem, and it may not be possible to transfer the ownership, but can only be purchased as waste materials, which is relatively rare.
On the contrary, the vehicle has already been licensed, and the court will issue a civil ruling within the specified time after the consumer pays for the successful auction, and the consumer only needs to take the civil ruling and his ID card to the vehicle management office to transfer the ownership; Relatively speaking, policies and regulations vary from place to place, so it is recommended to consult the local traffic management department in advance.
Provisions on the court's auction of cars out of trial.
With my ID card and the court's auction certificate, I can directly go to the local vehicle management office to apply for the transfer of ownership, except for the vehicle auctioned by the court, and the car cannot be retried after three years of trial.
If the court has not communicated well with the vehicle management department in advance, then there is a risk in bidding for the vehicle auctioned by the court, because the court's auction announcement generally has a reminder that "all expenses such as the transfer of ownership of the auctioned vehicle shall be borne by the buyer in full".
De-audited vehicle ownership transfer process:
1. Invoice transaction: pay second-hand car transaction tax (1% for private households, 4% for public households);
2. Vehicle external inspection: drive the car to the car inspection office, the vehicle is inspected, extended, dismantled and photographed, the vehicle is collected, pasted on the inspection record form, and enters the transfer hall for filing procedures;
4. Transfer and move out: The materials required include motor vehicle registration, transfer, cancellation registration form, transfer application form, inspection record form, original motor vehicle property registration certificate, original driving license, original owner's ID card, original license plate number, vehicle ** and transaction market transfer invoice.
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Legal analysis: According to the motor vehicle registration regulations, the road traffic safety violations involving the vehicle should have been dealt with by the original owner of the vehicle before the registration of the transfer of ownership of the vehicle. However, for vehicles that enter the judicial auction process, the whereabouts of the original owner of the vehicle, that is, the person subject to enforcement, are often unknown, and sometimes even the actual driver of the violation cannot be determined.
Therefore, in the process of transferring the ownership of the vehicles through judicial auction, the buyer needs to bear the illegal deduction of points. Before applying for transfer registration, the road traffic safety violations and traffic accidents involving the vehicle shall be dealt with, but because the actual driver cannot be determined, only the owner of the motor vehicle may be punished, and no points will be demerited.
Legal basis: "Civil Procedure Law of the People's Republic of China" Article 247: After property is sealed or seized, the executor shall order the person subject to enforcement to perform the obligations set forth in the legal document within the specified period. Where the person subject to enforcement fails to perform within the time limit, the people's court shall auction the property that has been sealed or seized; Where the auction is not appropriate or both parties agree not to conduct the auction, the people's court may entrust the relevant unit to sell it or sell it on its own.
The state prohibits the free sale of goods, handed over to the relevant units in accordance with the provisions of the state for purchase.
Provisions on the Registration of Motor Vehicles Article 19 Where an application is made for transfer of registration, the current owner of the motor vehicle shall fill in an application form, submit the motor vehicle for inspection, and submit the following certificates and vouchers: (1) the identity certificate of the current owner of the motor vehicle; 2) Proof and voucher for the transfer of ownership of motor vehicles; 3) Motor vehicle registration certificate; 4) Motor vehicle driving license; 5) For motor vehicles under customs supervision, the Certificate of Removal 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 is beyond the validity period of the inspection, the motor vehicle safety technical inspection certificate and the compulsory insurance certificate of traffic accident liability shall also be submitted. If the current owner of the motor vehicle is domiciled in the area under the jurisdiction of the vehicle management office, the vehicle management office shall, within one day from the date of acceptance of the application, confirm the motor vehicle, check the vehicle identification number rubbing, review the submitted certificates and vouchers, withdraw the license plate and driving license, determine the new motor vehicle license plate number, endorse the transfer on the motor vehicle registration certificate, and re-issue the license plate, driving license and inspection mark.
If the domicile of the owner of the motor vehicle is not within the jurisdiction of the vehicle management office, the vehicle management office shall handle it in accordance with the provisions of Article 13 of the regulations of the group.
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Summary. Hello. First of all, after the auction is concluded, and the buyer has paid the full amount and the auction commission, the court will issue a court ruling and two notices of assistance in enforcement.
The court order and a notice of assistance in enforcement are handed over to the buyer by the auction company. Another notice of assistance in enforcement will be sent to the DMV. The buyer can go to the DMV with the above information and identity certificate and go through the transfer of ownership according to the requirements of the DMV.
Every car has a fixed hukou, just like us, the car hukou mainly registers the owner and address of the car, as well as some relevant car parameters. The transfer of ownership of the car proves that the car belongs to you and there is no accident and violation, but there are some problems with the general car, such as the car accident, not participating in the annual inspection, stealing the vehicle, smuggling the vehicle, etc., and the transfer of ownership cannot be carried out according to the normal procedures.
My vehicle was auctioned by the court and there was no transfer of ownership of the vehicle for two years after the auction.
Hello. First of all, the auction is sold at a loss, and after the buyer has paid the full amount and the auction commission, the court will issue a court ruling and two notices of assistance in enforcement. The court order and a notice of assistance in enforcement are handed over to the buyer by the auction company.
Another notice of assistance in enforcement will be sent to the DMV. The buyer can go to the DMV to sell Xiangfian with the above information and identity certificate, and go through the transfer according to the requirements of the DMV. Every car has a fixed hukou, just like us, the car hukou mainly registers the owner and address of the car, as well as some related car parameters.
The transfer of ownership of the car proves that the car belongs to you and there is no accident and violation, but there are some problems with the general car, such as the car accident, not participating in the annual inspection, stealing the vehicle, smuggling the vehicle, etc., and the transfer of ownership cannot be carried out according to the normal procedures.
Secondly, there is no transfer of ownership and it will not have an impact, because the debt has been transferred, and the accident of the vehicle driver has nothing to do with you.
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