Selling a car
 

I’m selling a car in a private sale. If I just sign the title over to the buyer, what is my exposure if the buyer doesn’t title the car to his name and has an accident in the meantime. I can’t find anything regarding Florida law in this matter. How have you handled a private sale?
Thanking you in advance.

Sellling a car
 

Go to a DMV office and handle the sale why you are there with the buyer. They will make sure the title transfer and taxes etc will be handled properly.

I second this advice! Don’t let yourself get talked out of it! Florida has some strange rules that you have to follow.

You don't need to go to the DMV to sell a car. Just prepare a bill of sale, sign the title, remove the tags, and file Form HSMV 82050 with the Florida DMV office. Make a copy of everything, and you will be protected.

Personally, I like the idea of meeting at the DMV, though, for safety reasons.

kathy

Two things to consider with this approach. 1 is timing. When is the sale considered binding? If you do not both do this at the dmv you are open to a lot of hassle (at the very least). 2 more of a clarification. You need to remove the actual license plate and use it on your new car or retire it with the dmv

Good advise, I would add that you should notify your insurance company the vehicle is sold and clearly put in the bill of sale that the vehicle is being sold in “as is condition”.

The sale is binding when both parties sign the bill of sale. The Form HSMV 82050 cancels your registration. My problem with meeting at the DMV is that you could lose the sale if the buyer does not show up. You have a better chance to complete the sale when the buyer has just examined the car and had a test drive. A lot of buyers suffer from buyer's remorse which could kill the deal. Marketing 101.

When I sold my Honda Goldwing, I printed a bill of sale of the internet and I and the buyer went to the DMV.
They handled the complete transaction for both me and the buyer.
The buyer even bought the new license plates for the ride home right at the DMV.
Nice people to work with and explained everything.

For you own exposure, you MUST go to a DMV and have all the documents signed there. Far too risky otherwise.

I agree. Sounds like the advice of a car salesman. Don't let him walk out the door and say he is coming back later. He'll lose that sale.
:bigbow::bigbow:

I don't think many people will agree to meeting at the DMV to examine a car for sale or to test drive it.
:ohdear::ohdear:

I Share Your Concern
 

I had the same concern 2 years ago selling a boat. I was advised to type up a simple sheet of paper with a description of the boat including the serial number etc and have the buyer sign and date it at the bottom acknowledging receipt. So I did that and felt very comfortable doing it. If anything happen and the buyer failed to title it, I had proof he took possession on that date.

With the lack of cars and the marked up prices today, you will not lose the sale if the car is in good condition. I would go to the DMV. Good luck.

Although I have sold a car and bought a car using the "go to DMV" method with no issues, I see your point. My main concern is that until the DMV changes its records, you will be involved with any legal issue that might come up (however unlikely) involving the car/truck/etc. With the "go to DMV" approach, when you walk out of that building it's a done deal in the eyes of everyone - seller, buyer, state of FL.
Interestingly the only problem I have had was when I traded in an RV for a new RV at a dealer. I assumed (I know, first mistake) that the dealer took care of all the paper work. Then 6 month later I got a registration renewal notice from the DMV for the RV I had traded in. I ended up making a trip to the DMV after all! :)

Call the DMV.

Make sure on the title besides filling in the date of sale write down the actual time of sale as well. Do this on the title and fill out the form “selling a car” from Florida DMV and you should be good. DO NOT LET THEM DRIVE THE CAR AWAY WITH YOUR PLATE ON IT!

The Florida Form HSMV 82050 serves as a "notice of sale" and as a "bill of sale" for the vehicle. Going to the DMV with the buyer may make you feel good, but as long as you deliver the completed form to the DMV, you have done everything that needs to be done. All they will do at the DMV office is to have you complete the same form. You may want to verify later that the DMV has properly executed the transaction into their online system.

The main issue with selling a car is that you receive proper payment, which would be better handled at a bank.

Always sign at the tax collectors office . You will be able to see them register!

I just sold a vehicle thru a private sale. I went to the Sumter license branch for information. The lady at front desk was very helpful. I was given a Bill of Sale I needed to fill out, bring it and my license plate back to them. Do not cancel auto insurance until you bring the Bill of Sale and license plate back to them. Also make sure you get you toll device off your windshield. She also showed me the places on our title that needed to be filled out. No notary public needed.

