Buying a secondhand car in Spain… oh no!!!
Posted: 23 May 2012 03:34 PM  
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I read the link below and many thanks: don’t go any further if you want to know about this, it is the best guide around. But, I know with forums that you have to split hairs otherwise meaning is totally lost, so I have a few questions.

http://www.spain.com/spain/information/buying_and_selling_a_second_hand_car_in_spain/

I live near Badajoz but want to buy a car near C?diz or M?laga… foolish I know but, hey!... that’s never stopped me

OK… assuming I follow what is in the above link, what local Jefatura De Tr?fico do me and the seller go to? If it’s my local office, the seller will not be very happy and refuse - not a problem though, if it’s where he lives, which I guess it probably is.

Just to be clear, when I leave the Jefatura De Tr?fico the Permiso De Circulaci?n will not be in my name?
If it isn’t, how long will it take and is it posted to me or the seller - the seller I suppose, otherwise I hold all the ‘cards’ but not the car.

In any case I will have to go back to C?diz or M?laga and pay the money less the deposit, pick-up the car and the Permiso De Circulaci?n in my name if the seller has it and not me.

Finally, its says above ‘... You need to be able to reclaim that down payment if the deal falls through at the Jefatura… ‘
Not sure how you’d get the money off a reluctant seller. Do you have listings here for ‘muscle’! I guess the safest thing to do is write a clause in the sales agreement between us that if the transfer fails the deposit is repaid.

UPDATE 13:50 horas 230512
I guess all this could be avoided if I employed a gestor, but can you tell me firstly if I should employ a gestor local to me or the seller - I guess the seller to reduce cost of travel, etc., and if it is sensible to employ the same gestor as the seller as he is more than likely to employ one too. I am thinking with the last query there may be a conflict of interest but I wouldn’t think that was appropriate in this case.

I don’t know how keen anybody is to answer this but my gratitude would be boundless and your welcome to stop in for a vino whenever your near Badajoz…

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Posted: 23 May 2012 05:35 PM   [ # 1 ]  
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Hi Tim

The car ownership transfer procedure gets even Spanish knickers tied up in knots. It is (as always) designed to keep as many civil servants in long term employment as possible.
(End criticism of Spanish system)
If you read my post carefully, you will see that all the real action takes place in the seller’s home turf. And that the day you will spend in the seller’s Jefatura will include a part where the car is transferred to the jurisdiction of your own Jefatura. See points 4 and 5 in the section headed “Beaurocratic process”.

When you get back home with the car, you have to go to your local Jefatura to finalise the transfer of location, and pay your local council tax (if this was not already paid when you were buying the car).

It is in the interests of both seller and buyer to have a simple contract (contrato de compra - venta) before this all starts, if possible. This will make sure that the seller does his part and that you do yours. Normally, one of the clauses in this contract is about you sending a photocopy of the permiso de circulaci?n now your own name to the seller, thus proving that all steps have been completed, and that the seller will not be liable for any charges or taxes to do with the car from that point on. If the seller does not receive this, he assumes the car is still in his own name, and he will automatically “dar la baja” - which would be very bad for the buyer.

I hope this helps

Algrif

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Posted: 23 May 2012 06:31 PM   [ # 2 ]  
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First, thanks for the reply it is clearer now, but…
secondly, more questions, questions, questions

OK… so really I should only have to go to C?diz or M?laga once and it should be possible (maybe over two or three days) to view, agree sale, pay deposit (although it’s only effective for a day or two during the visit) sign compra-venta, transfer the permiso de circulaci?n and obtain it with my name on, pay the remainder and drive the car away…

When I get home I finalise the transfer at my local Jefatura, send the seller a copy and register at the ayuntamiento to pay the annual tax.

Is this a correct reading of the situation? It seems increasingly foolishly simple (when written)... not to worry, I’ll make a note of all your warnings.

I think it is likely that we would both use a gestor… silly not to really. But is it advisable to use the seller’s gestor (conflict of interest, etc.), and if I do will he be immediately on hand to carry out the transfer during the two or three days I am in C?diz or M?laga or will he suck air through his teeth and say he is busy for a week or two, even a couple of days would be inconvenient.

If I use my own gestor, how is he booked, how much notice should he be given and what if I don’t buy the car and I don’t need him… are they quite flexible time-wise the way they operate?

Thanks
Tim

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Posted: 24 May 2012 12:06 AM   [ # 3 ]  
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This might help and it is up todate:
http://www.leisure-time.es/advice/6-advice/2-buying-a-second-hand-car-in-spain

(sorry its very Alicante focused but sure same applies in all areas)

Remember all forms can be downloaded from the DGT for free and will save you time before you get to local traffico.

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Rob
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Posted: 24 May 2012 01:13 AM   [ # 4 ]  
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Yes that’s great
Thank you

It would be good to know, finally, about anybody’s knowledge of gestors in this situation…

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Posted: 24 May 2012 01:17 PM   [ # 5 ]  
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BTW there is an error in 1st paragraph - NIE is for all foreigners with tax liabilities (not just non residents)

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Rob
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