Table of Contents
The three contractual documents of a professional dealership
The reservation contract: when to use it and what it should include
The sales contract: mandatory elements and key clauses
The purchase document from a private individual: what it is and why it is different
Legal warranty on used vehicles: what the law exactly says
Liability for hidden defects: what it covers and how to limit it
Digital signature in sales contracts: validity and practical advantages
Frequent contractual errors and their consequences
Frequently asked questions
The three contractual documents of a professional dealership
A buyer who claims for a defect that was described in the contract has few options. A buyer who claims for something that does not appear anywhere has many. That difference, in practical terms, is the difference between resolving an incident in minutes or facing a consumer procedure that lasts months.
For a professional dealership, the relevant contractual documents are three. The reservation contract ensures the purchase intention before delivery. The sales contract is the main document of the transaction. The purchase document from a private individual is used when the dealership is the buyer, not the seller. Each has a different purpose and a minimum content that must be known.
The reservation contract: when to use it and what it should include
The reservation contract is signed when the buyer wants to secure the acquisition of a specific vehicle before formalising the final sale, normally because they need time to obtain financing, because the car is in preparation, or because they have to wait for it to arrive from another location.
Its main function is to bind both parties during that waiting period. Without a signed reservation contract, the dealership can sell the car to someone else and the buyer has no recognised rights over it. With a reservation contract, there are reciprocal obligations.
See also how the reservation contract works in a dealership.
What the reservation contract must include:
Full identification of both parties (name, NIF, buyer's address; business name, CIF, dealership's address). Exact description of the reserved vehicle: make, model, version, colour, registration plate or chassis number if already available. Agreed sale price, which cannot be unilaterally modified. Amount of the deposit or earnest money delivered, indicating whether it is penitential earnest money (Art. 1454 of the Civil Code), confirmatory, or simply an advance payment. Validity period of the reservation: the deadline until which the dealership keeps the vehicle reserved. Conditions for returning the deposit if the transaction is not formalised, indicating who holds responsibility in each scenario.
The distinction between penitential earnest money and an advance payment has important consequences. If it is penitential earnest money, the buyer who withdraws loses the amount delivered and the dealership that withdraws must return double. If it is an advance payment on account without express classification, its return in the event of withdrawal depends on who breached the contract and can be more complicated to manage. To understand the full legal framework of reservation contracts, you can consult the article on legal clauses in vehicle reservation contracts.
The sales contract: mandatory elements and key clauses
The sales contract is the document that proves the transfer of ownership of the vehicle from the dealership to the buyer. It is the central document of the transaction and the one used as a reference in any subsequent claim.
Elements that must obligatorily appear:
Full identification of seller and buyer, with NIF or CIF in both cases. Detailed description of the vehicle: make, model, version, year of manufacture, date of first registration, registration plate, chassis number, colour, fuel type, power, and mileage at the moment of delivery. The condition of the vehicle at the moment of delivery, with express mention of known visible defects or damages (scratches, dents, non-original parts). Total sales price and payment method (cash, financed, part cash plus part-exchange). If there is a part-exchange, the agreed value of the vehicle delivered in part-payment and its description. Date and place of delivery of the vehicle. Tax regime applied to the sale: whether it is issued with itemised VAT or under the Special Scheme for Second-Hand Goods (REBU).
Clauses that protect the dealership:
The "known condition" clause is the most important for limiting subsequent claims. It must indicate that the buyer has inspected the vehicle, knows its condition, has had the opportunity to carry out a test drive, and accepts the vehicle under the described conditions. This clause does not eliminate liability for hidden defects (those that were not visible during inspection), but it does protect against claims regarding aspects that were observable at the time of delivery.
The mileage clause must include the seller's declaration regarding the vehicle's kilometres and, if the odometer data cannot be independently verified, a mention that the mileage is indicated for information purposes according to the dashboard reading. This is particularly relevant for vehicles where the MOT history does not cover every year of the car's life.
The warranty clause must specify the exact duration (minimum one year for used vehicles sold by a professional to a consumer, although it can be reduced to one year if agreed in writing), what it covers, and what is expressly excluded (normal wear and tear from use, consumables, breakdowns resulting from improper use after delivery).
