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Buying a Second Hand Car in Thailand


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Hi Guys,

 

I will hopefully be buying a car from a guy on taladrod.com who speaks good english. If the car is all good I will be paying cash.

 

I have purchased a moped before but just wanted to check what I need to do when buying a car?

 

I should recieve the Blue book?

Do I have to post any forms to the government? If so what forms and where do I get them?

Anything else I should recieve from him if sold with Insurance and Tax?

Do I need to get him to sign a photocopy of his passport etc?

Do I need to get him to sign anything to say he recieved the money from me?

 

Any advice much appreciated,

 

Thanks

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OK So from my research am I correct in thinking the seller needs to provide:

 

I will then be able to take all this along with signed photocopies of my passport, visa and workpermit to the DLT and as it is Tax'd and Insured until January simply pay a small fee to transfer the car legally to my name?

 

Anything I am missing of have got wrong?

 

Cheers Guys

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He will need to contact his insurance company to have the policy transferred into your name. Also, they need to know who all will be insured if others besides you will be driving the car.

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I have a digital meter which checks for damage on cars I use to buy over a 100 per week and when I when to look at a used car the owner said never in accident well the car was hit more times then Joe Louis from the outside u could not tell also the brake pedal inside was very worn and the miles said 33,000 lol Buyer be aware here just my two cents and yes I also bought new ones sold 500 plus cars a months back home Life is Good
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I have a digital meter which checks for damage on cars I use to buy over a 100 per week and when I when to look at a used car the owner said never in accident well the car was hit more times then Joe Louis from the outside u could not tell also the brake pedal inside was very worn and the miles said 33,000 lol Buyer be aware here just my two cents and yes I also bought new ones sold 500 plus cars a months back home Life is Good

Where can I buy a digital meter like yours?

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Seller's beware!  The laid back ways of many here treat as a simple matter the transfer of a current insurance policy to a buyer of our old cars.  It is simple but it has a very long tail that can get caught !

 

The seller's name will still be on the policy and the seller can/might incur liabilities for claims made against the new owner under that policy. This is more likely if claims made against the new owner exceed the value of the policy, but it can happen even in small claims.

 

We are often told one has a "1st class Insurance" policy, but that is a meaningless phrase.  We need to know

 

1. The limit of coverage for damage to our car (usually 80% of the insurance company's estimate of the street or replacement value of the car).  Thus if the insured value is 350,000 THB, the insurance company's estimated cost of replacement would be 437,500 THB and that is usually a low estimate.

2. The limit of coverage for personal injury ourselves and passengers in our car.  The minimum I have is 5 million THB. Many have none or far less.

3. The limit of coverage for personal injury to 3rd parties... people in the other car or cars and/or things crashed into.  The minimum I have is 5 million THB and many have none or far less.

4. The limit of coverage for all reasons to be paid on on any one claim or accident. The limit I have is 10 million THB and many have far less.

 

I also have an excess policy draw in US dollars to cover all claims that might exceed that 5 million/1 million/ 10 million THB cover me in case of catastrophic claims.

 

Presume I am selling my car that has 9 months basic (not excess) insurance coverage remaining:

 

A.  I can get a refund from the insurance company of 9/12ths of the sum I paid just 3 months ago, and then use this sum to help the sale by reducing the price by the full value or a discounted value of that amount. 

 

Or, and here comes the trouble.....

 

B.  It's tempting to transfer the policy for the full or partial value to ease and speed a sale, but ... and do please talk with your own insurance company as I have (after practicing US insurance defense law for 40 years I still ask questions) to find out ... if I transfer the policy to the buyer, my name remains on the policy.   

 

Should a large claim arise out of the maintenance or operation of that car at any time after the sale that results in massive claims that exceed the limit of coverage, a not-even good lawyer would in the law suit papers filed against the new owner/operator and insurer, seeing a my foreign name on the insurance papers, add my name as a defendant to hope to recover sums from this "deep pocket" for nothing more than the settlement value I would be asked to pay to avoid the time and cost of being dragged into court to defend what should be a defensible claim... that I could still loose and then be assessed part of the damages only because I have the appearance of having deep pockets (meaning holding lots of cash).

 

This is how it happens.  A massive claim can arise where deaths to several people happen: hitting a bus or diving into a club are only two examples.  The injured survivors, the estates of those who died, and the owners of the damaged property sue to recover their losses.  The combined damages could easily far exceed the 10 million THB per claim value that would be paid by the insurance company.  The owner and driver of the car would then be personally liable for damages that exceed the insured limits.  

 

Clearly if the buyer did not have his new policy cover as much as my policy did, he would be personally liable for amounts that exceeded his lower limit of insurance coverage.  The lawyers for the insured would then look to see who else they could join to help pay the damages.

