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-   -   Selling car - contract? (https://www.englishforum.ch/transportation-driving/302536-selling-car-contract.html)

Enohzee 04.02.2021 10:45

Selling car - contract?
 
Hi everybody,

I know there are a few posts on selling cars but I didn't find the specific answer I need.

I found a buyer for my used car, we're exchanging tonight. I understand the process is just to give the keys, grey card and car (without plates), and take the cash. Then I drop my plates at the cantonal car center.

Now I'm wondering about if I should write a small contract, just to confirm the sale, the date, and "sold as seen". Is this a usual practice and does anyone have experience in what I should include?

Thanks a lot for any advice!

Belgianmum 04.02.2021 10:47

Re: Selling car - contract?
 
There’s a sample contract you can get from the TCS website.
It’s basically just that.
Print it off, fill in in and sign it. One copy for you and one for the buyer.
It’s not strictly necessary but we did it when we sold a car privately.

I found this one on Comparis which is a bit more detailed than the one I used

https://fr.comparis.ch/carfinder/doc...vertrag_fr.pdf

Here is the tcs one

https://www.tcs.ch/assets/docs/sekti...t-de-vente.pdf

Enohzee 04.02.2021 10:47

Re: Selling car - contract?
 
Quote:

Originally Posted by Belgianmum (Post 3272232)
There’s a sample contract you can get from the TCS website.
It’s basically just that.
Print it off, fill in in and sign it. One copy for you and one for the buyer.
It’s not strictly necessary but we did it when we sold a car privately.

Thanks a lot!

Belgianmum 04.02.2021 10:51

Re: Selling car - contract?
 
Quote:

Originally Posted by Enohzee (Post 3272233)
Thanks a lot!

I added a couple of links for you.

Enohzee 04.02.2021 10:56

Re: Selling car - contract?
 
Quote:

Originally Posted by Belgianmum (Post 3272235)
I added a couple of links for you.

That's perfect, I will use the TCS one, thankyou!

aSwissInTheUS 04.02.2021 11:59

Re: Selling car - contract?
 
Here another one:
https://cms.autoscout24.ch/media/171...utoscout24.pdf


The TCS one is most likely the best as it has the least unneeded extra information which could bite you in the ass.


Be aware about pitfalls in the above contracts.

Use the Modell name as stated on the gray card.

As a seller do not accept a contract which has been pre-filled in by the buyer or expect that they made maliciously "mistakes".

If there are checkboxes which you did not tick, strick out the text next to them with a single line. Same goes with empty lines.

Make two copies: One for the buyer one for you.

Modell year, be certain what it means and that you state the correct model year. Better to leave it out. Same goes for other details which might be ambiguous. Stick to the information on the gray card.

I would only state VIN and maybe the Matricule No. /Stammmnummer which is item 18 on the gray card. With this two information the vehicle is uniquely identified.

Number of pre-owners. Leave it out, or only state it if you are 100% sure. Which you can only be if you bought the vehicle yourself new from a dealer. Same goes with accidents.

Do not forget to disclaim any warranty and guarantee:
Le véhicule est vendu en l'état, tel que vu et essayé. Toute garantie est exclue dans la mesure où cela est autorisé par la loi, et notamment toute action en rédhibition ou en réduction du prix.

Enohzee 04.02.2021 15:30

Re: Selling car - contract?
 
Quote:

Originally Posted by aSwissInTheUS (Post 3272281)
Here another one:
https://cms.autoscout24.ch/media/171...utoscout24.pdf


The TCS one is most likely the best as it has the least unneeded extra information which could bite you in the ass.


Be aware about pitfalls in the above contracts.

Use the Modell name as stated on the gray card.

As a seller do not accept a contract which has been pre-filled in by the buyer or expect that they made maliciously "mistakes".

If there are checkboxes which you did not tick, strick out the text next to them with a single line. Same goes with empty lines.

Make two copies: One for the buyer one for you.

Modell year, be certain what it means and that you state the correct model year. Better to leave it out. Same goes for other details which might be ambiguous. Stick to the information on the gray card.

I would only state VIN and maybe the Matricule No. /Stammmnummer which is item 18 on the gray card. With this two information the vehicle is uniquely identified.

Number of pre-owners. Leave it out, or only state it if you are 100% sure. Which you can only be if you bought the vehicle yourself new from a dealer. Same goes with accidents.

Do not forget to disclaim any warranty and guarantee:
Le véhicule est vendu en l'état, tel que vu et essayé. Toute garantie est exclue dans la mesure où cela est autorisé par la loi, et notamment toute action en rédhibition ou en réduction du prix.


Thankyou for your time and for this valuable information!

ccmiller 01.03.2021 14:11

Re: Selling car - contract?
 
Hello friends. I have a buyer who has already paid me for the vehicle, and wants to take possession and drive away with the registration and my license plates. This is to give him time to obtain and put his own plates on, and then he'll send my plates back. I was at the Strassenverkehrsamt, where I was advised to come back to get the Stempel /stamp for the registration card that declares the vehicle to be "Sold".

Question: Should I only hand over the registration after the Strassenverkehrsamt stamps it as Sold ? What alternative process should I follow to execute the hand-over?

Thanks for your advice!

st2lemans 01.03.2021 14:28

Re: Selling car - contract?
 
If he has an accident with your plates, your insurance pays and your rates go up.

Also, it doesn't get stamped "sold", it gets stamped "invalid".

Tom

fatmanfilms 01.03.2021 14:31

Re: Selling car - contract?
 