The transfer and notification of sale clause must indicate that the buyer is responsible for managing the change of ownership at the DGT within 30 days of signing, and that until that process is complete, the dealership will notify the DGT of the sale to release itself from subsequent liabilities.
The purchase document from a private individual: what it is and why it is different
When the dealership is the buyer (acquiring a vehicle from a private individual to add to stock), it does not receive an invoice because the individual cannot issue one. Instead, the dealership generates a purchase document, also called a self-invoice or acquisition document.
This document is not the standard sales contract: it has a specific function that goes beyond proving the transaction. It is the tax proof that allows the dealership to apply the REBU (Special Scheme for Second-Hand Goods) in the subsequent resale of the vehicle. Without this document, the tax authority may question whether the purchase was made from a private individual without VAT.
Check the complete REBU guide for car dealerships.
Minimum content of the purchase document from a private individual:
Date of the transaction. Full details of the private seller: name, surname, DNI, and address. Details of the buying dealership: business name, CIF, and address. Description of the vehicle: make, model, registration plate, chassis number, mileage, and year. Agreed purchase price, expressed in euros. Declaration that the seller is a private individual without the right to deduct VAT. Signature of both parties.
The private individual's signature on this document is mandatory. A purchase document without the seller's signature has much lower evidentiary value in the event of a tax inspection. For more details on the tax treatment of these purchases and how they fit into the VAT return, you can consult the guide on how to declare the purchase of used vehicles.
Legal warranty on used vehicles: what the law exactly says
The legal warranty in the sale of used vehicles between a professional and a consumer is regulated by Royal Legislative Decree 1/2007 (General Law for the Defence of Consumers and Users), modified by Royal Decree-Law 7/2021, which transposes the European Directive 2019/771.
The key points that every dealership must know:
Warranty period. The legal warranty for used vehicles is two years from delivery. However, for used vehicles (not new), this period can be reduced to a minimum of one year if expressly agreed in writing in the contract and the buyer is informed of this reduction prior to signing. If the contract does not mention anything about the warranty or mentions two years, two years apply.
Who is protected. The legal warranty applies when the buyer is a consumer (a natural person acting outside of their trade, business, craft, or profession). If the buyer is a company or self-employed professional acquiring the vehicle for their business activity, the Consumer Law does not apply, and the warranty conditions are those freely agreed in the contract.
What it covers. Any lack of conformity existing at the moment of the vehicle's delivery. The law establishes a presumption: defects that manifest during the first year after delivery are presumed to have existed at the time of delivery, unless the seller proves otherwise or this is incompatible with the nature of the goods or the nature of the lack of conformity. In the second year, it is up to the buyer to prove that the defect existed at the time of delivery.
What it does not cover. Normal wear and tear from use, consumables (tyres, brakes, clutch), damage caused by misuse or accident after delivery, and defects that were visible and known to the buyer at the moment of purchase (which reinforces the importance of describing the condition of the vehicle in the contract).
For a detailed explanation of the differences between legal warranty and commercial warranty and how to offer them correctly, you can consult the article on differences between legal warranty and commercial warranty in cars.
Liability for hidden defects: what it covers and how to limit it
Hidden defects are those that were not visible or detectable in an ordinary inspection at the moment of delivery and that affect the normal use of the vehicle. The Civil Code (Art. 1484 and subsequent) and the Consumer Law regulate the seller's liability for these defects.
Liability exists even if the seller was unaware of the defect: the good faith of the seller does not eliminate the obligation to respond. The buyer who discovers a hidden defect has the right to choose between repair or replacement of the vehicle, reduction of the price, or termination of the contract with a refund of the amount paid.
How to limit the risk contractually:
Describing the vehicle's condition in detail in the contract, including known defects, reduces the scope of what can be claimed as "hidden". A dent in the bumper described in the contract cannot be claimed as a hidden defect. A mechanical issue not detected in the prior check-up and not mentioned can be.
Including in the contract that the buyer has had the opportunity to commission an independent technical inspection, even if they did not exercise it, strengthens the seller's position against subsequent claims regarding the mechanical condition.
