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[PaulW]

Just after a quick question really for those clued up in this sort of thing...

Got my nans car which I'm going to be selling next week (well, advertising to sell), but she passed away in November '07, and its been sat in the garage since (Still taxed and MOT'd). My grandad has his own car so we all agree that my nans one is to be sold.

Now, the car is still in my nans name, so what are the legalities in selling it as is? To be honest it would just be a complete waste of time (in my opinion) re-registering the car in either mine or my grandfathers name before selling, as it will put the owner count up one (depreciating the value further) and also just waste time which could be used selling it.

Cheers

[SHARPEY]

Hi Paul

Just because the car is in your Grans name (sorry she has passed away) does not prove legal ownership. The V5 is only the registered keepers document and not a title of ownership so you should have no problems as long as you explain the situation to any potential buyer.

Hope this helps mate.

SHarpey.

[theowletman]

Just after a quick question really for those clued up in this sort of thing...

Got my nans car which I'm going to be selling next week (well, advertising to sell), but she passed away in November '07, and its been sat in the garage since (Still taxed and MOT'd). My grandad has his own car so we all agree that my nans one is to be sold.

Now, the car is still in my nans name, so what are the legalities in selling it as is? To be honest it would just be a complete waste of time (in my opinion) re-registering the car in either mine or my grandfathers name before selling, as it will put the owner count up one (depreciating the value further) and also just waste time which could be used selling it.

Cheers

As long as you have the legal right to sell the car, and from what you say it looks like you have,then no problems. Do all the usual common sense things such as - if it is cash go straight to the bank while the buyer is still present and pay it in, the bank will check its real!! If a cheque of any kind, even a bank draft, 5 working days to clear it. If the buyer wants to take the car away immediately and wants to pay by  cheque you can express it at a cost. Contrary to popular opinion a bank draft is not as good as cash, it only says that the drawer had sufficient funds in their account to cover the cheque at the time it was issued.Finally do not give the buyer the V5, you fill that in with the buyers details and post it personally, give the buyer the V5C/2 ( green bit ). This will prevent any comeback for speeding/parking/no tax etc. If the buyer is a motor trader send the yellow bit off, sale to the motor trade etc and give him the rest of the V5. Do not part with the entire V5, send at least one of the parts off to get the car out of your nans name, the seller is legally responsible for notifying change of keeper.

[PaulW]

Aye I know about the V5 stuff, sold 4 cars as is already, most recently 2 weeks ago (my old GSi).

Yeah will make sure everything is in order in regards to payment before the car is gone  Will be going on ebay, aswell as sat on the lawn on the front with some signage in so hopefully will shift within a week  

Well at least there will be no major issues then other than if someone tries to scam me, but I always make sure the buyer brings a recent utility bill AND there driving license just to help confirm there identity.  I know these can be faked still, but it just adds a bit more security on my part

[Jay w]

just to cover yourself please bear this in mind.

Was there a will? if so who was named as the executor to the will, this person has a legal right to discharge the property as a will is a legal document.

this was how it was explained to me when m mum died, i sold her car to the dealers and they anted to see the will (just to cover themselves no doubt)

that's the absolute worse case you would come across

[Marks DTM Calib]

Right, have done this recently....

What you have to do is complete the V5/V5C as per normal for a car sale but, when you (the seller) send the main form off you have to send a covering letter which explains your relationship to the deceased and the circumstances (the deceased details and date of death etc) plus the letter needs to be signed.

For ease I would recommend that your grandad signs the letter.

Then send the docs and letter to:

CR Team, DVLA, Swansea, SA6 7JL

The new keeper retains the green V5/2 or V5C/2 new keepers supplement as per normal.

And get the new keepers name, address and contact details to!

Remember that you also need to return the driving license of the deceased to DVLA to with a covering letter explaining the circumstances also!

If you get stuck, do a search, there is plenty of info!

The value gained for the car does need to be considered as part of Probate.....