Quote:

Originally Posted by ccmiller (Post 3280887)
Hello friends. I have a buyer who has already paid me for the vehicle, and wants to take possession and drive away with the registration and my license plates. This is to give him time to obtain and put his own plates on, and then he'll send my plates back. I was at the Strassenverkehrsamt, where I was advised to come back to get the Stempel /stamp for the registration card that declares the vehicle to be "Sold".

Question: Should I only hand over the registration after the Strassenverkehrsamt stamps it as Sold ? What alternative process should I follow to execute the hand-over?

Thanks for your advice!

He needs to sort out his own plates, end of story.

aSwissInTheUS 01.03.2021 15:08

Re: Selling car - contract?
 
Quote:

Originally Posted by ccmiller (Post 3280887)
This is to give him time to obtain and put his own plates on, and then he'll send my plates back. I was at the Strassenverkehrsamt, where I was advised to come back to get the Stempel /stamp for the registration card that declares the vehicle to be "Sold".

Getting plates takes about 30 minutes. At most, on a really busy day.
If the buyer has a parking spot on privat property you could deliver the car and take your plates.
Or you can deliver it to the Strassenverkehrsamt where the buyer can get its own plates right there and right than.

ccmiller 01.03.2021 16:26

Re: Selling car - contract?
 
A very helpful person at the Strassenverkehrsamt suggested that the buyer secure temporary license plates. To obtain these, the buyer required only a photo of the Ausweis/registration. I have gotten the Invalid/Ungültig stamp now, (and kept a photocopy) so I can give this to the buyer. I will remove the plates and after he signs two copies of the TCS contract I shared with him, he will take possession of the car. Now the process is clear. Thanks for those who helped here! Grüsse!

fatmanfilms 01.03.2021 16:37

Re: Selling car - contract?
 
Quote:

Originally Posted by ccmiller (Post 3280954)
A very helpful person at the Strassenverkehrsamt suggested that the buyer secure temporary license plates. To obtain these, the buyer required only a photo of the Ausweis/registration. I have gotten the Invalid/Ungültig stamp now, (and kept a photocopy) so I can give this to the buyer. I will remove the plates and after he signs two copies of the TCS contract I shared with him, he will take possession of the car. Now the process is clear. Thanks for those who helped here! Grüsse!

Not sure he will sign a contract, I certainly never have done with a private sale both buying & selling.

besmegenis 01.03.2021 20:06

Re: Selling car - contract?
 
Quote:

Originally Posted by ccmiller (Post 3280954)
A very helpful person at the Strassenverkehrsamt suggested that the buyer secure temporary license plates. To obtain these, the buyer required only a photo of the Ausweis/registration. I have gotten the Invalid/Ungültig stamp now, (and kept a photocopy) so I can give this to the buyer. I will remove the plates and after he signs two copies of the TCS contract I shared with him, he will take possession of the car. Now the process is clear. Thanks for those who helped here! Grüsse!

Hmm, interesting. I only did few sales and I always went to registration office to cancel grey card AFTER we sign a contract and I get the money. Then finally I send grey card by post. What if the buyer changes his/her mind? You are left with canceled grey card?

aSwissInTheUS 01.03.2021 20:11

Re: Selling car - contract?
 
Quote:

Originally Posted by besmegenis (Post 3281027)
What if the buyer changes his/her mind? You are left with canceled grey card?

You call your insurance, get a quote, go to StVA/SAN, hand in the canceled card, get new gray card and plates.
(Can also be done by mail. And yes, it is a waste of money and time)

fatmanfilms 01.03.2021 20:23

Re: Selling car - contract?
 
Quote:

Originally Posted by besmegenis (Post 3281027)
Hmm, interesting. I only did few sales and I always went to registration office to cancel grey card AFTER we sign a contract and I get the money. Then finally I send grey card by post. What if the buyer changes his/her mind? You are left with canceled grey card?

Take a large cash non refundable deposit, the buyer will not back out.

st2lemans 01.03.2021 20:46

Re: Selling car - contract?
 
Quote:

Originally Posted by besmegenis (Post 3281027)
You are left with canceled grey card?

And?

I have a pile of them as I deregister most of my bikes very year!

Tom

ccmiller 01.03.2021 20:47

Re: Selling car - contract?
 
Quote:

Originally Posted by fatmanfilms (Post 3281035)
Take a large cash non refundable deposit, the buyer will not back out.

Indeed, this sequence only works if the buyer has already paid the full amount. Otherwise, I would not have cancelled my registration. :msnsarcastic:

st2lemans 01.03.2021 20:52

Re: Selling car - contract?
 
Quote:

Originally Posted by ccmiller (Post 3281047)
Indeed, this sequence only works if the buyer has already paid the full amount. Otherwise, I would not have cancelled my registration. :msnsarcastic:

Plenty of people do to save on taxes and insurance,

I do it every year on multiple vehicles.

Tom

besmegenis 01.03.2021 20:56

Re: Selling car - contract?
 
Quote:

Originally Posted by fatmanfilms (Post 3281035)
Take a large cash non refundable deposit, the buyer will not back out.

In fact one of the buyers offered to leave some deposit, but I thought it might add complexity to the whole procedure. We probably need to draw a little contract for deposit too.

Quote:

Originally Posted by st2lemans (Post 3281046)
And?

I have a pile of them as I deregister most of my bikes very year!

Tom

In this case we are not trying to save road tax/insurance or hibernate bikes over the winter, but the intention is to sell the vehicle


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