 

And my name would be found on the insurance policy as the former owner who transferred the policy to the current owner.  Then the legal "fun" starts, and this can all be avoided (or made far more difficult) by simply not transferring an insurance policy to a buyer who can surely get his own policy.

 

There are other fiscally and legally good reasons to be completely finished with a sale when it is done.  

 

I strongly recommend against transferring insurance policies when you sell your cars.

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Here is some suggestions having purchased 3 used cars here in Thailand...

Check the blue book for the year of the vehicle as many will list the car year wrong because they can not do the math for converting the Thai year to the standard year or they list it with the year it was purchased, not manufactured... In Thailand from what I was told new cars can be on a storage lot or at the dealer for years before being sold...

2. Use a DLT service as this will save you a ton of time. They can also quickly verify you have all the paperwork required. And as some have already mentioned take the seller with you... Their fee is usually around 200 baht and worth it.. these service places are all over Bangkok and Pattaya...I am sure every city in Thailand has one.. Just ask around..

If you do not get a service record then take it to a shop and get all the fluids replaced, and all the parts that can wear our checked like brake pads and wheel bearings.. While you are at it might as well get the tires rotated as most Thais never do...this will help you get the full rated miles or should say kilometers out of the tires... Once you get all serviced start keeping a service record as it will help you keep the car maintained and might add a little resale value if you decide to sell it later...
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Following up on SLESQs comment about transfer of insurance policy.

I can't follow your logic that a previous owner of a car can be legally liable for the damage created by the new owner of the vehicle. Whoever would try to recover damage created will do this so by suing the new owner and whoever was driving at that time. The previous owner cannot be liable for damage created by the new owner. You can transfer or not transfer the insurance policy - it will not change the fact that the new owner is liable for his or her action.
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Here's a question. All the sellers on Taladrod claim their car has never been flooded but clearly a lot of them must have been. The floods happened in the second half of 2011. So is it fair to say that buying a 2012 car would be no risk of flood damage? Or might the car companies have sold flooded cars with the possibility of hidden flood damage? There were a lot of flooded cars in the factories. I wonder what the companies did with them.

Edited by edwardandtubs
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Following up on SLESQs comment about transfer of insurance policy.

I can't follow your logic that a previous owner of a car can be legally liable for the damage created by the new owner of the vehicle. Whoever would try to recover damage created will do this so by suing the new owner and whoever was driving at that time. The previous owner cannot be liable for damage created by the new owner. You can transfer or not transfer the insurance policy - it will not change the fact that the new owner is liable for his or her action.

 

There are many ways a prior owner can be held liable for losses but  remember I addressed claims of damage not actual damage. And I do not address legal liability alone (which is always possible as a foreign defendant being sued by a local in a local court) but as well liability to provide and pay for an expensive defense.

 

My example was with a catastrophic loss that are not uncommon even here in LOS but holds true for smaller claims as well.  

 

A buyer of a used vehicle purchases the vehicle and all the errors of maintenance and repair that came with it before the sale.

 

Even If there was no error by a prior owner, in the practice of negligence law (Thailand has a Product Liability law that applies to sellers) most claimants try to gather as many defendants as possible and encourage them to blame each other so the claimant learn the error, or at least can state the error was among the defendants, "I don't know which one, but it was theirs."  

 

In such cases it's wise for all defendants to stand firm together, but in the real world that rarely happens even among sophisticated manufacturers. More likely the defendants take hard swings and pot shots at each other in a scramble to try to reduce their own liability.

 

And the trier of the fact must then sort out who is responsible.

 

In those cases (and there are many just like this) the goal of the claimant is to find as many defendants as possible who have money to include maintenance and repair services, equipment manufacturers and distributors and yes, prior owners, to claim they are responsible.  

 

The buyer/owner/operator will be first on line for liability, but all others who are joined as defendants will need to provide a defense at their own expense, or default and risk having to pay a share of a loss.  

 

It is usual for claimant's in such cases to sue everyone they can identify. And if your name is on the buyer's insurance policy, that is like a neon sign pointing to your bank accounts and your other valuables, even wages and some pensions.

 

My advice stands, it is unwise to ever transfer an insurance policy, all the more unwise when your name remains on the policy. 

 

Good luck to you.

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Ok thanks for your reply SLESQ. Seems you have more experience in Thai law and in Thai court procedures than me. I understand your point now. There is obviously always a risk someone is sueing you without any grounds and minimising that risk by not transferring an insurance policy may or may not help you. I guess if you are worried about getting sued by the new owner of a car you have sold then I wouldn't sell my car to start with.

