# What to do with an imported car when one dies



## grito (Mar 1, 2011)

A friend and his partner each brought a car into Mexico, now the partner has died. The partner had already signed the title so now the survivor just has to date and sign it and the car is his.
The friend is thinking getting of South Dakota plates but I can't see how that will help as how would he get an import sticker as he already has one? This must happen fairly often what do people do? I'm thinking one car has to be taken back to the border and nationalized or is there some other solution?


----------



## RVGRINGO (May 16, 2007)

Since only one 'importada temporal' is permitted, one car must leave Mexico. The survivor should carry the death certificate and the signed title. He may need a special permit to drive the car out of Mexico & should contact Aduana for the requirements. Assuming that they aren't related, he shouldn't be driving the vehicle in the meantime. The signed title is technically and illegal sale of the vehicle in Mexico. This could become a 'can of worms'.


----------



## grito (Mar 1, 2011)

Thanks, some good points. Why would he need a permit to drive it out of Mexico? If he doesn't stop at the border to have the sticker removed no one will know anything about it. As for driving it Intercasa has posted that anyone with the same or similar visa can drive it-no relationship required. 



RVGRINGO said:


> Since only one 'importada temporal' is permitted, one car must leave Mexico. The survivor should carry the death certificate and the signed title. He may need a special permit to drive the car out of Mexico & should contact Aduana for the requirements. Assuming that they aren't related, he shouldn't be driving the vehicle in the meantime. The signed title is technically and illegal sale of the vehicle in Mexico. This could become a 'can of worms'.


----------



## ReefHound (Aug 9, 2010)

grito said:


> Thanks, some good points. Why would he need a permit to drive it out of Mexico? If he doesn't stop at the border to have the sticker removed no one will know anything about it. As for driving it Intercasa has posted that anyone with the same or similar visa can drive it-no relationship required.


I would think the reason is obvious - he could get stopped along the way to the border at an inspection roadblock or by a patrol cop. Authorities might not notice, might not care, might expect a mordita, or you never know when someone might actually decide to do their job properly... Why take the chance?


----------



## grito (Mar 1, 2011)

I don't understand why he would need a permit to drive it out as he supposedly can drive it legally. If someone stops him everthing is okay-no?


ReefHound said:


> I would think the reason is obvious - he could get stopped along the way to the border at an inspection roadblock or by a patrol cop. Authorities might not notice, might not care, might expect a mordita, or you never know when someone might actually decide to do their job properly... Why take the chance?


----------



## ReefHound (Aug 9, 2010)

grito said:


> I don't understand why he would need a permit to drive it out as he supposedly can drive it legally. If someone stops him everthing is okay-no?


Why do you think he can legally drive it? On the back of the permit (the actual permit not the sticker) is the clause in both English and Spanish that details the rules. Authorized drivers are immediate family (spouse, parents, children, etc.), others require the permit holder to be physically present in the car.

The first post referred to him as "partner". Now I suspect they were a same sex couple who considered themselves as married, and while that is legal in Mexico, you still have to be able to prove it. If he in fact does have some kind of legal document identifying himself as the spouse, then he might be ok on that grounds. Nothing has been said to indicate this.

Even if that hurdle is jumped, there remains the fact that he signed over the title which might constitute a sale, which is also explicitly prohibited on the back of that permit.

The key thing to remember in dealing with anything legal is that you not only have to meet the requirements but be able to prove that you meet the requirements.


----------



## ReefHound (Aug 9, 2010)

Why is there this reluctance to get the temporary permit? 

It's free. Click here for info.


----------



## grito (Mar 1, 2011)

The restriction on who can drive such vehicles was changed quite awhile ago. From Rolly "The vehicles can be driven in Mexico by the importer, his or her spouse, their parents and grandparents, etc, their decedents, their brothers or sisters, even when those relatives are not foreigners [see note below], or by a foreigner who has the same immigration category as one of those herein referenced, or by ....Such vehicle is authorized to make multiple exits and returns from and to Mexico.
So his partner can drive it and spouse has nothing to do with it.
He hasn't signed over title yet and I don't hink he should so that isn't relevent.


