IPB
Welcome Guest
Log In | Register

AUSTRALIA
PHILIPPINES
WESTERN EUROPE
 Registered owner of vehicle

OKnamlarry
post Jan 19 2009, 02:03 PM
Post #1

Member
**

Group: Member50
Posts: 272
Joined: 3-January 05
Member No.: 558



May I share this:

"The registered owner of any vehicle, even if he had already sold it to someone else, is primarily responsible to the public for whatever damage or injury the vehicle may cause."

It is then important that when you sell your vehicle, please make sure that the registration papers will be transferred in the name of the buyer.
Go to the top of the page
 
+Quote Post
3 Pages V   1 2 3 >  
Start new topic
Replies (1 - 14)

ECG
post Jan 19 2009, 08:58 PM
Post #2

Mud Wrestler
***

Group: Member50
Posts: 6,284
Joined: 17-August 03
From: QLD Australia
Member No.: 33
Gender:


you mean walang kwenta yung deed of sale signed by both parties?
as a seller, how will you make sure that the buyer will transfer it under his name?
Go to the top of the page
 
+Quote Post

rob
post Jan 20 2009, 02:38 AM
Post #3

Member
**

Group: 4x4PH Moderator
Posts: 2,621
Joined: 8-September 04
Member No.: 420
Gender:


from my Wheels Of Justice column in BBC Top Gear Philippines magazine, mid-2008.

Liability of Vehicle Registered Owner

Question:

I sold my car a few years ago to a used car dealership, by signing a Deed of Sale with the name of the buyer in blank. The car was recently involved in a serious accident. The heirs of the victim are suing me to pay them because I am still the registered owner of the car in the LTO records. Am I liable?

Answer:

Yes, you are directly and primarily responsible to the heirs of the victim and to the public because you are the registered owner of the car.

It is a common practice for a used car dealership or “buy & sell” business to require the seller to sign a Deed of Sale with the name of the buyer in blank. This allows the “buy & sell” agent to sell the car direct to his still to be identified buyer.

Often times, the reason given for the practice is to avoid the process and expense of securing a clearance from Philippine National Police-Traffic Management Group (PNP-TMG), and transferring the registration at the Land Transportation Office (LTO).

Eventually the buyer does not register his purchase with the LTO, thus the previous owner remains the registered owner in LTO records. After several changes in ownership in the course of a few years, it is possible for the original owner to remain the registered owner.

Under the Land Transportation and Traffic Code, no motor vehicle shall be used or operated on or upon any public highway of the Philippines unless the same is properly registered in the name of the actual legal owner.

The registered owner of the car is held liable to the heirs of the victim because of the negligence of the driver, even if the registered owner was no longer the owner of the vehicle at the time of the incident having previously sold it to a buyer.

The main purpose of car registration is the easy identification of the owner who can be held responsible for any accident, damage or injury caused by the car. Easy identification prevents inconvenience and prejudice to a third party injured by one who is unknown or unidentified. However, the registered owner may still recover from the person to whom he had actually sold the car the amount he may pay the heirs of the victim.

The public has the right to assume that the registered owner is the actual owner, for it would be difficult for the public to enforce the actions that they may have for injuries caused to them by the vehicles being negligently operated if the public should be required to prove who the actual owner is. The public or third persons have no other way of knowing against whom to enforce their rights in case of subsequent transfers of the vehicles.

Reminds me of what a “buy & sell” agent told me – “Used car for sale by the first owner”. I replied, “How many unregistered owners?”
Go to the top of the page
 
+Quote Post

ECG
post Jan 20 2009, 08:41 AM
Post #4

Mud Wrestler
***

Group: Member50
Posts: 6,284
Joined: 17-August 03
From: QLD Australia
Member No.: 33
Gender:


rob,

what if both parties signed a deed of sale and buyer did not transfer it under his name? can the seller just show the authorities the notarized deed of sale to show proof that he sold it and the buyer failed to transfer it? i also heard that LTO now requires identification cards of previous owner. dami daw kasing bogus names with bogus address.

lastly, what to have to do to protect ourselves if we want to sell our cars to a buy and sell dealer who is willing to buy our unit only if we sign a deed of sale with the buyer's name in blank? same case as you posted.
Go to the top of the page
 
