Buying a car from a dead guy... | GTAMotorcycle.com

Buying a car from a dead guy...

M

MarcosSantiago

Well-known member
So I don't need to replace my car. But I just ran into something that could be a decent deal. 10-year old car always garaged, showroom condition, with only 30,000 kms. Price is high but I am sure they will come down.

But the email reply that I got indicates that the owner was a senior citizen that has passed away.

Just out of curiosity, how would it work? And I mean, how do I buy it legally and by the book? without bending any rules... who has to sign the ownership? If the guy is dead, who is the legal owner of the car? His estate? What if there is no testament or will? who owns the car? who is entitled to sell it?

I think somebody posted something about this topic before, but I could not find anything in the search... thanks...
 
The executor of his estate is either named in a will or next of kin, they'll have to sign off on everything for him

AUTOMOBILES

Motor vehicles registered in the name of the deceased can be transferred at the Driver & Vehicle License Office. Sign the ownership certificate as estate trustee. Take a new insurance certificate in your own name. This can be obtained from your insurance agent.
If the vehicle is being sold or transferred to anybody other than the surviving spouse, a certificate of mechanical fitness is also required.
No Retail Sales Tax is payable if the vehicle is given to a beneficiary under the will. The Licence Office will need to view the part of the will giving the vehicle (or giving the whole of the estate) to the beneficiary.. Otherwise Sales Tax is payable on the book value of the vehicle even if it is not being sold.

IMPORTANT: If you are selling the vehicle, be sure to obtain cash or a certified cheque and attend at the Licence Office with the ownership and the purchaser so that you can be sure the ownership is changed and sales tax is paid. THE ESTATE IS RESPONSIBLE FOR DAMAGES CAUSED WHILE IT IS REGISTERED IN THE DECEASED'S NAME.
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In essence, until the family sorts out the estate and who owns the vehicle don't go there.
 
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Even if he's the executor of the estate he may not be legally allowed to sell the car unless the probate is finalized.
 
I bought my corvette this way. Older guy who barely drove it, passed away.

His daughter became the executor of the will. She went with me to Service Ontario, as she has to be present to show the people at the counter she is the executor and copy of death certificate.
 
The person selling the car is the wife.
According to the email, the husband died "in march" (one month ago). Would that be enough time to finalize the probate? I don't know, but I wouldn't think so.

What are the possible consequences to me if I just proceed and buy it? Mmmh, let's say that I transfer ownership successfully at the MTO... then the car is legally registered to my name... anything?
 
MarcosSantiago said:
The person selling the car is the wife.
According to the email, the husband died "in march" (one month ago). Would that be enough time to finalize the probate? I don't know, but I wouldn't think so.

What are the possible consequences to me if I just proceed and buy it? Mmmh, let's say that I transfer ownership successfully at the MTO... then the car is legally registered to my name... anything?
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You wont get it registered in your name unless she shows shes the executor of the will, and death certificate to the MTO ( service ontario).
Once its registered in your name, there is little recourse at that point.
 
I bought a frame belonging to a dead guy. His daughter signed the registration and I put it in my name no problem. No lawyers or executors involved. As long as you have the ownership you're golden.
 
RetroGrouch said:
I bought a frame belonging to a dead guy. His daughter signed the registration and I put it in my name no problem. No lawyers or executors involved. As long as you have the ownership you're golden.
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If the frame was not in her name, that transaction was not legit. If there was a dispute about the estate on her family's side, you technically could have had someone come after you for the frame... realistically probably wouldn't have happened, because it was only a frame and it is unlikely it would be worth the legal hassle to anyone.
 
MarcosSantiago said:
So I don't need to replace my car. But I just ran into something that could be a decent deal. 10-year old car always garaged, showroom condition, with only 30,000 kms. Price is high but I am sure they will come down.
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Is there something unique about this car that you cannot find elsewhere? Sounds like confusion for a car that you say is priced high. Why bother then with potential headaches?
 
wonderings said:
Is there something unique about this car that you cannot find elsewhere? Sounds like confusion for a car that you say is priced high. Why bother then with potential headaches?
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It is a regular, ordinary car that I always wanted to own. Not much special about it.

The unique characteristic is that is 10 years old with very low mileage, less than 3,000 kms per year. Showroom condition, basically it has been in a zip-lock bag for the last 10 years. You just can't get any other like that.

Do I need it? No, but I want it.
 
MarcosSantiago said:
It is a regular, ordinary car that I always wanted to own. Not much special about it.

The unique characteristic is that is 10 years old with very low mileage, less than 3,000 kms per year. Showroom condition, basically it has been in a zip-lock bag for the last 10 years. You just can't get any other like that.

Do I need it? No, but I want it.
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Dare we ask what make and model it is?
 
If it has been sitting for ten years, all rubber (tires, seals, weather strips, etc.) could be dried out and require replacement.

Price shouldn't be high either, unless a family member(s) are trying to gough the estate.
 
Judging whats on the trader right now it's either the james bond thunderbird or the yellow trans am.
 
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