Can l a drive a car I’m buying if the V5 is with DVLA?
Discussion
Hi,
Buying a new car tomorrow, but the V5 is on it’s way back from the DVLA because the seller has put his private plate on retention. The car is taxed, MOT’ed and I did see the V5 before he sent off. My old car is been sold at the end of the week so need to drive my new one, question is can I drive it if I’m yet to sign the V5 an be registered as the new keeper? The seller is local and said i can take the car, but the owner we be still the owner, if I get pulled over have I got a leg to stand on? Any advice would be welcome.
Buying a new car tomorrow, but the V5 is on it’s way back from the DVLA because the seller has put his private plate on retention. The car is taxed, MOT’ed and I did see the V5 before he sent off. My old car is been sold at the end of the week so need to drive my new one, question is can I drive it if I’m yet to sign the V5 an be registered as the new keeper? The seller is local and said i can take the car, but the owner we be still the owner, if I get pulled over have I got a leg to stand on? Any advice would be welcome.
A V5 has nothing to do with who can drive a car. Anyone who is the owner or has the permission of the owner to drive a car can do so lawfully, if insured. The V5 identifies the registered keeper, that is all. If you buy the car, you will be the owner of it, not the seller. Once you own the car, you do not need the seller's permission to drive it.
Hint: every V5 says right on it that it is NOT proof of ownership. Why can't people get their heads around this?
Hint: every V5 says right on it that it is NOT proof of ownership. Why can't people get their heads around this?
Edited by anonymous-user on Tuesday 24th July 21:49
A receipt, a sale contract, or similar. Failing that, evidence of the transaction, such as emails, payment records, etc. Whenevr I buy or sell a car, I and the other party each sign a one page document recording the sale that I knock up on my laptop on the day of the handover. If you buy from a dealer, you will get whatever document the dealer generates. You should always insist on some document to record a sale, although it need not be a long or complex document.
Edited by anonymous-user on Tuesday 24th July 22:52
For example, for a bog standard private sale:-
AGREEMENT
This agreement is made between Barry the Chav (the Seller) and Rod the Spod (the Buyer) on [date] at Shed Cottage, Sheddington, Shedshire.
The Seller agrees to sell and the Buyer agrees to buy the Hoonster Hoonator Mark IX registration number HO01N (the Car) together with all its tools, equipment, manuals, documentary history, furry dice, naff stickers and bling for £9999 (the Price).
The Seller acknowledges receipt of the Price.
The Buyer acknowledges receipt of the Car.
The Car is sold as seen, inspected and tested, without warranty.
Signed
Seller
Buyer
AGREEMENT
This agreement is made between Barry the Chav (the Seller) and Rod the Spod (the Buyer) on [date] at Shed Cottage, Sheddington, Shedshire.
The Seller agrees to sell and the Buyer agrees to buy the Hoonster Hoonator Mark IX registration number HO01N (the Car) together with all its tools, equipment, manuals, documentary history, furry dice, naff stickers and bling for £9999 (the Price).
The Seller acknowledges receipt of the Price.
The Buyer acknowledges receipt of the Car.
The Car is sold as seen, inspected and tested, without warranty.
Signed
Seller
Buyer
Edited by anonymous-user on Tuesday 24th July 22:51
You are welcome. I hope the car is OK.
If you wanted to be extra cautious you might say:-
"The Car is sold as seen, inspected and tested, without warranty, save that the Seller warrants that he/she is entitled to sell the Car."
A warranty as to title would usually be implied, but making implications express is belt and braces.
If you wanted to be extra cautious you might say:-
"The Car is sold as seen, inspected and tested, without warranty, save that the Seller warrants that he/she is entitled to sell the Car."
A warranty as to title would usually be implied, but making implications express is belt and braces.
Edited by anonymous-user on Wednesday 25th July 07:41
I understand. Thanks.
Whenever I sell a car, I print this off the AA website (2 copies) and fill in the details and get the buyer to sign:
http://www.theaa.com/motoring_advice/car-buyers-gu...
Probably not worth the paper its printed on, but gives me a bit of peace of mind.
Whenever I sell a car, I print this off the AA website (2 copies) and fill in the details and get the buyer to sign:
http://www.theaa.com/motoring_advice/car-buyers-gu...
Probably not worth the paper its printed on, but gives me a bit of peace of mind.
Of course that is worth something; why shouldn't it be? It's a simple form of contract. Save in some contexts (a private car sale not being one of them), contracts need not be written at all, and need no special formality of language or content. I would insert the title warranty.
Note that if in fact a car was sold on the basis of an express misrepresentation, the seller can still be liable for that, as a tort, rather than a breach of contract.
Note that if in fact a car was sold on the basis of an express misrepresentation, the seller can still be liable for that, as a tort, rather than a breach of contract.
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