+Quote Post

OKnamlarry
post Jan 20 2009, 09:15 AM
Post #5

Member
**

Group: Member50
Posts: 272
Joined: 3-January 05
Member No.: 558



Quoted hereunder is the explanation of the ruling why a registered owner remains liable:

“Were a registered owner allowed to evade responsibility by proving who the supposed transferee or owner is, it would be easy for him, by collusion with others or otherwise, to escape said responsibility and transfer the same to an indefinite person, to one who possesses no property with which to respond financially for the damage or injury done. A victim of recklessness on the public highways is usually without means to discover or identify the person actually causing the injury or damage. He has no means other than by recourse to the registration in the Motor Vehicles Office to determine who is the owner. The protection that the law aims to extend to him would become illusory were the registered owner given the opportunity to escape liability by disproving his ownership.”

Hence, even if a notarized deed of sale or any document for that matter, was already prepared and/or executed, the liability/responsiblity remains with the registered owner. What matters is the transfer of the registration of the papers in the name of the buyer.

I hope this will help answer the related queries.
Go to the top of the page
 
+Quote Post

larshell
post Jan 20 2009, 09:32 AM
Post #6

Member
**

Group: Member50
Posts: 609
Joined: 20-September 05
Member No.: 992



IMHO, This is one good reason why we should require our buyer to transfer ownership of our sold vehicles. It is also better if you shoulder the expenses and processing for transfer of ownership when selling a vehicle. This is my practice now.

Having a Notarized Deed of Absolute Sale is better than nothing. It is your evidence that you already sold your vehicle. You can sue your buyer while the other party sue you.


--------------------
user posted image

Go to the top of the page
 
+Quote Post

ojcm
post Jan 21 2009, 03:48 PM
Post #7

Member
**

Group: Member50
Posts: 137
Joined: 29-January 08
Member No.: 3,895
Gender:


pano kung car plan where the car is in the name of the company?

or financed by a bank?

is the company or bank liable in an accident?
Go to the top of the page
 
+Quote Post

OKnamlarry
post Jan 21 2009, 06:16 PM
Post #8

Member
**

Group: Member50
Posts: 272
Joined: 3-January 05
Member No.: 558



QUOTE (ojcm @ Jan 21 2009, 03:48 PM) *
pano kung car plan where the car is in the name of the company?

or financed by a bank?

is the company or bank liable in an accident?


YUP. So long as the bank or company is the registered owner. May I further share the following related ruling regarding the responsiblity/liability of the registered owner of the vehicle:

"Whether the driver is authorized or not by the actual owner is irrelevant to determining the liability of the registered owner who the law holds primarily and directly responsible for any accident, injury or death caused by the operation of the vehicle in the streets and highways. To require the driver of the vehicle to be authorized by the actual owner before the registered owner can be held accountable is to defeat the very purpose why motor vehicle legislations are enacted in the first place."

"The main purpose of vehicle registration is the easy identification of the owner who can be held responsible for any accident, damage or injury caused by the vehicle. Easy identification prevents inconvenience and prejudice to a third party injured by one who is unknown or unidentified. To allow a registered owner to escape liability claiming that the driver was not authorized by the new (actual) owner results in the public detriment the law seeks to avoid."
Go to the top of the page
 
+Quote Post

ECG
post Jan 21 2009, 06:36 PM
Post #9

Mud Wrestler
***

Group: Member50
Posts: 6,284
Joined: 17-August 03
From: QLD Australia
Member No.: 33
Gender:


edi ang hirap pala talaga pag red plate kabangga mo? may pambayad ba mga yun?
Go to the top of the page
 
+Quote Post

kalawang
post Jan 21 2009, 07:09 PM
Post #10

Member
**

Group: Member50
Posts: 3,174
Joined: 16-April 04
Member No.: 272

Rig(s):
SUVIC LC80
4" LIFT 33" WRANGLERS
WARN 8T WINCH
TJM SNORKLE




The solution is really to sell your cars directly rather than to a dealer. An alternative is to leave the car on consignment and have the dealer make the transfer when sold.


Kalawang
Go to the top of the page
 
+Quote Post

rob
post Jan 21 2009, 11:28 PM
Post #11

Member
**

Group: 4x4PH Moderator
Posts: 2,621
Joined: 8-September 04
Member No.: 420
Gender:


REPLY IN CAPS BELOW.