ReefHound said:


> Why do you think he can legally drive it? On the back of the permit (the actual permit not the sticker) is the clause in both English and Spanish that details the rules. Authorized drivers are immediate family (spouse, parents, children, etc.), others require the permit holder to be physically present in the car.
> 
> The first post referred to him as "partner". Now I suspect they were a same sex couple who considered themselves as married, and while that is legal in Mexico, you still have to be able to prove it. If he in fact does have some kind of legal document identifying himself as the spouse, then he might be ok on that grounds. Nothing has been said to indicate this.
> 
> ...


----------



## ReefHound (Aug 9, 2010)

grito said:


> As for driving it Intercasa has posted that anyone with the same or similar visa can drive it-no relationship required.



Not true. They can drive it only if the permit holder is in the car at the time.

Go ahead and go by Rolly if you want. He's a good guy and his info is usually good so I think somebody misunderstood what he said. I'm looking at the back of a permit issued just last October. See attached.


----------



## grito (Mar 1, 2011)

I've tried to post the actual law but this board won't let me post the URL Article 106, Section IV, A clearly states that a foreigner with an eqivalent visa can drive it and the permit holder DOES NOT need to be in the car. Only when the car is driven by a Mexican does the permit holder need to be in the car.


ReefHound said:


> Not true. They can drive it only if the permit holder is in the car at the time.
> 
> Go ahead and go by Rolly if you want. He's a good guy and his info is usually good so I think somebody misunderstood what he said. I'm looking at the back of a permit issued just last October. See attached.


----------



## RVGRINGO (May 16, 2007)

Grito is correct in his last post, #10. The problem is that the driver apparently does not have written permission of the 'owner' and might not be on the insurance policy either. He might also need to have the 'owner's' INM document and passport to get a receipt for the sticker. Any 'misunderstanding' by an official can result in confiscation of the car and possible arrest of the driver until 'things are sorted out'. Keep it simple; take the death certificate and other paperwork to local Aduana and ask for a permission letter to allow the car to be removed from Mexico; assuming that the survivor is 'in charge', as in executor or heir. That's just my opinion. Maybe a notario could offer some advice.


----------



## grito (Mar 1, 2011)

If this were my own problem I would be cautious as RV ****** suggests but I am beginning to see that my friend is a bit of a cowboy (he is above the Mexican law). The latest-he has been to see a facilator who has recommended that he; sign and date the title so that the vehicle is transferred to him, apply for a sticker online and get South Dakota plates!? The facilator says that since my friends vehicle was brought in on his old passport the car that did belong to the deceased will be tied to the new passport that he now has and no connection can be made as the two passports have different numbers. All of this without leaving Mexico!


----------



## ReefHound (Aug 9, 2010)

That's going to fail, or should, as the vehicle VIN is tied to the permit and when he inputs the VIN for the new permit it is going to show as already having an outstanding permit. The car permit is one thing in which they are computerized and pretty accurate.


----------



## grito (Mar 1, 2011)

The facilator says the permit is now tied to the passport number not the VIN. Who knows?


ReefHound said:


> That's going to fail, or should, as the vehicle VIN is tied to the permit and when he inputs the VIN for the new permit it is going to show as already having an outstanding permit. The car permit is one thing in which they are computerized and pretty accurate.


----------



## RVGRINGO (May 16, 2007)

I am always amazed by the amount of misinformation provided by lawyers and 'facilitators' in Mexico. Yet, I do understand the very polite cultural imperative of telling you what you want to hear; and avoiding saying 'no' or giving bad news, at any cost. All of this can lead to avoidance of action followed by the ubiquitous shrug of the shoulders.
Much of this can be avoided by using common sense and logic. Having some Spanish helps a lot.


----------



## ReefHound (Aug 9, 2010)

grito said:


> The facilator says the permit is now tied to the passport number not the VIN. Who knows?


When you apply for an online permit the form requires you to input a VIN and a passport number. Both are in the system and their computers could easily search on both. I can't speak to how exactly things are done within Aduana but I can't see why they wouldn't search both. It's trivial "work" for computers.


----------



## grito (Mar 1, 2011)

That makes sense to me but....
This friend is a lawyer so you would think he would think all these things through. I will post what comes of this-it may take awhile.


ReefHound said:


> When you apply for an online permit the form requires you to input a VIN and a passport number. Both are in the system and their computers could easily search on both. I can't speak to how exactly things are done within Aduana but I can't see why they wouldn't search both. It's trivial "work" for computers.


----------

