Does anyone konw the legal requirements/paperwork involved?
I.e Can someone sell their car to a dealer, who then become the legal owner/middle man and sell the same vehicle onto
a third party.
Is there any specific paperwork related to this?
What legal precautions should we take?

(I.e. I know our Gestor will tell us if the vehicle has any outstanding debts etc, but not sure if they check if it is legally the persons to sell???? )

I know in the UK anyone can fill in the Log book, get it back in their name (no charge), and then sell on again all perfectly legal/above board.
But we are aware there are taxes to be paid here, and checks to be made!

Any advice welcome…

Likewise, if I sell my car on to this/any other dealer… is there paperwork that makes them legally responsible and I have passed this on so I do not get stung if the new owner fails to pay any debts?  Or Must I make them sign a transferecia of ownership, then it is fully their responsiblity (and to get the new owner/third party to re-register the car in their name?)

Thanks again!

Not withstanding the above. (May not be needed now, but would still be good to know at some point!)

New Dilema:
I understood it was legally required that if you use a Gestoria to do the transfer into new ownership for you, they are responsible for checking that all documents are correct before proceeding with the transfer.  Incluing checking that the car has upto date road tax (and is free from fines etc).  There is also (or should be) a clause in the Bill of Sale (Compraventa), that also stipulates that the vendor is responsible for ensuring this is so too.

However… Having just struck a deal (and paid for in full) our ‘new’ second hand car, the dealer now refuses to issue or sign a compraventa, and we discover the road tax for this year has not been paid.  He is saying he will pay the first 3 months of this year, but we are liable to pay the other 9 months.
I think he is trying it on. Does anyone know the acutal law? 

The only upside is that the transfer seems to be going through and I am thinking of waiting till I have all car documents in my name before taking the matter further. (As the dealer has had our money and I want the car at least in my name!)

ps - The dealer insisted on paying the gestoria fees (I think I now know why!)  and he also paid for a new ITV. (Which I think he may also have been legally bound to do as it was being passed from a company registered vehicle to a private user? Either that or the car is 4yrs old and was due one?)

Any (positive) feedback welcome.

SJ
ps I do have a receipt for the full amount paid for the car and the ‘white slip’ that the transfer of ownership is going ahead.

The Gestor is just that and is legally obliged to carry out a professional job. Go to the Gestor involved and query the transaction I’m sure he will answer your doubts.

Thanks LRW.  I think I will do that once I have the original car documents in my hand.
Another ‘hitch/delay’ (when I called into the dealer to chase them), they told me the gestor had asked them for the
‘Pagado certificate’ from the leasing co to say they had paid for the car in full.  They should have done all this/at least put everything in place before going ahead with the sale (we started talking about buying the car from them pre Christmas).  But sadly I now find they are sloppy and not interested to get things moving.  Grrrr.

I am hoping I don’t have to do this - and that I have at least the ownership in my name before the 60 days is up/the white slip expires, but I am fairly conversant with the ‘hoja de reclamacion’ and the local consumer office. But hoping I don’t have to do all this aggro, but can see it on the cards re the road tax.

Sadly I have fallen foul of Brits trying to con Brits again down here. *Even tho I am a 10yr plus resident down here and thought I had ‘seen it all’. Arrrrrggggghhhh!!!!

Yep, I’ve seen it so many times. Some 26 years here have shown me a lot,mainly to follow the Spaniards when doing things. A Gestor has to be paid for but it’s quicker in the end. You need a friendly one, recommended by a Spanish friend. Best of luck

Happy ending?

Finally got all car papers back and in my name.
But it was certainly a ‘trial’ and a bit nail biting.

Have read somewhere else recently (an EOS post?) where the author explains what is a gestor/what they do.
However, they point out in big letters that anyone can set up as a gestor and they are not regulated????!!!!

My own car gestor is as good as they get, but as the transfer fees were included in the sale I had to go with the
car dealers choice.

Will remember to stand my gound a bit more in future!

(PS - Car dealer still refused to provide me with a compraventa, saying this is only given when he sells onto another dealer, who is then going to sell onto a third party.  I think this is absolute tosh, but at least I think I have got it covered by finally getting the docs in my name).

Finally got all car papers back and in my name.

But have you got the car?

Sadly I have fallen foul of Brits trying to con Brits again down here.

Bunch of rogues the lot of them…

fb

Si, Si FB.
I had the car from day one…. I was just never happy about the lack of proof of purchase/paperwork that the vendor was prepared to give me. (He just scribbled a receipt for the cash on his headed notepaper).

I guess I should have walked away from the deal, but we needed a work car and it was already logo’d with the co liverage (we bought it from the co’s leasing co).  We just didn’t expect this amount of hassle/worry! (Although I later found out that the co I work for owe this guy a lot of money. Once I heard this I wondered if he was playing tit for tat.)

These people!

Just to continue the story….
The road tax hasn’t been paid for this year on above car.  The dealers suggestion is that he will pay it in July (he reckons it is not issued by his local town hall before this date, but I know he is lying)...
and we will pay ‘our share’, i.e 9 months of it.  At first I was going to refuse, but since I found out it is only Eu 54 pa, then I
am happy to do this on this occasion!

Regarding the selling of my car etc…
I was told that if I took the compraventa to my local town hall (where I used to pay/was responsible for my own road tax), and give them a copy, advising them that I had now sold the car and any future fees were now the responsibility of the new owner.
(Can’t remember where I read this but thought it was worth a go to protect myself!).....
Only to be told, ‘A compraventa is not an official document from Traffico, it is a private contract between two individuals’.
Seems they would have accepted a copy of the ‘White transfer document’ as proof.

TIP - IF YOU EVER SELL A CAR - GET A COPY OF THE WHITE PAPER THAT IS ISSUED TO THE NEW OWNER AND TAKE THIS TO YOUR TOWN HALL.