Transferring a Car Without Ownership in Ontario: A Comprehensive Guide
In Ontario, transferring ownership of a vehicle typically requires the seller to provide the original vehicle ownership document, also known as the vehicle permit. If the seller does not have the ownership document, the process becomes more complicated. In this guide, we will explore the steps you can consider when the seller lacks the original ownership document, whether you're buying a car from the 80's or any other time.
Why Transfer Without Ownership Is Important
Transferring ownership without the required document can lead to complications in registering the vehicle in your name. For instance, the vehicle may be missing its ownership document due to various reasons such as loss or the original owner being unreachable. In such cases, following the proper steps is crucial to ensure a smooth transfer of the vehicle.
Steps to Follow When the Seller Lacks Ownership
Here are the steps you can consider if the seller cannot provide the original ownership document:
1. Bill of Sale
Ensure you have a signed bill of sale from the seller detailing the transaction. The bill should include the vehicle's VIN, make, model, year, and sale price. This document is essential as it provides proof of the transaction and can be useful in legal situations.
2. Affidavit
If the seller cannot provide the ownership document, they may need to complete an affidavit declaring ownership of the vehicle. This can sometimes be done at a ServiceOntario location. An affidavit is a sworn statement that can help establish the seller's claim to the vehicle.
3. Application for a New Ownership Document
The seller can apply for a replacement ownership document through ServiceOntario. This typically involves filling out a form and paying a fee. Once they obtain the new ownership document, they can transfer it to you.
4. Verification
Make sure to verify the vehicle's status using its VIN to check for any liens or issues. This can be done through the Ministry of Transportation (MTO) or other relevant authorities. Ensuring the vehicle is not stolen or has any outstanding issues is crucial before proceeding with the transfer.
Legal and Regulatory Considerations
It is always a good idea to contact ServiceOntario directly or visit their website for specific guidance and to ensure you have all necessary documents for a smooth transfer. Local regulations and legal advice should also be considered for the most current and applicable procedures.
Common Questions and Answers
Q: Can I transfer a car without ownership in Ontario?
A: No, the owner will have to obtain a copy of the ownership which they can get from any MTO office. They will also need a used vehicle information package. They can obtain it from the MTO.
Q: Can I still transfer the car?
A: Yes, but you have to get a new ownership. It has to be searched to make sure it's not rip-off.
Q: Can I get an affidavit?
A: Yes, you can. For under $1,000, you can get an affidavit done through a lawyer. This is what I had to do when I bought a car and lost the ownership, and the previous owner couldn't be reached. I paid $300, and that was 20 years ago.
Q: Is it impossible to transfer without ownership?
A: No, this is impossible to do. And anyone that tells you they don’t is lying to you. If the car is licensed, then it has ownership, and he just needs to go to Service Ontario to get a new registration and title printed. If he's unwilling to do that, then the car is almost certainly stolen.
Conclusion
Transferring a car without ownership in Ontario can be challenging but not impossible. Following the proper steps and verifying the vehicle's status is essential to ensure a smooth transfer. Always check with local regulations and legal advice for the most current and applicable procedures. By taking these steps, you can minimize the risks and ensure a successful transfer of the vehicle in your name.