For vehicles with high mileage or older than ten years, it is common to include a clause that explicitly recognises the advanced state of use of the vehicle and that the buyer assumes the risks inherent to that age and use. This clause does not eliminate the legal warranty, but it contextualises reasonable expectations about the vehicle's condition.
Read also what is the procedure for returning a car and when it applies.
Digital signature in sales contracts: validity and practical advantages
The qualified electronic signature has the same legal validity as a handwritten signature according to the European eIDAS Regulation (Regulation UE 910/2014) and Law 6/2020 on trust services. A sales contract signed digitally with a qualified solution is a document with full evidentiary value before the courts.
For the daily operations of a dealership, digital signature offers concrete advantages. It allows closing transactions without the buyer having to physically travel to sign: the contract is sent by email, the buyer signs it from their phone, and it is registered with a timestamp. It eliminates the problem of unsigned paper documents appearing days later. It facilitates the archiving and retrieval of historical contracts without relying on physical folders. And in the event of a claim, the digitally signed document has a traceability (IP, date, time, verified identity) that a hand-signed paper cannot always match.
The most commonly used digital signature systems in the sector are Docusign, Signaturit, and Viafirma, although other alternatives exist. For high-volume operations, some automotive DMS include integrated digital signature in the contract generation workflow, eliminating an extra step in the process.
Frequent contractual errors and their consequences
Not describing the vehicle's condition in the contract. A contract that only identifies the vehicle and the price, without mentioning its condition, leaves the door open to claims on any subsequent defect. The buyer can argue that the dealership knew about the issues and did not report them. The solution is to include a vehicle condition section with a description of the verified elements and observed defects.
Setting a one-year warranty without express written agreement. If the contract simply says "warranty: 1 year" without a clause explaining that it has been reduced from the legal two years and that the buyer expressly consents to that reduction, the clause can be considered null and void, and the default two-year warranty will apply.
Not including the tax regime in the sales contract. If the contract does not indicate whether the transaction is made under REBU or under the general regime, and a corporate buyer tries to deduct VAT that was not itemised, conflict is guaranteed. The applied tax regime must appear in the contract and on the invoice.
Generating the purchase document from a private individual after the transaction. The purchase document must be generated and signed at the moment of the transaction, not days later. A purchase document dated after the vehicle entered the stock creates inconsistencies that the tax authority will detect. You can review other common errors in document management in the article on stock management errors in dealerships.
Not notifying the DGT of the sale after signing the contract. The dealership remains the registered owner of the vehicle until the buyer completes the change of ownership. Notifying the DGT of the sale immediately after signing the contract disassociates the dealership from fines and incidents that the buyer may generate before processing the transfer.
See also what documents you need to sell a car correctly.
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar generates sales contracts, reservation contracts, and purchase documents from private individuals directly from each vehicle's file, with the details filled in automatically. The documents are sent for digital signature and are archived linked to the vehicle's file, available for any future query or claim.
You can see how it works at dealcar.io/gestoria or request a demo at dealcar.io.
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar generates sales contracts, reservation contracts, and purchase documents from private individuals directly from each vehicle's file, with the details filled in automatically. The documents are sent for digital signature and are archived linked to the vehicle's file, available for any future query or claim.
You can see how it works at dealcar.io/gestoria or request a demo at dealcar.io.
Frequently asked questions
Is it mandatory to provide a written sales contract to the buyer?
Yes. The Consumer Law obliges the professional seller to provide the consumer with a document proving the purchase containing the essential conditions of the transaction. Although the law does not require a specific format, the sales contract signed by both parties is the standard document that meets this obligation and protects the seller in the event of a claim.
Can I limit the legal warranty to six months for very old vehicles?
No. The legal minimum for used vehicles sold by a professional to a consumer is one year, although it can be reduced from the legal two years to one by express agreement. There is no exception for the age of the vehicle. What is possible is to contextualise the advanced state of use and associated risks in the contract, which can influence how a subsequent claim is interpreted.
Is the sales contract valid for the transfer at the DGT?
The sales contract proves the agreement between the parties, but the process of changing ownership at the DGT requires additional specific documentation: the vehicle's registration certificate, the buyer's DNI, and payment of the ITP tax (if the buyer is a private individual). The DGT does not accept the sales contract as the sole document for the transfer.
