Index
What differentiates dealership documentation from private seller documentation
Mandatory documentation for every sale
Recommended documentation that builds trust
Specific obligations of a professional seller
What to do when documentation is missing
Delivery checklist
Frequently Asked Questions
What differentiates dealership documentation from private seller documentation
When a private individual sells their car, they can do so with a private contract, without an invoice, and without a mandatory warranty. As a professional dealership, none of those options are available.
The law distinguishes between a private seller and a professional seller because the power dynamic is different: the professional has technical and legal knowledge that the consumer buyer does not have. This asymmetry justifies a more demanding framework of obligations.
There are four specific differences. First, you are obliged to issue an invoice that complies with tax authority requirements; a private contract is not sufficient. Second, you must apply the correct tax scheme (21% VAT or REBU depending on how you purchased the car). Third, you must offer a legal warranty to the consumer buyer. Fourth, you are responsible for managing the transfer of ownership or at least facilitating the process for the buyer.
Mandatory documentation for every sale
Without any of these documents, the sale is not legal or the transfer remains blocked.
Registration certificate in the dealership's name. This must be updated with the hobby car owner's correct details. If the car was purchased from a private individual and the transfer of ownership has not yet been processed, this must be resolved before the sale to the final customer. Without the registration certificate, the DGT will not process the transfer.
Technical specifications sheet (Ficha técnica) with a valid MOT (ITV). A car with an expired MOT cannot be driven or transferred under normal conditions. If the MOT is close to expiring, it is recommended to pass it before the sale: a car with a recent inspection sells better and avoids friction with the buyer.
Invoice that complies with tax authority requirements. As a professional seller, you are obliged to issue a complete invoice. It must include: full tax details of the buyer and seller, make, model, registration number, chassis number (VIN) and mileage, total price with explicit indication of the applied tax scheme (21% VAT or mention of the REBU), transaction date, and description of the warranty offered. Print two signed copies: one for the file and one for the buyer.
Vehicle free of liens and encumbrances. Before delivery, verify that the car is free of seizures, retention of title, and impoundments. An active lien blocks the transfer at the DGT. To verify this, consult the full DGT vehicle status report (€8.67 at sede.dgt.gob.es). To understand how to detect and resolve liens, you can review the guide on impoundments and seizures on vehicles.
Proof of transfer of ownership. The dealership is responsible for processing or facilitating the name change with the DGT. The customer must be given proof that the process has been initiated: the receipt from the administrative agency (gestoría) or Form 05 if you manage it directly. Without this proof, the buyer remains unprotected if they receive fines while the car is still in your name.
Recommended documentation that builds trust
These documents are not legally mandatory but can make a crucial difference in negotiations, especially for medium-to-high priced vehicles.
Full DGT vehicle history report. This displays the history of owners, past MOTs with registered mileage, and the status of any liens. Showing this to the customer before the sale demonstrates transparency and eliminates the most common doubts about the car's history. To see how to complement it with CARFAX or CarVertical, you can consult the guide on CARFAX and DGT in car buying.
Maintenance history. A stamped service booklet or workshop invoices prove that the vehicle has been well looked after. For cars with more than 80,000 km, this is the argument that best justifies the price compared to other similar cars without documentation.
Proof of paid IVTM (road tax). The road tax must be paid for the current year. Many buyers request this as a guarantee that there are no municipal debts outstanding. This can be obtained from the local town council's online tax portal.
Delivery receipt signed by the buyer. A document signed at the time of receiving the car, reflecting the physical condition of the vehicle and the items delivered (keys, documentation, manual), is the best protection against subsequent claims regarding its condition at delivery.
Specific obligations of a professional seller
Mandatory legal warranty. Every professional seller is obliged to offer a warranty to the consumer buyer. The period is two years from delivery, which can be reduced to one year by express written agreement. Without that clause in the contract, the default two-year warranty applies. The warranty must be stated on the invoice or in the sales contract. For full details, you can review the guide on legal and commercial warranties on used cars.
Correct tax scheme on the invoice. If you bought the car from a private individual, you can apply the REBU (Special Scheme for Used Goods) and the invoice does not break down VAT. If you bought it with deductible VAT from another professional, you must charge 21% VAT on the sale. The scheme applied must be expressly stated on the invoice. The tax authority may request purchase receipts to verify consistency between the declared scheme and the vehicle's origin.
Notification of sale to the DGT. Even if the transfer of ownership is processed by the buyer or the agency, the dealership must notify the DGT of the sale at the time the contract is signed. This protects them from receiving fines or road tax (IVTM) bills for a vehicle that is no longer theirs if the buyer delays in processing the transfer.
What to do when documentation is missing
Lost registration certificate. Request a duplicate through the DGT online portal using a digital certificate, or in person at the Traffic Department. Cost: approximately €20. Without it, the transfer cannot be processed.
Expired MOT. The car cannot be driven or transferred with an expired MOT. Options: pass it before the sale, or sell it with transport to the workshop if the buyer is a professional who agrees to take on that responsibility. Under no circumstances may it be driven on public roads.
