Is it legal for a dealer to sell a car without a V5?

[edible]

Firstly please resist the temptation to shout "you idiot!" as you read this.

I have read that since 2002 it is illegal to sell or buy a car without a V5. Last week a dealer sold me a car that had no V5 saying that he would send it on to me the following week when it came back from the DVLA. He had the service history book, MOT, and key but the car has no tax and obviously cannot be taxed without the V5. I realised too late how stupid I was and have since tried to cancel the deal but the dealer will not accept this, even thought it seems this deal is actually illegal. I part exchanged my car and paid the balance on my credit card. He has my V5 and books although I have held on to my car and have told him I won't exchange it until the other V5 that he promised for the car I bought actually arrives. I feel completely gullible but put faith in the protection that I thought buying from a dealer offers. It could be weeks before the V5 arrives if it ever does. Is there anything I can do legally to cancel this deal? Is the dealer legally allowed to offer for sale a car for which he doesn't have the V5?

[barracad]

Originally Posted by edible

Is the dealer legally allowed to offer for sale a car for which he doesn't have the V5?

Yes, and in any event the V5 only shows the registered keeper, not the legal owner. You need to register the vehicle in your name by using form V62 'application for a registration certificate'.

[patdavies]

Originally Posted by edible

I have read that since 2002 it is illegal to sell or buy a car without a V5.

Sorry, but this is absolute nonsense.

Whenever I sell my car, it never has a V5 with it. Ii is always awaiting the new V5 with the new VRM after I have retained my VRM

[edible]

Thanks both of you. Any idea where numerous websites are getting information to the contrary, in relation to an October 2002 piece of legislation.

e.g

http://www.whatcar.com/news-special-...aspx?NA=220093

Things to Consider When Selling a Car - Part 3

etc....

[gwc1000]

Hi, edible. Don't worry you have nothing to fear. I buy many cars each month without a V5. They take on average 2-3 weeks to come once applied for. It is NOT illegal to sell or buy a car without a V5. On the form from DVLA to apply for a registration document there is a box to tick stating that you purchased the vehicle and the previous owner didn't hand the book over. If it was illegal they wouldn't give you that option to tick! I attend four car auctions weekly and I would imagine out of 1600-2000 cars I see offered each week approx 5% are sold without any documentation whatsoever. If it was illegal I can assure you BCA would not be offering these cars.

[edible]

Thanks for your reply GWC. What concerned me was that the dealer told me that the V5 had been sent to the DVLA because of a plate change, not because it had been bought without a V5. This sounded plausible and so I was happy to believe it. However a call to the DVLA and an independent history check of the car both showed that the car has only ever been registered on one set of plates, and the DVLA also told me that the application they had most recently received was for notification of a change of address and this new V5 was sent out 2 weeks ago.

[patdavies]

Well, Whatcar have it wrong on at least four counts

V5C (document) - Otherwise known as the registration document, the V5C is the record of who owns the car no it is not, see below and is one of the most important documents when buying or selling a car.

If you are buying, make sure you see the V5C before you buy, and check that the person selling the car is the owner as stated on the V5C. The person stated on the V5C is the registered Keeper of the vehicle; it does not provide any detail of the owner of the vehicle. The two may be the same, but equally they may not be. If that is not the case, check that the person selling the car has the right to do so.

Also, check that the vehicle's VIN (see below) and other details match those on the V5C document, and that the form has been watermarked and not tampered with. Since October 2002 it has been illegal to sell a car without a valid V5C. Total nonsense

It is impossible to obtain a new tax disc without the V5C, not so, you can equally use the new keeper's section (10) of the V5C - you do not need the V5C. and you must show the document if you want to get replacement or duplicate number plates for your car.or you can show a V998/1 Authority to transfer, If you don't have a V5C, either because you have lost it or you bought a car without it, you can obtain a duplicate from the DVLA.

[gwc1000]

Originally Posted by edible

Thanks for your reply GWC. What concerned me was that the dealer told me that the V5 had been sent to the DVLA because of a plate change, not because it had been bought without a V5. This sounded plausible and so I was happy to believe it. However a call to the DVLA and an independent history check of the car both showed that the car has only ever been registered on one set of plates, and the DVLA also told me that the application they had most recently received was for notification of a change of address and this new V5 was sent out 2 weeks ago.

If you are worried you can always apply for a V5 yourself. But you will have to pay DVLA £25. Either download a form V62 from their website or go to your post office and obtain one. You will need to get under the bonnet and get the chassis number of the vehicle. It normally takes two weeks for the V5 to come. Just recently I have had some come in five days from me posting my applications! Perhaps DVLA are more efficient than we would like to admit! I would assume the dealer told you the vehicle had undergone a plate change to put your mind at rest because most private people get scared when they are told there is no V5. Personally I wouldn't be worried. The only downside for you is that in the meantime you cannot tax the car.