# Selling a car



## Van17 (Mar 26, 2011)

Does anyone know the process for selling a car privately in Spain.
I am selling my car and I would like to know:

*is it the seller or buyer that has to go to DGT to get the relevant forms necessary to transfer the title-holder of the car. I've been told it is the buyer that must do this as he has to pay the tax to transfer the car to his name

*once the forms are signed, I am led to believe the buyer has 15 days in which to give me a copy of the permit that has his name as the new title holder. What happens if he don't give me a copy of this form within the 15 day deadline?

Any other tips and advise would be greatly appreciated.


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## gus-lopez (Jan 4, 2010)

Van17 said:


> Does anyone know the process for selling a car privately in Spain.
> I am selling my car and I would like to know:
> 
> *is it the seller or buyer that has to go to DGT to get the relevant forms necessary to transfer the title-holder of the car. I've been told it is the buyer that must do this as he has to pay the tax to transfer the car to his name
> ...


No you both go ! If he goes on his own there is the possibility that 
A) he won't go 
B) if he doesn't he's saved the transfer fee. The seller is liable for the transfer fee.
C) He will be running around in it in your name & the road tax will be down to you as will all the fines , etc.

If you are selling privately then the onus is on the seller to ensure that it is completely transferred to the buyer.


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## Van17 (Mar 26, 2011)

TYSM for your response
Who is actually responsible/pays for the transfer fee-the seller or the buyer?
The website for DGT says it's the buyer responsible for the transfer fee, but below you say it's the seller.
Clarification would be most appreciated, and thank you so much for all your help so far ;-)





QUOTE=gus-lopez;753604]No you both go ! If he goes on his own there is the possibility that 
A) he won't go 
B) if he doesn't he's saved the transfer fee. The seller is liable for the transfer fee.
C) He will be running around in it in your name & the road tax will be down to you as will all the fines , etc.

If you are selling privately then the onus is on the seller to ensure that it is completely transferred to the buyer.[/QUOTE]


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## tarot650 (Sep 30, 2007)

Van17 said:


> Does anyone know the process for selling a car privately in Spain.
> I am selling my car and I would like to know:
> 
> *is it the seller or buyer that has to go to DGT to get the relevant forms necessary to transfer the title-holder of the car. I've been told it is the buyer that must do this as he has to pay the tax to transfer the car to his name
> ...


Make sure you sign a baja in trafico(Dar De Baja).Like as previously said any road tax non payments or fines will be down to you which might not be a problem for one,two or even three years then suddenly you can find that you have had money taken out of your bank account plus a fine for non payment.I am afraid it's one of the nasty habits that the Spaniards have.Same thing can happen if you have a business here which folds and you don't cancel your social security.But,at the end of the day I know where I would rather live.I should not have really said one of the nasty habits that the Spaniards have as at the end of the day we are living in their country and we should know their laws.Hope your tafico is better than the Malaga one as that is a nightmare.


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## xicoalc (Apr 20, 2010)

Van17 said:


> TYSM for your response
> Who is actually responsible/pays for the transfer fee-the seller or the buyer?
> The website for DGT says it's the buyer responsible for the transfer fee, but below you say it's the seller.
> Clarification would be most appreciated, and thank you so much for all your help so far ;-


There are two things that have to be paid.

1) Fee to trafico to do the transfer, and
2) Tax to hacienda for selling the vehicle (Which i believe is about 4% of the sale price or value). They have a book value for cars, so if you sell a car for 10,000€ don't think you will get away with putting 500€ on the bill to save tax as they will just go off their value (which can even be more than you actually sold it for).

Who pays them is part of the negotiation but the tax is legally the responsibility of the buyer. I believe that this has to be paid and the receipt presented to trafico before they will transfer ownership.

Strictly speaking the responsibility is on the buyer to complete the transfer but as Gus said you should both go really to be completely sure it's done. Either way you should make sure that you produce a sales factura showing:

Both peoples NIE, Names, Addresses, Amount Paid for the car and the Date, Time (down to the second) and place that the sale and handover of the keys took place. Exchange copies of each others NIE's and passports. Both parties sign and get a copy of the factura/contract of sale.

If you do leave it to the buyer (which I don't recommend) to transfer then call Trafico after 2 weeks to check it has been done. It is the responsibility of the buyer to give you a paper form Trafico within 2 weeks to show they have done it, but if they don't you can call trafico to confirm. If this has not taken place then you should attend trafico personally with all teh documents including the contract of sale and then will remove your name from the car.

However you do it, the date and time to the second is important so if the buyer does get a fine after the sale you can proove you had given the car to the new person at this time. As Gus said though, always best to both go and get it done. Better still, employ the services of a Gestor to do it. They will charge anything from 60-150 euros but once they give you a justificante to show its being done you can relax!


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## xicoalc (Apr 20, 2010)

soulboy said:


> Make sure you sign a baja in trafico(Dar De Baja).Like as previously said any road tax non payments or fines will be down to you which might not be a problem for one,two or even three years then suddenly you can find that you have had money taken out of your bank account plus a fine for non payment.I am afraid it's one of the nasty habits that the Spaniards have.Same thing can happen if you have a business here which folds and you don't cancel your social security.But,at the end of the day I know where I would rather live.I should not have really said one of the nasty habits that the Spaniards have as at the end of the day we are living in their country and we should know their laws.Hope your tafico is better than the Malaga one as that is a nightmare.


