Automotive

Making sure used car is transferred to new owner

  • Last Updated:
  • Oct 11th, 2019 1:59 pm
[OP]
Sr. Member
Jan 8, 2009
761 posts
411 upvotes
GTA

Making sure used car is transferred to new owner

This is probably a stupid question (sorry!) but we're selling our old car privately (we WERE going to scrap it given the mileage and repairs needed but then got offered enough to make it worth doing the sale and it will be driven by someone as a secondary vehicle).

I want to make sure the car has to been transferred at the MTO. Is it normal to either complete the deal there OR insist on going with them? I'm concerned the buyer will take it away, not register it and we'll still be on the hook if something happens.

Also, we are not getting it safetied, he's buying it as-is. Is that the default state for used cars being sold (for the used car package) or do we need to specify somewhere in order to protect ourselves?

Thanks so much in advance for helping out. I did google both things but the answers I found were unclear.
Last edited by jrbb0309 on Oct 8th, 2019 10:17 am, edited 1 time in total.
20 replies
Deal Expert
User avatar
Jun 12, 2007
16315 posts
5069 upvotes
London
Just say on the bill of sale “uncertified, no safety standards certificate” and then “no warranty - as-is where -is”

It’s not a $20k car, no buyer for a scrap type car is going to Service Ontario with you.

Go to Service Ontario after 6 days with the bill of sale and make a sworn statement that the vehicle was sold for scrap. This gets recorded against the vin

To whom it may concern,

I, jrbb , address 1234 xyz street, of the city of Toronto Ontario, do swear that 1994 Chevy truck serial 12345678 was sold to buyer Jon doe of 4567 street , city of Toronto Ontario for for the sum of $100 on date oct 10, 2019.

Date Oct 20, 2019 signed by jrbb

[OP]
Sr. Member
Jan 8, 2009
761 posts
411 upvotes
GTA
l69norm wrote: Just say on the bill of sale “uncertified, no safety standards certificate” and then “no warranty - as-is where -is”

It’s not a $20k car, no buyer for a scrap type car is going to Service Ontario with you.

Go to Service Ontario after 6 days with the bill of sale and make a sworn statement that the vehicle was sold for scrap. This gets recorded against the vin

To whom it may concern,

I, jrbb , address 1234 xyz street, of the city of Toronto Ontario, do swear that 1994 Chevy truck serial 12345678 was sold to buyer Jon doe of 4567 street , city of Toronto Ontario for for the sum of $100 on date oct 10, 2019.

Date Oct 20, 2019 signed by jrbb

It's not being sold for scrap though. Someone is going to drive it. They've bought it as a secondary vehicle. We didn't want to put the money into the repairs that need to be done (front struts at some point in the next while) because we planned to get a newer vehicle soon. They're going to do the repairs and then have someone in their family drive it.
Sr. Member
Mar 22, 2004
543 posts
327 upvotes
London, ON
You can (and should) absolutely go with them. Plus, you keep your plates anyway, so even if they were to do something, they would have no plates. For them to get new plates, they have to register the car.
Deal Expert
User avatar
Jun 12, 2007
16315 posts
5069 upvotes
London
jrbb0309 wrote: It's not being sold for scrap though. Someone is going to drive it. They've bought it as a secondary vehicle. We didn't want to put the money into the repairs that need to be done (front struts at some point in the next while) because we planned to get a newer vehicle soon. They're going to do the repairs and then have someone in their family drive it.
Doesn’t matter what the buyer does with your car. After 6 days, go to Service Ontario and make your sworn statement. Once it’s on file, the old vehicle isn’t your problem anymore
Deal Addict
Jul 30, 2015
2780 posts
1792 upvotes
Toronto, ON
I think legally you are responsible for the vehicle for 6 days.
Deal Addict
User avatar
Jul 23, 2004
2168 posts
678 upvotes
Montreal
You need to make sure the buyer really transfers the car in their name or else you are liable for anything that might happen with the car.

So you can either go with them to the registration office and make sure everything is sorted out.

Or what I did the last time I sold my car was that I signed all the documents to transfer ownership, but kept the car parked in my driveway.
When the buyer came back with his new plate and the paperwork stating that the car was transfered in his name, we installed his plate on the car and I gave him the keys.
Deal Addict
Jul 30, 2015
2780 posts
1792 upvotes
Toronto, ON
AMD wrote: You need to make sure the buyer really transfers the car in their name or else you are liable for anything that might happen with the car.

So you can either go with them to the registration office and make sure everything is sorted out.

Or what I did the last time I sold my car was that I signed all the documents to transfer ownership, but kept the car parked in my driveway.
When the buyer came back with his new plate and the paperwork stating that the car was transfered in his name, we installed his plate on the car and I gave him the keys.
I couldn't do that, so I made the buyer explicitly write, date and sign that he is responsible for the car in every way from that time onwards, until it's plated.
Whether that would have held up court is another matter. Probably not, but I did it to make myself feel a little less anxious.
Deal Expert
User avatar
Jun 12, 2007
16315 posts
5069 upvotes
London
canoek wrote: I think legally you are responsible for the vehicle for 6 days.
No, you have a signed and dated a bill of sale. Just because it’s still registered to you in the MTO database doesn’t mean you are still the owner.