Active seizure or retention of title. The transfer remains blocked until the lien is lifted. You need to identify the listing entity, pay or negotiate the debt, and obtain the cancellation certificate. For the complete process, you can review the guide on how to lift a vehicle seizure.
Pending finance company retention of title. Request the cancellation letter from the financial institution and present it to the Personal Property Registry (Registro de Bienes Muebles) to record the cancellation.
Delivery checklist
Document | Mandatory | Action if missing |
|---|---|---|
Registration certificate | Yes | Request duplicate from DGT (€20) |
Technical sheet with valid MOT | Yes | Pass MOT before sale |
Invoice with correct tax scheme | Yes | Issue before delivery |
Proof of transfer of ownership | Yes | Process with agency or DGT portal |
Vehicle free of liens | Yes | Verify with DGT report |
Written warranty on the invoice | Yes | Include clause on the invoice |
Full DGT report | No | Recommended before publishing |
Maintenance history | No | Provide if available |
Proof of paid IVTM (road tax) | No | Request from city council |
Signed delivery receipt | No | Sign at the time of delivery |
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar automatically generates the sales invoice with the correct tax scheme (VAT or REBU), the delivery receipt digitally signed by the buyer, and keeps a complete folder for each vehicle with all its documentation. With every sale properly documented, the dealership is protected against any future claims.
If you want to see how it works, you can book a free demo at dealcar.io.
Frequently Asked Questions
Can I sell a car with an expired MOT if it is purchased by another dealership?
Yes, under certain conditions. A sale between professionals can be carried out with an expired MOT if the buyer takes on the task and the vehicle is transported (not driven) to the workshop. This must be reflected in the contract.
Is a private contract sufficient, or do I need an invoice?
If you sell as a professional, you must issue an invoice that meets tax authority requirements. A private contract is not sufficient for the tax declaration of the transaction.
Who processes the transfer of ownership?
It can be managed by either party. In practice, most dealerships handle it themselves or through an administrative agency, which simplifies the process for the buyer and reduces the risk of the transfer not being processed on time.
What happens if the buyer does not process the transfer?
The car will continue to appear in the dealership's name on the DGT registers. Fines and the subsequent year's road tax (IVTM) will be sent to the dealership. That is why it is important to notify the DGT of the sale as soon as the contract is signed, regardless of who is processing the transfer. To understand how to protect yourself in this scenario, you can consult the article on who pays the IVTM road tax when buying or selling a car.
How long must I keep the paperwork for each sale?
At least five years from the date of the sale. Tax authorities and consumer protection bodies can request paperwork for past transactions within that period.
Index
What differentiates dealership documentation from private seller documentation
Mandatory documentation for every sale
Recommended documentation that builds trust
Specific obligations of a professional seller
What to do when documentation is missing
Delivery checklist
Frequently Asked Questions
What differentiates dealership documentation from private seller documentation
When a private individual sells their car, they can do so with a private contract, without an invoice, and without a mandatory warranty. As a professional dealership, none of those options are available.
The law distinguishes between a private seller and a professional seller because the power dynamic is different: the professional has technical and legal knowledge that the consumer buyer does not have. This asymmetry justifies a more demanding framework of obligations.
There are four specific differences. First, you are obliged to issue an invoice that complies with tax authority requirements; a private contract is not sufficient. Second, you must apply the correct tax scheme (21% VAT or REBU depending on how you purchased the car). Third, you must offer a legal warranty to the consumer buyer. Fourth, you are responsible for managing the transfer of ownership or at least facilitating the process for the buyer.
Mandatory documentation for every sale
Without any of these documents, the sale is not legal or the transfer remains blocked.
Registration certificate in the dealership's name. This must be updated with the hobby car owner's correct details. If the car was purchased from a private individual and the transfer of ownership has not yet been processed, this must be resolved before the sale to the final customer. Without the registration certificate, the DGT will not process the transfer.
Technical specifications sheet (Ficha técnica) with a valid MOT (ITV). A car with an expired MOT cannot be driven or transferred under normal conditions. If the MOT is close to expiring, it is recommended to pass it before the sale: a car with a recent inspection sells better and avoids friction with the buyer.
Invoice that complies with tax authority requirements. As a professional seller, you are obliged to issue a complete invoice. It must include: full tax details of the buyer and seller, make, model, registration number, chassis number (VIN) and mileage, total price with explicit indication of the applied tax scheme (21% VAT or mention of the REBU), transaction date, and description of the warranty offered. Print two signed copies: one for the file and one for the buyer.
Vehicle free of liens and encumbrances. Before delivery, verify that the car is free of seizures, retention of title, and impoundments. An active lien blocks the transfer at the DGT. To verify this, consult the full DGT vehicle status report (€8.67 at sede.dgt.gob.es). To understand how to detect and resolve liens, you can review the guide on impoundments and seizures on vehicles.
Proof of transfer of ownership. The dealership is responsible for processing or facilitating the name change with the DGT. The customer must be given proof that the process has been initiated: the receipt from the administrative agency (gestoría) or Form 05 if you manage it directly. Without this proof, the buyer remains unprotected if they receive fines while the car is still in your name.
