Ownership woes

Dear Atty. Peachy,

About eight months ago, I sold my used motorcycle to someone I connected with through an online marketplace. We executed a written bill of sale, and he paid the agreed purchase price in full. At the time, he explained that he was in the process of relocating and asked if we could delay transferring the vehicle registration until he settled into his new address. Believing that it would only take a short time, I agreed. Since then, the motorcycle has remained registered under my name.

Recently, I began receiving notices regarding unpaid parking tickets and traffic infractions associated with the vehicle. This has raised concerns about my potential exposure to legal or financial liability if the motorcycle is involved in an accident or used in connection with other violations. I have repeatedly contacted the buyer about completing the registration transfer, but he continues to assure me that he will take care of it “next month.” Despite these promises, no steps have been taken to transfer ownership records.

Given that the vehicle is still registered in my name, could I still be held legally responsible for it? What actions can I take to protect myself and formally document that I no longer own or control the motorcycle?

Carl

Dear Carl,

Your concern is understandable. Many vehicle owners assume that their obligations end once they receive payment and hand over the vehicle. Unfortunately, when the registration remains in the seller’s name, practical and legal issues can still arise.

As a general rule, a valid bill of sale or deed of sale may serve as evidence that ownership has been transferred between the seller and the buyer.

However, for purposes of government records, the vehicle may continue to be associated with the registered owner until the proper transfer of registration is completed. This can result in situations like the one you described. Traffic tickets, parking violations, toll notices and other official communications may continue to be issued in the name of the registered owner. While this does not automatically mean that you are legally responsible for every act involving the vehicle after the sale, it can subject you to inconvenience and require you to demonstrate that the vehicle was no longer under your ownership or control at the relevant time.

Your strongest protection is the documentation surrounding the transaction. You should preserve copies of the bill of sale, proof of payment, correspondence with the buyer, and any other evidence showing that possession of the vehicle was delivered to him. These records may be important if you need to dispute notices or establish that the vehicle had already been sold.

It would also be prudent to formally notify the buyer in writing and request that he complete the transfer of registration without further delay. A written demand is generally more effective than repeated verbal follow-ups because it creates a clear record of your efforts to have the registration updated. If the buyer continues to ignore your requests, you should continue preserving all records relating to the sale and your communications with him. You may also need to respond promptly to any notices or violations by presenting evidence that the vehicle had already been sold and transferred into the buyer’s possession.

Atty.PeachySelda-Gregorio