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Blocked Sale Process on Motor Vehicles
The article “Blocked Sale Process on Motor Vehicles“, prepared by the MGC Legal team, has been published.
Motor Vehicles: Blocked Sale Process
There is free form in the contract for the transfer of ownership of the movables between the parties unless there is a provision of law. Unlike this, transfer of possession is insufficient for vehicles considered movable property. The contract must be in accordance with the official form requirement. However, as can be understood from Article 20 of the Road Traffic Regulations (RTR), this condition is valid for vehicles that have been registered before.
Unless the parties settle among themselves, there is no requirement as to form for the vehicles will be registered for the first time. It is required that the vehicles are registered with the registration establishment, whether the registration has been done before or not, as a rule, in the transfer of ownership of the vehicles prescribed by article 20 of the RTR. The vehicle’s first registration must be registered within three months from the date of purchase or customs clearance. Accordingly, the following steps must be carried out for previously registered vehicle purchases:
Drawing up a Contract for The Transfer of Ownership at The Notary Public
After the determination and documentation of motor vehicle tax, the interest of default, late fee, tax penalty, administrative fine, and in the absence of the restrictive measure for sales and/or transfer on the vehicle, based on the registration certificate on behalf of the vehicle owner or traffic registration records (RTR art. 20) the sale contract is drawn up.
Notifying The Relevant Authorities by The Notary Public
After completing the notarial act, the notary public must notify the vehicle to the tax office and the relevant registration establishment within fifteen working days.
Certificating a Registration Certificate to The New Owner by a Notary public
The new owner is given a registration certificate valid for one month after the notary public draws the contract.
These notarial acts are only promissory transactions. The parties must perform an obligation to each other. It is not necessary to write whether the sales price has been paid or not in the documents given by the notary public; it will be sufficient to include the price only. Statements regarding the price payment will make a legal conclusion according to the Turkish Code of Obligations. These statements written in the contract have evidential value ıf parties encounter any legal problem. This increases the crime of fraud nowadays.
For this reason, blocked currency in vehicle sales is the safest way. By blocking the money will be paid to the bank before the sale, the aggrievement that may occur can be prevented. Safe vehicle sales can be made via e-banking or by going to the branches of the banks. The seller opens a bank account on their behalf and gives the necessary information about himself, the buyer, and the vehicle for the vehicle sales. After these transactions, a reference number is sent a message to the parties.
The buyer creates an account on their behalf with this reference number, checks the information entered by the seller, and deposits determined money for the sale of the vehicle in the bank account opened. After this transaction in the bank, the parties go to the notary and draw up the sales contract. The sales contract is recorded into the system, and then the block in the bank is lifted. Safe vehicle sales is an important step to prevent problems in vehicle sales.
-  RTR article 20/d, “All kind of sale and transfer of registered vehicle is made based on the registration certificate on the behalf vehicle owner or traffic registration records by a notary public, after notarization that there is no motor vehicle tax, interest default, late fee, tax penalty, administrative fine and restrictive measure due to the vehicle sales and/or transfer.“
-  KURT Ekrem, Motorlu Araclarin Mulkiyetinin Devri, Tescili ve Harici Devirler, s. 1871- 1887, <https://dergipark.org.tr/tr/>
-  OZCELIK Baris, Motorlu Arac Mulkiyetinin Yetkisiz Kimseden Devralinmasi ve Sonuclari, Ankara Uni. Hukuk Fak. Dergisi, 2020, s. 847-851.
Article Keywords: Blocked Sale Process on Motor Vehicles, Review of The Blocked Sale Process on Motor Vehicles, Review of the Motor Vehicle Block.
Translated by: Guliz ARPALI.