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Comicfactor
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Posted 3 Years, 2 Months ago #1
I sold a car and want to know when liability shifts to the buyer. The buyer is driving the car but has not registered it yet. I don`t even know if he is insured. I did everything I am supposed to do. Thanks, John
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Ramses
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Posted 3 Years, 2 Months ago #2
owned it? If not, you`d better have those plates removed from the car ASAP. If you turn in the plates to the DMV/RMV, that signifies that the car is no longer registered to the person who was issued the plates. If it hasn`t been registered to someone else, then it is an unregistered vehicle that is owned by someone else. In other words, not your problem, IF (and I`m assuming this is true) you can document the exact time that the sale was completed. -Dave
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[phuwadol]
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Posted 3 Years, 2 Months ago #3
And get a receipt from the DMV when you return the plates to them!
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kiksen
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Posted 3 Years, 2 Months ago #4
generally, the plates stay on it. At the time of the sale the seller completes a form from the DMV known as a "notice of release of liability". The buyer information, vehicle ID info, date, and the odometer reading is recorded on the form and the seller mails it to the DMV. Even if the new buyer never completes the new registration, the DMV computers will have record that liability was released on a certain date and mileage.
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Bronthulf Attara
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Posted 3 Years, 2 Months ago #5
I`d say if you transferred the title, it`s his problem not yours......then again, i`m not an attorney
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rufio
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Posted 3 Years, 2 Months ago #6
nate
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lefty
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Posted 3 Years, 2 Months ago #7
legal responsibility anymore. So when it is officially sold, that is when the liability shifts. Whether the new owner insures or registers it should be of no concern to you at that point.
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PopeAlien
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Posted 3 Years, 2 Months ago #8
I realized this once when I sold a car. About six months later, I got a parking ticket in the mail with my prior car`s info on it. I was fumed. I called the new owner asking why he hasn`t registered the car in his name. Said he didn`t have the time. What BS. Later, I had found the car had been rolled and a passenger almost injured. I trusted the guy now I don`t trust anyone I sell a car to. I immediately submitted a Notice of Non-Responsibility with the DMV and it was out of my hair. Now is do this EVERY TIME I sell a car.
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tom_waits
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Posted 3 Years, 2 Months ago #9
Liability shifted when you sold it.
BUT, if he has not transferred the title and registration, and he gets in an accident, YOU will be sued also. You will probably win, but only after paying lots of money to a lawyer.
Have you turned your plates in to the state motor vehicle agency ? If not, THEY will come after you for having an uninsured vehicle.
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phlean
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Posted 3 Years, 2 Months ago #10
gave a car away and our liability ended when we turned in the registration plate to the DMV and presented the receipt to our insurance company.
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DrZettl
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Posted 3 Years, 2 Months ago #11
Here in Washington, the seller fills out a form which notifies the state of the new owner. It must be submitted within a certain time after sale, IIRC.
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BlazinCheese
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Posted 3 Years, 2 Months ago #12
It`s difficult to research this situation for all the world and provide a correct answer. I can tell you that in most states, once ownership is transferred to the new owner, liability goes along with it. Ownership is transferred once the property is surrendered and compensation is paid. Of course, in the case of the title, it should be signed by the seller at that time. I`ve seen many cases where the new owner has not changed the title and there was an accident but in each case I`ve not seen the prior owner be held liable as long as the above-mentioned actions took place.
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wspone
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Posted 3 Years, 2 Months ago #13
If you transferred the title, under the law effective in your state, you are OK. If you merely signed the title, you are still liable as the owner. mike hunt
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f3@Rl3SS
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Posted 3 Years, 2 Months ago #14
If you sold him the car, and you cancelled your insurance off of the vehicle. Then it is the buyers responsibility to put insurance on it. And also if you signed over the title and took off the plates, then you are good to go. Once you sign over the title it is his responsibility to get it registered in his name.
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Missa
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Posted 3 Years, 2 Months ago #15
the DMV within 3 days, and include each other`s name and address. If you sent in your notice you should be off the hook, even if the buyer failed to send in his.
It helps to keep a copy of the notice, but it`s not required.
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BlazinCheese
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Posted 3 Years, 2 Months ago #16
In most, if not all cases, this is incorrect. Once the title is signed by a "seller" and compensation is given, the property is under the ownership of the "buyer". It`s another matter to have the name on the title changed by the state. If what you mentioned where true, I could sell you a vehicle and then an hour later take it back as I`m still the owner.
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SaintStryfe
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Posted 3 Years, 2 Months ago #17
live. In many states, including California, plates remain on the car, and do not reflect the status of the insurance.
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BlazinCheese
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Posted 3 Years, 2 Months ago #18
Yes... but liability as owner and the transfering of the title can be two different things.
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kiksen
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Posted 3 Years, 2 Months ago #19
state. Here, the buyer gets the signed title and it`s his repsonsibility to complete the transfer (we`re talking about private party sales).
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dionysus_myth
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Posted 3 Years, 2 Months ago #20
gets recorded. You hand them the keys, it is theirs. If they hit someone on the way home, before practical for the sale to be recorded, it is still a sale.
YMMV, IMHO, not legal advice, and all other standard disclaimers.
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VinceA
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Posted 3 Years, 2 Months ago #21
if the car is registered to YOU, then you have liability (along with the driver). That means, if you give this guy your car, and leave your plates on it, you`re on the hook.
If you take YOUR plates off of it and give him the car, and he sticks his own plates on it, HE`S on the hook.
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SaintStryfe
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Posted 3 Years, 2 Months ago #22
with the owner of record, I`m sure. So, for the purposes of this discussion, you are pointing out a distinction without substance.
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