QUOTE (ECG @ Jan 20 2009, 08:41 AM) *
rob,

what if both parties signed a deed of sale and buyer did not transfer it under his name?

REGISTERED OWNER IS LIABLE.

can the seller just show the authorities the notarized deed of sale to show proof that he sold it and the buyer failed to transfer it?

BE READY TO SHOW IT ALL THE WAY TO THE JUDGE IN A COURT CASE. REGISTERED OWNER IS STILL DIRECTLY LIABLE TO THE VICTIM. VICTIM SUES THE SELLER; SELLER SUES THE BUYER. THIS ASSUMES YOU KNOW THE WHEREABOUTS OF THE BUYER.

i also heard that LTO now requires identification cards of previous owner. dami daw kasing bogus names with bogus address. lastly, what to have to do to protect ourselves if we want to sell our cars to a buy and sell dealer who is willing to buy our unit only if we sign a deed of sale with the buyer's name in blank? same case as you posted.

THE ONLY WAY IS THE CORRECT WAY. SELLER SHOULD REGISTER THE CAR IN THE NAME OF THE BUYER, EVEN IN THE NAME OF THE "BUY & SELL" BUYER.


IN CASE YOU ARE PATIENT ENOUGH TO READ LEGALISTIC MUMBO-JUMBO, CLICK ON THE LINK TO READ THE RELEVANT CASES: --

http://www.supremecourt.gov.ph/jurispruden...2001/128705.htm
http://www.supremecourt.gov.ph/jurispruden...2004/144274.htm

NOTE THE AMOUNTS INVOLVED AND THE NUMBER OF YEARS INVOLVED.


This post has been edited by rob: Jan 21 2009, 11:37 PM
Go to the top of the page
 
+Quote Post

rob
post Jan 21 2009, 11:48 PM
Post #12

Member
**

Group: 4x4PH Moderator
Posts: 2,621
Joined: 8-September 04
Member No.: 420
Gender:


QUOTE (ECG @ Jan 21 2009, 06:36 PM) *
edi ang hirap pala talaga pag red plate kabangga mo? may pambayad ba mga yun?

yup, that is a problem! prayers and good luck charms might help. you can still sue the driver himself; assumes he is identifiable, available and has enough assets to pay you after looonng litigation.

on a related matter, the LTO requires that a transfer of ownership be registered within 6 months from date of notarization. if late, a new notarization is required and the payment of a late penalty.
Go to the top of the page
 
+Quote Post

Subic_Chef
post Jan 22 2009, 08:22 AM
Post #13

Member
**

Group: Member50
Posts: 1,090
Joined: 5-October 05
From: Subic
Member No.: 1,028



What are the consequences of not registering your car when its purchased?
Go to the top of the page
 
+Quote Post

wolf den
post Jan 22 2009, 08:45 AM
Post #14

Mud Wrestler
***

Group: 4x4PH Moderator
Posts: 9,042
Joined: 18-August 03
From: San Juan M.M., Tanay Rizal, Kalinga and Apayao
Member No.: 37

Rig(s):
"some 4x's"
Gender:


It could be as simple as unauthorized use of the vehicle all the way to carnapping.... Ill leave the details to rob since he is the lawyer here........


--------------------


landcraft@4x4ph.com, wolfpackinc@landcraft4x4.com
Go to the top of the page
 
+Quote Post

BryO.
post Jan 22 2009, 08:50 AM
Post #15

Member
**

Group: Member50
Posts: 697
Joined: 13-July 05
Member No.: 808
Gender:


carnapping might no longer be applicable in this case, since there is no use of force in the acquisition of such vehicle. i really hate how they changed this carnapping law, anyways OT na yun.. (IMG:style_emoticons/default/smile.gif) cheers.


--------------------
Go to the top of the page
 
+Quote Post

3 Pages V   1 2 3 >
Reply to this topicStart new topic

 

Advertisement
Useful links
Recently Added Topics

 

www.flickr.com
This is a Flickr badge showing items in a set called 4x4 Philippines. Make your own badge here.

 


Your ad here, right now. Click to bid.
Lo-Fi Version Time is now: 21st April 2014 - 10:01 AM

SEO services by Digital Traffic
Skin by IPB Customize
Invision skins