There are also some legal risk you have to live with. I sell and buy things all the time in my business here in Thailand and fortunately I was never sued for anything related to that.
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If you make a claim against someone you have to specify the grounds for the claim. Just saying 'his name is on the insurance policy' would not be grounds for a claim. If it was then no one would transfer an insurance policy but it's very common practice in Thailand. SLESQ's posts are just rambling speculation mixing up car sellers with product manufacturers. He seems like a 'have a go' self-taught lawyer who has no idea what he's talking about.

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Back on topic guys...

I went to see the motor today and really nice so paid 5000 deposit and his wife (Thai reg owner) signed photo ID scan as receipt. So next Thursday we are all due to head to the DLT centre to have the transfer processed.

Only strange thing was the guys wife's signature was not anywhere in the blue book. He phoned her (she was at work) and asked and she said it doesn't need to be and the signatures are the people who processed the transfers? Is this correct? Nothing dodgy as no cash paid until transfer complete at DLT so just want to save any possible wasted time.

Next question is what info will I need to give the owner about me to transfer the insurance correctly? My name, address, wife's details? Anything like drivers licence number etc? Edited by Bmouthboyo
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Back on topic guys...

I went to see the motor today and really nice so paid 5000 deposit and his wife (Thai reg owner) signed photo ID scan as receipt. So next Thursday we are all due to head to the DLT centre to have the transfer processed.

Only strange thing was the guys wife's signature was not anywhere in the blue book. He phoned her (she was at work) and asked and she said it doesn't need to be and the signatures are the people who processed the transfers? Is this correct? Nothing dodgy as no cash paid until transfer complete at DLT so just want to save any possible wasted time.

Next question is what info will I need to give the owner about me to transfer the insurance correctly? My name, address, wife's details? Anything like drivers licence number etc?

Never hear about a Blue Book has to be signed by owner…
Remember photocopy of your Passport and a Letter from Immigration, confirming/stating your address in Thailand.
Unfortunately I don’t know about moving insurance – though the mandatory one just follows the car (Blue Book/tax sticker in front window).
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I never presented my work permit.  only a valid visa.

 

I demanded the seller come with me to the DLT.  I showed him the money prior to and then handed him the money at the DLT at the time of transfer.

 

At first the seller said he did not want to go to the DLT and I simply turned around and started walking away.  He quickly changed his mind.

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If you make a claim against someone you have to specify the grounds for the claim. Just saying 'his name is on the insurance policy' would not be grounds for a claim. If it was then no one would transfer an insurance policy but it's very common practice in Thailand. SLESQ's posts are just rambling speculation mixing up car sellers with product manufacturers. He seems like a 'have a go' self-taught lawyer who has no idea what he's talking about.

 

Eddie or do you prefer Tubs: logically you are correct; sadly the practical truth is ...it's easy to specify grounds for a claim.  It happens every day... for 6 months groundless claims were made publicly in LOS that were interned only to disrupt. That happens in courts of law world wide.  Surely you can dig deeper than you did above... Should anyone advertise himself as a former owner, he gives away to others his identity as a potentially liable person that may never have ever come to light.

 

Don't take my advice.  But know few plaintiffs/claimants would not sue a deep pocket in an even less than catastrophic case.  World wide it is not unusual to see hundreds of defendants named/joined simply to increase a hoped for settlement pot or join in a loss payment rather than spend the money to defend even a defensible claim.  Eddie... I address the practical effect not some speculative practice or claim of right over might.

 

Transferring insurance policies is the common practice here and it is that I warn against.

 

I will not engage in your mindless and naive size/experience contest, but warn those who are not as bold, silly, or stupid to simply not ever transfer an insurance policy with his name on it.  

 

There is no good reason to take that risk. There are time tested reasons to avoid doing it.

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i will buy the ehicle in bkk or ratchaburi probably bkk, and it is a triton 4 door pick up

I have a 2009 Mazda BT50 4 door Automatic for sale with less than 40k, original owner. Interested?

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I am on a retirement visa with no work permit , my question is do i need a work permit to buy a car?

thanks

Let me clarify something that is seeming to confuse some here on this tread. A work permit or a cetificate of address is acceptable. If you don't have a work permit then you must obtain a certificate of address either from your embassy or immigration.  

Edited by BobTH
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You go to the local immigration office and you give them a 500 baht donation and they will provide you with a certificate of address you just need to supply a photo and a copy of your passport.

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Back on track:

 

The Thai owner will be meetign me at the DLT so hopefully make the transfer a lot smoother.

 

All I need as a second hand buyer is:

 

  • Photocopy of Work Permit inc Address section
  • Photocopy of Passport ID page and Visa Page

That is it?

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I am on a retirement visa with no work permit , my question is do i need a work permit to buy a car?

thanks

No – I am on retirement extention also and buy car in my own name. Passport and verification letter of adress from Immigration will do it. Immigration may charge a small fee (or tea money) to write the verification letter.

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