Trooper Kathy:I have bought a new car and want to sell my old one privately. How can I do this properly so it does not come back to haunt me? I have heard horror stories about people getting in trouble for vehicles they sold in the past.When buying or selling a used vehicle always make a clean break, complete all the paper work, transfers and payments on the spot. This is good information for both the buyer and seller to help protect them from any future trouble.First, transfer the title immediately. The law states this needs to be done by the buyer within 10 days. I recommend the buyer and seller go down to the Deputy Registrar together. If it’s a weekend, wait for a business day to do the work. The seller needs to deliver clear title immediately. If you are the buyer make sure the title is in the name of the party you are buying from. Don’t touch it if it is not in the seller’s name or there is a long story about whose car it really is.Make sure you retain receipts, copies of checks, cancelled checks, etc. I have even sat at the bank waiting for the checks to clear.A private individual cannot hold a vehicle title in their name while another has purchased it from them and is driving it. Again, you must transfer title within 10 days and the seller has to produce title to buyer immediately. In this case where payments are being made for the vehicle, the title will still be in the new owner’s name and the seller will be noted on the title as the lien holder. This can be done at time of purchase by just filling out an additional form when at the Deputy Registrar’s.It is important that this is done right. We get hundreds of calls each year from people who cannot get clear title on a vehicle and therefore cannot get current registration, let alone ownership. They may even lose a vehicle or money they have put into it because they cannot prove they are the owners. If you are confused about this process, call the Deputy Registrar in your county and clarify the process before buying or selling.I had a friend who sold their car about four years ago; signed off on the title and retained that portion. They wished they had just gone in and done the full transfer at DVS. However, the seller provided clear title, retained their proof of sale and receipts. They later were receiving nasty-grams from the county courthouse about many unpaid parking tickets their old vehicle was receiving. They had the proof of sale and when they presented it to the court they were off the hook, and they forced the title transfer. It would have been easier just to go down and transfer the title when the sale took place.If you have any questions regarding traffic safety or traffic law, write to Sgt. Kathy Pederson at Minnesota State Patrol, P.O. Box 344B, Marshall, MN 56258. Sgt. Pederson will not offer advice on specific situations or real events, which involve law enforcement.
