Sales of Private Cars

The seller must deliver the car free of charge and the buyer must pay the agreed price

The law protects the buyer against eventualities such as hidden damage to the vehicle or charges, fines and unpaid taxes or judgments concerning it. However, it is always best to sign a contract of sale. Thus the Civil Code governs sales contracts between individuals in his articles from 1445 to 1525. Collect a series of rights and obligations of each party is basically on the seller's obligation to deliver the goods free of charge and the buyer to deliver the agreed price.

All experts recommend that both buyer and seller sign a sales contract. On the Internet, through a search, you can find simple models in which the data will have to change the headlines and the agreed price, but should be cautious, as some of these contracts can be thought of defending the interests of the parties.

Moreover, you can also go to the Ministry of Finance of the autonomous community and get the Model 430 Transmission Statement, which is a contract substitution model used vehicle sales between individuals. However, the best option remains the signing of a contract which may include clauses that express all the terms of the deal agreed between both parties.

The best option remains the signing of a contract which may include clauses that express all the terms of the deal agreed between both parties

Regarding the payment can be included in the contract clauses with the date, place and method of payment. If not specified, payment shall be made upon delivery of the goods, even after signing the contract. In this respect the Civil Code imposes certain obligations of the seller is not exempt or even on a clause in the contract. Any clause that seeks to cancel any of these obligations would be unfair and therefore illegal.

These are the following clauses:

- Compensation for eviction: It means that the seller is obliged to ensure the buyer legal ownership of the property. That is, protects the buyer if the car is affected by a sentence of condemnation or seizure or a car is stolen, for example.The seller is obliged to recover ownership of the property or compensation for damage and prejudice to the other party.

- Latent defects: The seller is obliged to inform the buyer of damage or latent defects present the vehicle. If not done, the buyer is entitled to cancel the contract, demand a decrease in the price set by experts or repair this damage by the seller. The only defense to this case is that the buyer is not diligent. It covers the following cases:
That the defect is obvious to any diligent person.
Let the buyer should have easily recognized the shortcomings of their profession or trade.

- Compensation for eviction of taxes and charges: the vehicle should not have taxes or unpaid fines or outstanding judgments. If the buyer hides these extremes, the seller shall be entitled to cancel the contract or provide a rebate proportional to existing burdens determined by experts.

Two steps required

Although not enshrined in the Civil Code, we must not forget that the sale of the vehicle requires two steps:

- Property Transfer fees, which are paid in the Ministry of Finance of the autonomous region. Finance is a table according to official valuation model and age vehicle.

- Fee for annotation of the new owner, in the Provincial Traffic Directorate General of DGT. (IV.1 rate, amount of 7.40 euros in 2007).
The two acts are to be performed in that order. In the DGT must submit, among other documents, proof of payment of Transfer Tax.