For example, the buyer doesn’t transfer the ownership. Can I go to his house, claim the car is still mine, then tow it home? If he calls the cops and produces a bill of sale , who gets in trouble?
Deal Addict
Sep 8, 2017
4170 posts
4302 upvotes
GTA
I wouldn't say you're legally responsible. But if something bad happens and the driver isn't around, investigators will certainly come looking for the registered owner. What comes of that is another matter.
Deal Addict
Oct 6, 2015
2463 posts
1372 upvotes
jrbb0309 wrote: It's not being sold for scrap though. Someone is going to drive it. They've bought it as a secondary vehicle. We didn't want to put the money into the repairs that need to be done (front struts at some point in the next while) because we planned to get a newer vehicle soon. They're going to do the repairs and then have someone in their family drive it.
Front struts? Really? That's a $100-$150 job for someone with tools and knows what they're doing. If that's all that's wrong with it, its a near certainty that it will be put back into service.

FWIW, I have a used car that I bought 2 years ago and still haven't gone down to the MoT to register.
[OP]
Sr. Member
Jan 8, 2009
761 posts
411 upvotes
GTA
Thanks everyone for their advice. I really appreciate it.
[OP]
Sr. Member
Jan 8, 2009
761 posts
411 upvotes
GTA
burnt69 wrote: Front struts? Really? That's a $100-$150 job for someone with tools and knows what they're doing. If that's all that's wrong with it, its a near certainty that it will be put back into service.

FWIW, I have a used car that I bought 2 years ago and still haven't gone down to the MoT to register.
Unfortunately we don't have the know-how and we don't know anyone who does. Selling it for the retail price minus the needed repair is good enough for us and if the new owner can save on the repair then that's a bonus for them. This is an 11 year old car with 250K kms on it. We're happy to move on.
Newbie
Mar 28, 2018
50 posts
11 upvotes
ncnmra wrote: You can (and should) absolutely go with them. Plus, you keep your plates anyway, so even if they were to do something, they would have no plates. For them to get new plates, they have to register the car.
same situation as OP, but we didn't keep the plate. Are we supposed to keep the plate? We cannot give it away along with the car?
[OP]
Sr. Member
Jan 8, 2009
761 posts
411 upvotes
GTA
EasyDro wrote: same situation as OP, but we didn't keep the plate. Are we supposed to keep the plate? We cannot give it away along with the car?
From the MTO site: Ontario has a plate-to-owner registration system. This means the licence plates stay with you, not the vehicle.

Remove your plates and keep them for your next vehicle.
Before you attach your plates to another vehicle, visit a ServiceOntario centre to register the plates to the other vehicle.
If you do not plan to get another vehicle you can return the plates and the plate permit to any ServiceOntario centre for cancellation.
If your plates have not expired, you can apply for a refund on any remaining full months of plate validation. There is a processing fee of $5.00 for each refund.
Sr. Member
Jan 13, 2007
507 posts
391 upvotes
Toronto, Ontario
EasyDro wrote: same situation as OP, but we didn't keep the plate. Are we supposed to keep the plate? We cannot give it away along with the car?
Definitely take the plates off. You don't necessarily have to go with the new buyer to ServiceOntario to watch them register the vehicle (although that is generally preferred by sellers) but the plate is your's and the registration sticker belongs to you. When you return the plates, you will get reimbursed the remaining balance of the licence plate sticker registration cost.
Newbie
Mar 28, 2018
50 posts
11 upvotes
jrbb0309 wrote: From the MTO site: Ontario has a plate-to-owner registration system. This means the licence plates stay with you, not the vehicle.

Remove your plates and keep them for your next vehicle.
Before you attach your plates to another vehicle, visit a ServiceOntario centre to register the plates to the other vehicle.
If you do not plan to get another vehicle you can return the plates and the plate permit to any ServiceOntario centre for cancellation.
If your plates have not expired, you can apply for a refund on any remaining full months of plate validation. There is a processing fee of $5.00 for each refund.
woofster wrote: Definitely take the plates off. You don't necessarily have to go with the new buyer to ServiceOntario to watch them register the vehicle (although that is generally preferred by sellers) but the plate is your's and the registration sticker belongs to you. When you return the plates, you will get reimbursed the remaining balance of the licence plate sticker registration cost.
oh no, i have to find the family friend's friend who took the car away :( i hope they didn't throw it away.
Sr. Member
Jun 8, 2007
846 posts
228 upvotes
Oshawa
No just go to the MTO and notify them the plates are lost.... Nothing more to it..

I am glad I am not buying used vehicles from some of you. Its amazing the wierd ideas people have.

Get a bill of sale that you both sign. Each of you keeps a copy.

Remove the plates and keep the plate portion of the ownership is the correct thing to do. I have often left them with the buyer if it's easier for them then trying to get a temp tag to transport the car. Just know that if they take a toll road you will likely get billed.

Older cars I would head to the MTO soon after and notify them that I sold the vehicle. This will remove it from your name if they new owner chooses not to transfer it. Some buyers may choose not to transfer if they are using it for scrap or a field car, demo derby etc. This saves them paying tax.

If you left the plates on the car and your not getting them back notify the ministry they are lost. If you get them back or kept them you can drop them off as well and get a partial refund for the sticker If it's still valid. Or keep the plates for your next vehicle.

EasyDro wrote: oh no, i have to find the family friend's friend who took the car away :( i hope they didn't throw it away.
Sr. Member
Mar 22, 2004
543 posts
327 upvotes
London, ON
Bedpan wrote: Get a bill of sale that you both sign. Each of you keeps a copy.
UVIP can/is the official bill of sale now. But yeah, each person should retain a copy.
Sr. Member
Mar 22, 2004
543 posts
327 upvotes
London, ON
burnt69 wrote: FWIW, I have a used car that I bought 2 years ago and still haven't gone down to the MoT to register.
I'm assuming you're NOT driving it on the road then?

Top