What happens if the buyer does not complete the change of ownership within the 30-day period?
The 30-day period to complete the transfer is an obligation of the buyer, not the dealership. If the buyer fails to meet this deadline, the dealership continues to appear as the registered owner and may receive fines and incidents under its name. The notification of sale to the DGT, which the dealership can do immediately after signing, is the measure that protects it in this scenario.
Is a sales contract without a date valid?
A contract without a date is valid between the parties who sign it, but it presents evidentiary problems if it is necessary to prove when the transaction took place. In practice, the date of the contract is relevant for calculating the start of the warranty period, for notifying the DGT of the sale, and for the REBU register. A contract without a date or with a date later than the actual delivery generates inconsistencies that are difficult to justify.
Table of Contents
The three contractual documents of a professional dealership
The reservation contract: when to use it and what it should include
The sales contract: mandatory elements and key clauses
The purchase document from a private individual: what it is and why it is different
Legal warranty on used vehicles: what the law exactly says
Liability for hidden defects: what it covers and how to limit it
Digital signature in sales contracts: validity and practical advantages
Frequent contractual errors and their consequences
Frequently asked questions
The three contractual documents of a professional dealership
A buyer who claims for a defect that was described in the contract has few options. A buyer who claims for something that does not appear anywhere has many. That difference, in practical terms, is the difference between resolving an incident in minutes or facing a consumer procedure that lasts months.
For a professional dealership, the relevant contractual documents are three. The reservation contract ensures the purchase intention before delivery. The sales contract is the main document of the transaction. The purchase document from a private individual is used when the dealership is the buyer, not the seller. Each has a different purpose and a minimum content that must be known.
The reservation contract: when to use it and what it should include
The reservation contract is signed when the buyer wants to secure the acquisition of a specific vehicle before formalising the final sale, normally because they need time to obtain financing, because the car is in preparation, or because they have to wait for it to arrive from another location.
Its main function is to bind both parties during that waiting period. Without a signed reservation contract, the dealership can sell the car to someone else and the buyer has no recognised rights over it. With a reservation contract, there are reciprocal obligations.
See also how the reservation contract works in a dealership.
What the reservation contract must include:
Full identification of both parties (name, NIF, buyer's address; business name, CIF, dealership's address). Exact description of the reserved vehicle: make, model, version, colour, registration plate or chassis number if already available. Agreed sale price, which cannot be unilaterally modified. Amount of the deposit or earnest money delivered, indicating whether it is penitential earnest money (Art. 1454 of the Civil Code), confirmatory, or simply an advance payment. Validity period of the reservation: the deadline until which the dealership keeps the vehicle reserved. Conditions for returning the deposit if the transaction is not formalised, indicating who holds responsibility in each scenario.
The distinction between penitential earnest money and an advance payment has important consequences. If it is penitential earnest money, the buyer who withdraws loses the amount delivered and the dealership that withdraws must return double. If it is an advance payment on account without express classification, its return in the event of withdrawal depends on who breached the contract and can be more complicated to manage. To understand the full legal framework of reservation contracts, you can consult the article on legal clauses in vehicle reservation contracts.
The sales contract: mandatory elements and key clauses
The sales contract is the document that proves the transfer of ownership of the vehicle from the dealership to the buyer. It is the central document of the transaction and the one used as a reference in any subsequent claim.
Elements that must obligatorily appear:
Full identification of seller and buyer, with NIF or CIF in both cases. Detailed description of the vehicle: make, model, version, year of manufacture, date of first registration, registration plate, chassis number, colour, fuel type, power, and mileage at the moment of delivery. The condition of the vehicle at the moment of delivery, with express mention of known visible defects or damages (scratches, dents, non-original parts). Total sales price and payment method (cash, financed, part cash plus part-exchange). If there is a part-exchange, the agreed value of the vehicle delivered in part-payment and its description. Date and place of delivery of the vehicle. Tax regime applied to the sale: whether it is issued with itemised VAT or under the Special Scheme for Second-Hand Goods (REBU).
