Car with no tax just bought and still at dealers, what is legal position???

[Katherine1971]

Hi guys

 

New here and looking for some help!!

 

Husband paid for a 52 plate Daewoo Leganza last week from a trade sales dealer. It came with a brand new MOT but no tax - that wasn't a problem as we intended to tax it ourselves as soon as we picked it up - hubby arranged the insurance certificate etc in advance. We had to wait a few days for them to MOT it and prepare it for us.

 

However, on going to pick it up yesterday hubby noticed some problems - the engine started rattling and the oil warning light came on despite the car being full of oil! Naturally he didn't want to take it in that state so he left it with the dealer and asked for them to look into what was up with it (obviously we are going to expect them to fix it or we're going to demand our money back!)

 

My concern is this: its not taxed. Having looked at our bank account today we won't really be able to afford to tax it anyway now until next week, and also even if I had the money to tax it I'm a bit queasy about paying for the tax disc until we know that the car is in a decent condition.

 

So what is the legal position? We have the V5 - not sure if the Dealer has sent their piece off yet as we only did the documentation yesterday, so not sure if its in our name or not yet. Its down at the dealers now but not in their yard, its in a parking bay outside their yard (not "on the public road"), and they will (I assume) l be using their trade plates to take it to the garage to be looked at. I understand that a car won't be clamped whilst on a garage or dealer premises, is that right, as that isn't "public highway" but private land? Do we need to declare SORN as the new owners or wait until we get the V5 through? I'm utterly confused and really worried!! Not doing me any good as I'm 8 months pregnant!

[sailor sam]

Technically you have not taken delivery so you are not responsible for the car (as far as road traffic laws are concerned) or untill you send off the V5. To put your mind at rest, you could inform the DVLA on whats going on. Normally it is the dealer who taxes a car anyway although they will either add it on to the invoice or charge you seperately for it.

 

My advice is to make sure the car is as it should be before taking it. It sounds to me that you should take a mechanic along with you to check it out. Once you take possession is when things get complicated.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

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[Raykay]

You should only have the the green part of the registration document, the new keeper supplement. The seller sends the front page, the part you both sign, to DVLA to notify the change of keeper.

 

If you can get the dealer to deliver it where it is not on a public road, declare it SORN on-line, and then licence it when you are ready to use it. Keep the confirmation message of the SORN in case of later problems.

[sailor sam]

You should only have the the green part of the registration document, the new keeper supplement. The seller sends the front page, the part you both sign, to DVLA to notify the change of keeper.

 

If you can get the dealer to deliver it where it is not on a public road, declare it SORN on-line, and then licence it when you are ready to use it. Keep the confirmation message of the SORN in case of later problems.

 

No point in doing any of the above if they do not make the car fit for the purpose.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

[Raykay]

But if the dealer has sent off the V5C in the OP's name, even if they don't keep it, if they don't licence or SORN it, DVLA may come chasing them as for a short time they will be the registered keeper - better to be safe than sorry!

[sailor sam]

But if the dealer has sent off the V5C in the OP's name, even if they don't keep it, if they don't licence or SORN it, DVLA may come chasing them as for a short time they will be the registered keeper - better to be safe than sorry!

 

Which is why I suggested (post #2) that the OP contacts the DVLA and explains whats going on.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.