Buying car from deceased person?
Buying car from deceased person?
Author
Discussion

harry9s

Original Poster:

1 posts

74 months

Monday 27th July 2020
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I've been looking for a particular car for several weeks now and found one of the spec I want advertised on Shpock, which I've used to buy something before (carbon copy of gumtree basically).

It's priced a few hundred above what AutoTrader reckons it's private list price should be, has a full service history and looks to be in very good condition from the photos.

I'm interested, so I start messaging the guy about it, and this is the conversation we end up having:



His reasoning for selling is obviously fair, but how does this work in terms of who legally owns the car? My understanding is that when someone dies, probate has to be sorted first, but I've seen some stuff online saying that the rules are different for cars.

If I got transferred as the registered keeper on the v5c, from the DVLA's point of view, isn't that a done deal? (I know the owner and registered keeper aren't the same thing)

It's very easy to just paint this as a dodgy sale, but I'm not sure it is. Although I haven't paid for an HPI check on it (yet), the mot and tax history support what he's saying, as it has been untaxed since the end of May.

Any advice?

AlwynMike

561 posts

116 months

Monday 27th July 2020
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Can't read the conversation, but if probate hasn't been granted yet, or indeed not needed, there will be a death certificate to match up with the V5.
As a double check, thec (unproved) will should show the name of the executors. These are the only ones who would have the authorisation to sell the vehicle.
Obviously get a decent receipt!!

Wooda80

1,743 posts

104 months

Monday 27th July 2020
quotequote all
AlwynMike's reply hits the nail on the head and hopefully answers Harry's concerns.

But Harry's question raises the issue of how any of us can be certain that the person ( or company ) from whom we are buying has the right to sell those goods confused

durbster

12,038 posts

251 months

Monday 27th July 2020
quotequote all
I sold my Dad's car after he died and didn't do anything complicated. I just signed the V5 with my own name and I think I wrote a letter when I sent the form to the DVLA explaining the situation. That was about it.

The buyer didn't have to do anything different to usual.

I suppose it'd only be an issue if there was an objection from somewhere.

Mr-B

4,956 posts

223 months

Monday 27th July 2020
quotequote all
Nothing much to add to what has already been said but you can send paperwork to DVLA marked for the attention of the sensitive casework team who handle all the deceased cases.