Used car sold
V R SHROFF
(Querist) 31 January 2012
This query is : Resolved
I sold my used car, to one car mechanic
He paid me fully, taken delivery, signed it
He said, he will transfer it, after painting and repairs, after 15 days.
It also have "Advocate High Court" Logo on it.
My Question is, As Registration on my name until transfer, will I be Liable for any accident. illegal items found in car or used for any illegal, immoral purpose till it get transferred?
I signed and deliver all transfer Doc, but he did not put date or purchaser's name, which he said will put as and when he sell it within 15 days.
Any Advocate having dealt such case, experienced in this field dealing with Vehicle may kindly suggest me, if any action required to be taken, or and any risk involved??
prabhakar singh
(Expert) 31 January 2012
DO YOU HAVE ANY BILATERAL SALE DEED EXECUTED
WITH HIM.OF COURSE NOT?
THEN YOU DO NOT KNOW YOUR BUYER?
IT IS IN ITSELF A RISK?
YOU SHOULD TAKE A DELIVERY RECEIPT FROM THE MECHANIC TO PROVE HIS CUSTODY OF THE CAR AND GET EXECUTED THE BILATERAL POWER OF ATTORNEY DULY AUTHENTICATED SIGNED BY YOU BOTH GIVING HIM RIGHT TO SALE THE CAR TO ANY ONE FOR WHICH YOU HAVE SIGNED TRANSFER PAPERS AND BURDENING HIM WITH LEGAL CONSEQUENCES IN CASE ANY MISUSE OR ILLEGAL USE IS FOUND WITH RESPECT TO THE CAR FROM DATE OF DELIVERY TO HIM.
Raj Kumar Makkad
(Expert) 31 January 2012
Until and unless the registration certificate do not replace your name, you are fully liable for all consequences. So it is your duty only to persuade such buyer to change his name in the record of registrar of vehicles. You should at least obtain an affidavit from that mechanic against the delivery of vehicle for consideration.
V R SHROFF
(Querist) 31 January 2012
Prabhakarji,
I had taken his photograph, His copy of His Local Driving Livense, and Writting that he will be liable onwards. He signed all that and local resident with flat and garage.
As he has to sell to his client, it will not be transferred for 15 days . My risk is limited to this period, i believe. DELIVERY CHALLAN IS SIGNED AND DELIVERED TO ME.
My question is, Should I inform it to local Police or RTO, or take that risk??
Thanks.
Raj Kumar Makkad
(Expert) 31 January 2012
There is no need to intimate to RTO or police if you have delievery challan in you hand under his signature. a period of 15 days is no big problem.
ajay sethi
(Expert) 31 January 2012
how did you take the money by cash or cheque? if you have delivery challan signed by him you are safe.
send a reminder on your letter head after 15 days mentioning aforesaid facts that car has been sold to you on assurance that it would be transferred in name of buyer after 15 days . enclose copy of said letter to RTO /local police station as matter of abundant precaution .
Shonee Kapoor
(Expert) 31 January 2012
Agreed with experts, I don't see any hiccups.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 31 January 2012
Dear Sir V.R.SHROFF !
If it is so there is no need to inform any one RTO/POLICE as you have the delivery challan you should wait for 15 days.
Advocate. Arunagiri
(Expert) 31 January 2012
Mr.Shroff,
Thanks for not posting this query as anonymous.
When you have the proof of delivery, you are not liable for any unlawful act carried out using your vehicle.
V R SHROFF
(Querist) 31 January 2012
I think, we have to learn to post queries on our name to built up a team spirit.
Why should we be too reserved? and hide?
Let us also get benefit of this team , to solve our person problem among ourselves.
Thanks to all.