A Baja (unless I am mistaken) is a document to declare the vehicle off road (like a SORN in the UK). This leaves it in the original owners name and does not transfer it. Many dealers do this when they buy a car as a way to avoid paying double tax- Baja it and don't do the transfer until they sell it then put it directly into the new persons name. Whilst legal its a risky business because if anyone test drives it then it is the responsibliity of the old owner!

Trafico informed me recently when I sold a car to a dealer that dealers can now part transfer it - ie baja it but completely remove the old owners name) and complete the transfer when they sell it (within 12 months) and then only pay the tax once.


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## tarot650 (Sep 30, 2007)

steve_in_spain said:


> A Baja (unless I am mistaken) is a document to declare the vehicle off road (like a SORN in the UK). This leaves it in the original owners name and does not transfer it. Many dealers do this when they buy a car as a way to avoid paying double tax- Baja it and don't do the transfer until they sell it then put it directly into the new persons name. Whilst legal its a risky business because if anyone test drives it then it is the responsibliity of the old owner!
> 
> Trafico informed me recently when I sold a car to a dealer that dealers can now part transfer it - ie baja it but completely remove the old owners name) and complete the transfer when they sell it (within 12 months) and then only pay the tax once.


Think you might be mistaken there.Baja is a discharge paper and the paper you get from Trafico is TASA 4:1.I am actually looking at mine at the moment.If there is a way to post it up I will put it up for everybody to see.The TASA 4.1 is a transfer paper into the new owners name and if you do get a fine it's from La Hacienda(tax office)and like I said it could be two or three years even as long as four years before you get it.In hindsight the best thing I can really say is,if people are unsure, get a good Gestoria or Abogado.Yes, you have to pay but at least it gives you a hundred percent peace of mind.Even after living here for 17years me and the missus learn something new every day.Have an enjoyable Semana Santa all.Hasta Luego.


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## xabiaxica (Jun 23, 2009)

soulboy said:


> Think you might be mistaken there.Baja is a discharge paper and the paper you get from Trafico is TASA 4:1.I am actually looking at mine at the moment.If there is a way to post it up I will put it up for everybody to see.The TASA 4.1 is a transfer paper into the new owners name and if you do get a fine it's from La Hacienda(tax office)and like I said it could be two or three years even as long as four years before you get it.In hindsight the best thing I can really say is,if people are unsure, get a good Gestoria or Abogado.Yes, you have to pay but at least it gives you a hundred percent peace of mind.Even after living here for 17years me and the missus learn something new every day.Have an enjoyable Semana Santa all.Hasta Luego.


you couls scan it and put it on as an attachment


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## tarot650 (Sep 30, 2007)

xabiachica said:


> you couls scan it and put it on as an attachment


got there


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## tarot650 (Sep 30, 2007)

soulboy said:


> Think you might be mistaken there.Baja is a discharge paper and the paper you get from Trafico is TASA 4:1.I am actually looking at mine at the moment.If there is a way to post it up I will put it up for everybody to see.The TASA 4.1 is a transfer paper into the new owners name and if you do get a fine it's from La Hacienda(tax office)and like I said it could be two or three years even as long as four years before you get it.In hindsight the best thing I can really say is,if people are unsure, get a good Gestoria or Abogado.Yes, you have to pay but at least it gives you a hundred percent peace of mind.Even after living here for 17years me and the missus learn something new every day.Have an enjoyable Semana Santa all.Hasta Luego.


this is one of my tasa 4.1 have 3 in all


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## tarot650 (Sep 30, 2007)

*Smudges*

Sorry about some of the smudges.Just the NIE number and other personal details.Sorry to say after living here for 17years we have made mistakes which have been costly but not too much.In particular 16years ago to do with a car.But back then there were not the forums to get any decent advice.What I would have give for an excellent forum like this one with all the excellent advice 99% of the time.Regards,The Soulboy.


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## anles (Feb 11, 2009)

soulboy said:


> Sorry about some of the smudges.Just the NIE number and other personal details.Sorry to say after living here for 17years we have made mistakes which have been costly but not too much.In particular 16years ago to do with a car.But back then there were not the forums to get any decent advice.What I would have give for an excellent forum like this one with all the excellent advice 99% of the time.Regards,The Soulboy.


This is for the transfer but it isn't a BAJA, you can have a temporary BAJA but while this is in place the vehicle can't be on the road, it's usually applied for in the vehicle has been stolen. But if you are going to export the vehicle you have to apply for one otherwise you will still be liable for road tax.


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## tarot650 (Sep 30, 2007)

anles said:


> This is for the transfer but it isn't a BAJA, you can have a temporary BAJA but while this is in place the vehicle can't be on the road, it's usually applied for in the vehicle has been stolen. But if you are going to export the vehicle you have to apply for one otherwise you will still be liable for road tax.


Oh deary,deary me I have put the wrong form up.I knew I should have gone to Specsavers.LOL.


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## tarot650 (Sep 30, 2007)

Yes,and you also need this form as proof that you are no longer the keeper.If I get chance tomorrow I will have a look through our paperwork for my other forms as we have kept every bit of paperwork for all the years we have lived here.As we never know we might just need it one day.


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