Car sale
 

You sign over the title then you take the registration and license plate to motor vehicle dept and turn them in and report the sale

Ohiobuckeye
 

I’m not saying nobody gave the right answer here but if I were you I would be asking a lawyer about this before I get into trouble myself. How could anybody get plates or Ins. unless it’s in their name. It’s not legally theirs & you couldn’t legally drive it unless you legally own it. Get a lawyer!

None. You no longer own it. Just make sure you take your plate off.

This is the key phrase from above - "Do not cancel auto insurance until you bring the Bill of Sale and license plate back to them." You still may have liability. Holding an unregistered bill of sale may ultimately free you from any risk, but possible not until after a lot of hassle.

Do not give them your plate! You must turn it in to DMV. If you don’t they will suspend your license. DMV will be notified by your insurance company when you cancel your coverage.

Get a lawyer? OMG

Good question. Several years ago I tried to sell car myself. A lot of ?able inquirors called me almost immediately and never received any fair offers. Sellers market now and do believe that there is a better market for people trying to sell your own vehicle.

Have heard good reviews from car buying companies that will make sure that the title is properly transferred and I plan to use them when and if I sell car without trading it in.

Agree with others here. Florida law does make an owner of a vehicle responsible for actions of another driver and you want to make sure that the title is properly transferred.

The buyer can drive the car around for 30 days with no plate and no registration, all they need is a bill of sale and insurance. It seems weird but that is the law. I remember in Arizona the plates stayed with the car. Also weird.

In this state, as long as your name is on that title you are liable for anything illegal that vehicle is involved in. You can do the form thing but I have known that to not do anything in a couple cases.

Sale of car
 

The sale is final when u sign title and remove tag and registration card and return to dmv.

Do not sign title over until you know funds are good. There are phony bank checks, cashiers checks. Do money transfer at their bank. Once that is good do the bill of sale from DMV. Call your insurance company for questions about when to terminated insurance. Call DMV for questions on title transfer. Too many different answers here so go to each source their bank, your insurance company and DMV.

Anything is possible, but I have sold multiple cars and motorcycles on Craigslist and have always closed the sale at the DMV with no problems or backouts. I also demand cash or go with the buyer to the bank to insure I don't get a fraudulent cashier's check.

Maybe that is true in Florida, I do not know, but it is not true for my northern state. Liability exists until the buyer registers the car.

Remove your name from registration
 

The last vehicle I sold (2 yrs ago) I went to DMV with the sale paperwork and they took our name off the vehicle. Buyer doesn’t have to go. It was a few days after the sale. The buyer hadn’t registered it yet, but we were then clear of the vehicle. Simple transaction at DMV.

Do not, under any circumstance, do this! Take it from me. My husband trusted someone and sold a car to them doing this, they conveniently were unavailable during the day to make the transaction. So they had the bill of sale, the title, PLUS our registered license plate. We spent the next 6 months dealing with them running the EZ Pass in another state and us getting the bills. They did this 27 times and since it was in another state apparently the DMVs in different states don't cooperate in this matter. My DH made many trips to our DMV trying to get this straightened out. But since they never registered the car in their name in our state the only thing the DMV could do was take the info from the bill of sale and try to get the other state to change their records. The whole thing was a major, major hassle. We sold another car and took them to the DMV with the bill of sale. They got a temp plate to drive to another state, took ours back and we never had a minute of problem. I can't image how bad this would have been if it had been a speeding or red light camera ticket.

that is SO wrong.

Must have a Bill of sale with date and time on it with Both parties signatures, then wait 2 days to cancel insurance (you can always back date insurance cancellation), then file sale with dmv.

Sell it to Carmax, you will only get wholesale value but you eliminate all the hassles.

I would still use Form HSMV 82050 as a "bill of sale" and "notice of sale" and file it with the DMV. I wouldn't trust Carmax to do it.

Make 2 bills of sale (one for each of you), sign and date the title, and keep your plates.

Parking tickets and tolls are a problem using your old plate. Thats why you keep it.

If you don't sign and date the title some buyers will attempt resell the car for a profit without paying their registration and tax. Its called title jumping.