Recommended documentation that builds trust
These documents are not legally mandatory but can make a crucial difference in negotiations, especially for medium-to-high priced vehicles.
Full DGT vehicle history report. This displays the history of owners, past MOTs with registered mileage, and the status of any liens. Showing this to the customer before the sale demonstrates transparency and eliminates the most common doubts about the car's history. To see how to complement it with CARFAX or CarVertical, you can consult the guide on CARFAX and DGT in car buying.
Maintenance history. A stamped service booklet or workshop invoices prove that the vehicle has been well looked after. For cars with more than 80,000 km, this is the argument that best justifies the price compared to other similar cars without documentation.
Proof of paid IVTM (road tax). The road tax must be paid for the current year. Many buyers request this as a guarantee that there are no municipal debts outstanding. This can be obtained from the local town council's online tax portal.
Delivery receipt signed by the buyer. A document signed at the time of receiving the car, reflecting the physical condition of the vehicle and the items delivered (keys, documentation, manual), is the best protection against subsequent claims regarding its condition at delivery.
Specific obligations of a professional seller
Mandatory legal warranty. Every professional seller is obliged to offer a warranty to the consumer buyer. The period is two years from delivery, which can be reduced to one year by express written agreement. Without that clause in the contract, the default two-year warranty applies. The warranty must be stated on the invoice or in the sales contract. For full details, you can review the guide on legal and commercial warranties on used cars.
Correct tax scheme on the invoice. If you bought the car from a private individual, you can apply the REBU (Special Scheme for Used Goods) and the invoice does not break down VAT. If you bought it with deductible VAT from another professional, you must charge 21% VAT on the sale. The scheme applied must be expressly stated on the invoice. The tax authority may request purchase receipts to verify consistency between the declared scheme and the vehicle's origin.
Notification of sale to the DGT. Even if the transfer of ownership is processed by the buyer or the agency, the dealership must notify the DGT of the sale at the time the contract is signed. This protects them from receiving fines or road tax (IVTM) bills for a vehicle that is no longer theirs if the buyer delays in processing the transfer.
What to do when documentation is missing
Lost registration certificate. Request a duplicate through the DGT online portal using a digital certificate, or in person at the Traffic Department. Cost: approximately €20. Without it, the transfer cannot be processed.
Expired MOT. The car cannot be driven or transferred with an expired MOT. Options: pass it before the sale, or sell it with transport to the workshop if the buyer is a professional who agrees to take on that responsibility. Under no circumstances may it be driven on public roads.
Active seizure or retention of title. The transfer remains blocked until the lien is lifted. You need to identify the listing entity, pay or negotiate the debt, and obtain the cancellation certificate. For the complete process, you can review the guide on how to lift a vehicle seizure.
Pending finance company retention of title. Request the cancellation letter from the financial institution and present it to the Personal Property Registry (Registro de Bienes Muebles) to record the cancellation.
Delivery checklist
Document | Mandatory | Action if missing |
|---|---|---|
Registration certificate | Yes | Request duplicate from DGT (€20) |
Technical sheet with valid MOT | Yes | Pass MOT before sale |
Invoice with correct tax scheme | Yes | Issue before delivery |
Proof of transfer of ownership | Yes | Process with agency or DGT portal |
Vehicle free of liens | Yes | Verify with DGT report |
Written warranty on the invoice | Yes | Include clause on the invoice |
Full DGT report | No | Recommended before publishing |
Maintenance history | No | Provide if available |
Proof of paid IVTM (road tax) | No | Request from city council |
Signed delivery receipt | No | Sign at the time of delivery |
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar automatically generates the sales invoice with the correct tax scheme (VAT or REBU), the delivery receipt digitally signed by the buyer, and keeps a complete folder for each vehicle with all its documentation. With every sale properly documented, the dealership is protected against any future claims.
If you want to see how it works, you can book a free demo at dealcar.io.
Frequently Asked Questions
Can I sell a car with an expired MOT if it is purchased by another dealership?
Yes, under certain conditions. A sale between professionals can be carried out with an expired MOT if the buyer takes on the task and the vehicle is transported (not driven) to the workshop. This must be reflected in the contract.
Is a private contract sufficient, or do I need an invoice?
If you sell as a professional, you must issue an invoice that meets tax authority requirements. A private contract is not sufficient for the tax declaration of the transaction.
Who processes the transfer of ownership?
It can be managed by either party. In practice, most dealerships handle it themselves or through an administrative agency, which simplifies the process for the buyer and reduces the risk of the transfer not being processed on time.
What happens if the buyer does not process the transfer?
The car will continue to appear in the dealership's name on the DGT registers. Fines and the subsequent year's road tax (IVTM) will be sent to the dealership. That is why it is important to notify the DGT of the sale as soon as the contract is signed, regardless of who is processing the transfer. To understand how to protect yourself in this scenario, you can consult the article on who pays the IVTM road tax when buying or selling a car.
How long must I keep the paperwork for each sale?
At least five years from the date of the sale. Tax authorities and consumer protection bodies can request paperwork for past transactions within that period.