Clauses that protect the dealership:
The "known condition" clause is the most important for limiting subsequent claims. It must indicate that the buyer has inspected the vehicle, knows its condition, has had the opportunity to carry out a test drive, and accepts the vehicle under the described conditions. This clause does not eliminate liability for hidden defects (those that were not visible during inspection), but it does protect against claims regarding aspects that were observable at the time of delivery.
The mileage clause must include the seller's declaration regarding the vehicle's kilometres and, if the odometer data cannot be independently verified, a mention that the mileage is indicated for information purposes according to the dashboard reading. This is particularly relevant for vehicles where the MOT history does not cover every year of the car's life.
The warranty clause must specify the exact duration (minimum one year for used vehicles sold by a professional to a consumer, although it can be reduced to one year if agreed in writing), what it covers, and what is expressly excluded (normal wear and tear from use, consumables, breakdowns resulting from improper use after delivery).
The transfer and notification of sale clause must indicate that the buyer is responsible for managing the change of ownership at the DGT within 30 days of signing, and that until that process is complete, the dealership will notify the DGT of the sale to release itself from subsequent liabilities.
The purchase document from a private individual: what it is and why it is different
When the dealership is the buyer (acquiring a vehicle from a private individual to add to stock), it does not receive an invoice because the individual cannot issue one. Instead, the dealership generates a purchase document, also called a self-invoice or acquisition document.
This document is not the standard sales contract: it has a specific function that goes beyond proving the transaction. It is the tax proof that allows the dealership to apply the REBU (Special Scheme for Second-Hand Goods) in the subsequent resale of the vehicle. Without this document, the tax authority may question whether the purchase was made from a private individual without VAT.
Check the complete REBU guide for car dealerships.
Minimum content of the purchase document from a private individual:
Date of the transaction. Full details of the private seller: name, surname, DNI, and address. Details of the buying dealership: business name, CIF, and address. Description of the vehicle: make, model, registration plate, chassis number, mileage, and year. Agreed purchase price, expressed in euros. Declaration that the seller is a private individual without the right to deduct VAT. Signature of both parties.
The private individual's signature on this document is mandatory. A purchase document without the seller's signature has much lower evidentiary value in the event of a tax inspection. For more details on the tax treatment of these purchases and how they fit into the VAT return, you can consult the guide on how to declare the purchase of used vehicles.
Legal warranty on used vehicles: what the law exactly says
The legal warranty in the sale of used vehicles between a professional and a consumer is regulated by Royal Legislative Decree 1/2007 (General Law for the Defence of Consumers and Users), modified by Royal Decree-Law 7/2021, which transposes the European Directive 2019/771.
The key points that every dealership must know:
Warranty period. The legal warranty for used vehicles is two years from delivery. However, for used vehicles (not new), this period can be reduced to a minimum of one year if expressly agreed in writing in the contract and the buyer is informed of this reduction prior to signing. If the contract does not mention anything about the warranty or mentions two years, two years apply.
Who is protected. The legal warranty applies when the buyer is a consumer (a natural person acting outside of their trade, business, craft, or profession). If the buyer is a company or self-employed professional acquiring the vehicle for their business activity, the Consumer Law does not apply, and the warranty conditions are those freely agreed in the contract.
What it covers. Any lack of conformity existing at the moment of the vehicle's delivery. The law establishes a presumption: defects that manifest during the first year after delivery are presumed to have existed at the time of delivery, unless the seller proves otherwise or this is incompatible with the nature of the goods or the nature of the lack of conformity. In the second year, it is up to the buyer to prove that the defect existed at the time of delivery.
What it does not cover. Normal wear and tear from use, consumables (tyres, brakes, clutch), damage caused by misuse or accident after delivery, and defects that were visible and known to the buyer at the moment of purchase (which reinforces the importance of describing the condition of the vehicle in the contract).
For a detailed explanation of the differences between legal warranty and commercial warranty and how to offer them correctly, you can consult the article on differences between legal warranty and commercial warranty in cars.
Liability for hidden defects: what it covers and how to limit it
Hidden defects are those that were not visible or detectable in an ordinary inspection at the moment of delivery and that affect the normal use of the vehicle. The Civil Code (Art. 1484 and subsequent) and the Consumer Law regulate the seller's liability for these defects.
