Selling without a V5

[PedoBear]

Question for all you chaps and chapettes In the know…

I have a vehicle that I’ve had a private registration on. On Friday last week (24/6/11) I filled in and sent off the form to have the registration put on retention. Obviously the V5 got sent away too for alteration.

I have the vehicle for sale and have had a lot of interest on it. I have 2 potential customers that would be prepared to buy the vehicle without the V5. Then when it returns, I fill it out and send it off to be put in their name.

What are the legalities of this situation? Would I be liable for any speeding/motoring offences committed on this vehicle whilst in the hands of the new owner? I would be fitting the original registration onto the vehicle which at this moment in time is not registered (until the V5 is returned from the DVLA). So would the offences be in my name?

I’m a bit confused on the whole situation. Can anyone shed any light on it? Or should I just tell the potential buyers “I can take a deposit and you can have the vehicle once the V5 is received”?

Thanks

[Risotto]

I've been forced to buy cars without the V5 before but it has no bearing on ownership. In the eyes of the police and insurers, proof of a financial interest in the car (e.g. a receipt) is enough to establish ownership.

It's in the best interests of both parties if the receipt is as comprehensive as possible. In addition to dates, amounts, etc, it does no harm to explicitly state on the receipt who is going to do what and when, e.g. 'the seller agrees to send the new keeper section of the V5 to the buyer and send the remainder to DVLA with the following new keeper details...etc...etc.'

Incidentally, why do people with private plates create these problems in the first place? Rather than waiting until they've found a buyer and rushing around trying to transfer their plate; why not do it before they advertise the car?

Edited by Risotto on Friday 1st July 10:36

[Moog72]

Based on very recent experience, the retention document and V5 will probably be back within a couple of weeks, so personally I'd wait. If the buyer is serious, they will wait too.

And yes, until you notify the DVLA of a sale / transfer, the car is still registered to you (even though you aren't now technically the owner), so if anything happens, they will be coming to you first.

As I am in this process right now, does anyone know if you send documents (like the sale slip) to the DVLA recorded signed for whether it does actually get signed for? Posted mine Monday 1st class, still not showing as delivered on the Royal Mail site

[Zwoelf]

From the notes on the V317 form you will have filled out to retain the number:

V317 said:

To transfer or retain a vehicle registration number the following must apply:

• To retain, the vehicle must exist and be registered at DVLA
• The vehicle must be available for inspection
• You must be the registered keeper of the vehicle
• You must not sell or get rid of the vehicle until you recieve a replacement V5C. If you do sell or get rid of the vehicle before you get a replacement V5C, the new keeper is entitled to keep the vehicle registration number if they want to.

Take the deposit and wait. The car will be reassigned an age-related plate within 7 working days normally, the V5C will come back in your name normally in 10-15 working days.

[dooosuk]

I recently sold a car without the V5 whilst I was waiting for it to come back.

I just wrote a comprehensive sale of receipt including date and time of sale and we both signed and dated a copy. I said I'd notify when re-registered so they could put the original plates back on (I provided them in the sale) and he could then bin my private plates (as they'd gone crap anyway).

I had no problems.

[4sure]

dooosuk said:

I recently sold a car without the V5 whilst I was waiting for it to come back.

I just wrote a comprehensive sale of receipt including date and time of sale and we both signed and dated a copy. I said I'd notify when re-registered so they could put the original plates back on (I provided them in the sale) and he could then bin my private plates (as they'd gone crap anyway).

I had no problems.

agreed i have done this twice in the last 2 years,it is all in the receipt.

[PedoBear]

4sure said:

agreed i have done this twice in the last 2 years,it is all in the receipt.

But would a receipt be enought to the police/DVLA if the new owner committed an offence on it?

[Risotto]

PedoBear said:

4sure said:

agreed i have done this twice in the last 2 years,it is all in the receipt.

But would a receipt be enought to the police/DVLA if the new owner committed an offence on it?

I don't see why not, as long as it includes the date of sale. Presumably if they required further proof, you could provide bank statements, etc.

[PedoBear]

Risotto said:

I don't see why not, as long as it includes the date of sale. Presumably if they required further proof, you could provide bank statements, etc.

Will be a cash in hand transaction (£700) so no bank details there.


Could i possibly sell it without the number plate on it then post them the reg plate once the log book has been returned? Would this be a safe option?

Had endless ammounts of phone calls for people wanting to come buy it without the V5 and the cash would be really helpful right about now.

[denniswise9]

I have bought 2 cars without V5's - had them posted to me afterwards.

[christofmccracke]

Write up a contract stating you sold the car to buyer, at the end of the day the v5 isnt proof of ownership

[Zwoelf]

PedoBear said:

Could i possibly sell it without the number plate on it then post them the reg plate once the log book has been returned?

Little point as then they still can't drive it any sooner than if they wait for the V5C, it's just sat going nowhere at their house instead of yours.