Log book not in sellers name/address 'yet' - advice?
Discussion
Pistonheads, I need your advice please!
Went to see a car yesterday, all seems fine car is in good enough nick overall, full service history etc.
Afterwards went into sellers house to see the log book and service book. All stamps / MOTs match up but the log book is in another name and address. Seller seems a bit confused when I point this out, first expecting it was registered in son's business name and then saying it must still be registered in name of chap he bought the car from.
I know seller is who he says he is (seen a few bits of paperwork, post etc and checked facebook).. and he offered to send log book off the next day to get it transferred so it's in his name/address. Also, section 9 of the log book was missing...
Further check online afterwards revealed tax expired in October but it shows up insured on askMID (I checked that beforehand).
Also HPI check from main dealer on phone came up clear.
Went to see a car yesterday, all seems fine car is in good enough nick overall, full service history etc.
Afterwards went into sellers house to see the log book and service book. All stamps / MOTs match up but the log book is in another name and address. Seller seems a bit confused when I point this out, first expecting it was registered in son's business name and then saying it must still be registered in name of chap he bought the car from.
I know seller is who he says he is (seen a few bits of paperwork, post etc and checked facebook).. and he offered to send log book off the next day to get it transferred so it's in his name/address. Also, section 9 of the log book was missing...
Further check online afterwards revealed tax expired in October but it shows up insured on askMID (I checked that beforehand).
Also HPI check from main dealer on phone came up clear.
- Should I still be wary even if seller provides a new log book in his name?
- I'm assuming I shouldn't just buy car as is and transfer from the unknown chap on the log book to my name?
As above, the seller is probably a 'quiet' trader...or maybe his son is. If you call DVLA, they will tell you whether the car is registered as in the motor trade at the moment. This exempts the vehicle from SORN requirements when not on the road and not in use.
If father or son has motor trade insurance, it will be listed on MID because it is a requirement of these policies that all vehicles in the hands of the policy holder are declared.
Is the part of the V5 that is missing the yellow section from the top right of 2nd leaf? It's not always the case nowadays because this transfer can be done on-line, so the form is not always torn off (although it should be).
If you want the car, don't worry too much about getting it transferred into the seller's name as this just adds another owner to the list of previous owners. The V5 does not prove ownership, so as long as you get it transferred into your name pronto, which you will need to do to tax it for the journey home anyway, you should be fine. You can take comfort in knowing that this is the same process that you would follow if you were buying any used car from a dealer - you would not expect the car to have been registered to the dealership unless it is a demonstrator.
You should get a full invoice that includes the seller's full name and address, date of sale, full details of the car and your full name and address. You state that you have done an HPI, so you know it's not stolen and has no outstanding finance against its title and not on the VCAR register (although this only reflects on its value, not necessarily its title, unless it's a CAT B when it shouldn't be on the road, ever again).
Do not allow the seller to add the words 'Caveat Emptor', 'sold as seen' or 'private sale' if you care about whether you can hold the seller to account for his liabilities and responsibilities as a motor trader. Most don't know it, but if the car has been thoroughly described in the advert with words like, 'no faults, 100% reliable, or perfect engine and transmission' etc. they are assuming responsibilities under trading standards legislation. It may be difficult and expensive to hold a private seller to these reponsibilities, but it is possible to get compensation if the statements can be proven to be lies.
If father or son has motor trade insurance, it will be listed on MID because it is a requirement of these policies that all vehicles in the hands of the policy holder are declared.
Is the part of the V5 that is missing the yellow section from the top right of 2nd leaf? It's not always the case nowadays because this transfer can be done on-line, so the form is not always torn off (although it should be).
If you want the car, don't worry too much about getting it transferred into the seller's name as this just adds another owner to the list of previous owners. The V5 does not prove ownership, so as long as you get it transferred into your name pronto, which you will need to do to tax it for the journey home anyway, you should be fine. You can take comfort in knowing that this is the same process that you would follow if you were buying any used car from a dealer - you would not expect the car to have been registered to the dealership unless it is a demonstrator.
You should get a full invoice that includes the seller's full name and address, date of sale, full details of the car and your full name and address. You state that you have done an HPI, so you know it's not stolen and has no outstanding finance against its title and not on the VCAR register (although this only reflects on its value, not necessarily its title, unless it's a CAT B when it shouldn't be on the road, ever again).
Do not allow the seller to add the words 'Caveat Emptor', 'sold as seen' or 'private sale' if you care about whether you can hold the seller to account for his liabilities and responsibilities as a motor trader. Most don't know it, but if the car has been thoroughly described in the advert with words like, 'no faults, 100% reliable, or perfect engine and transmission' etc. they are assuming responsibilities under trading standards legislation. It may be difficult and expensive to hold a private seller to these reponsibilities, but it is possible to get compensation if the statements can be proven to be lies.
If its in the trade when you check to see if the car has tax the date shown is usually the date it was declared in the trade. Not every trade policy insists the car is on the MID some specifically state only the cars that are registered to the business for personal use need to go on.
I just want to say a big thank you to you guys who helped out 
Some great advice and all good knowledge for the future.
I had searched the mobile number and also said I was calling about "the car" when calling. From what I can figure out he is a very small time buyer/seller who picks up the odd bargain to punt on for a bit of profit. I called the DVLA, who confirmed that yes the car was in the the trade - good tip and really easy to do in future.
I have taken the decision to leave this one (interestingly, the guy has not contacted me since despite claiming he would fill out and send off the next morning).
If he had just come clean as soon as I noticed the log book, and said that he did the odd bit of buying and selling on this side... off the books etc - then I may well have gone ahead. I just had a gut feeling that if he couldn't be honest about that, what else might he be hiding re condition of the car etc.
Lesson learned for future to ask for a picture of the log book if traveling any distance and call DVLA or even just check road tax (not sure how I forgot that one. Onwards and upwards.
Some great advice and all good knowledge for the future.I had searched the mobile number and also said I was calling about "the car" when calling. From what I can figure out he is a very small time buyer/seller who picks up the odd bargain to punt on for a bit of profit. I called the DVLA, who confirmed that yes the car was in the the trade - good tip and really easy to do in future.
I have taken the decision to leave this one (interestingly, the guy has not contacted me since despite claiming he would fill out and send off the next morning).
If he had just come clean as soon as I noticed the log book, and said that he did the odd bit of buying and selling on this side... off the books etc - then I may well have gone ahead. I just had a gut feeling that if he couldn't be honest about that, what else might he be hiding re condition of the car etc.
Lesson learned for future to ask for a picture of the log book if traveling any distance and call DVLA or even just check road tax (not sure how I forgot that one. Onwards and upwards.
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