Liability exists even if the seller was unaware of the defect: the good faith of the seller does not eliminate the obligation to respond. The buyer who discovers a hidden defect has the right to choose between repair or replacement of the vehicle, reduction of the price, or termination of the contract with a refund of the amount paid.
How to limit the risk contractually:
Describing the vehicle's condition in detail in the contract, including known defects, reduces the scope of what can be claimed as "hidden". A dent in the bumper described in the contract cannot be claimed as a hidden defect. A mechanical issue not detected in the prior check-up and not mentioned can be.
Including in the contract that the buyer has had the opportunity to commission an independent technical inspection, even if they did not exercise it, strengthens the seller's position against subsequent claims regarding the mechanical condition.
For vehicles with high mileage or older than ten years, it is common to include a clause that explicitly recognises the advanced state of use of the vehicle and that the buyer assumes the risks inherent to that age and use. This clause does not eliminate the legal warranty, but it contextualises reasonable expectations about the vehicle's condition.
Read also what is the procedure for returning a car and when it applies.
Digital signature in sales contracts: validity and practical advantages
The qualified electronic signature has the same legal validity as a handwritten signature according to the European eIDAS Regulation (Regulation UE 910/2014) and Law 6/2020 on trust services. A sales contract signed digitally with a qualified solution is a document with full evidentiary value before the courts.
For the daily operations of a dealership, digital signature offers concrete advantages. It allows closing transactions without the buyer having to physically travel to sign: the contract is sent by email, the buyer signs it from their phone, and it is registered with a timestamp. It eliminates the problem of unsigned paper documents appearing days later. It facilitates the archiving and retrieval of historical contracts without relying on physical folders. And in the event of a claim, the digitally signed document has a traceability (IP, date, time, verified identity) that a hand-signed paper cannot always match.
The most commonly used digital signature systems in the sector are Docusign, Signaturit, and Viafirma, although other alternatives exist. For high-volume operations, some automotive DMS include integrated digital signature in the contract generation workflow, eliminating an extra step in the process.
Frequent contractual errors and their consequences
Not describing the vehicle's condition in the contract. A contract that only identifies the vehicle and the price, without mentioning its condition, leaves the door open to claims on any subsequent defect. The buyer can argue that the dealership knew about the issues and did not report them. The solution is to include a vehicle condition section with a description of the verified elements and observed defects.
Setting a one-year warranty without express written agreement. If the contract simply says "warranty: 1 year" without a clause explaining that it has been reduced from the legal two years and that the buyer expressly consents to that reduction, the clause can be considered null and void, and the default two-year warranty will apply.
Not including the tax regime in the sales contract. If the contract does not indicate whether the transaction is made under REBU or under the general regime, and a corporate buyer tries to deduct VAT that was not itemised, conflict is guaranteed. The applied tax regime must appear in the contract and on the invoice.
Generating the purchase document from a private individual after the transaction. The purchase document must be generated and signed at the moment of the transaction, not days later. A purchase document dated after the vehicle entered the stock creates inconsistencies that the tax authority will detect. You can review other common errors in document management in the article on stock management errors in dealerships.
Not notifying the DGT of the sale after signing the contract. The dealership remains the registered owner of the vehicle until the buyer completes the change of ownership. Notifying the DGT of the sale immediately after signing the contract disassociates the dealership from fines and incidents that the buyer may generate before processing the transfer.
See also what documents you need to sell a car correctly.
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar generates sales contracts, reservation contracts, and purchase documents from private individuals directly from each vehicle's file, with the details filled in automatically. The documents are sent for digital signature and are archived linked to the vehicle's file, available for any future query or claim.
You can see how it works at dealcar.io/gestoria or request a demo at dealcar.io.
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar generates sales contracts, reservation contracts, and purchase documents from private individuals directly from each vehicle's file, with the details filled in automatically. The documents are sent for digital signature and are archived linked to the vehicle's file, available for any future query or claim.
You can see how it works at dealcar.io/gestoria or request a demo at dealcar.io.
Frequently asked questions
Is it mandatory to provide a written sales contract to the buyer?
Yes. The Consumer Law obliges the professional seller to provide the consumer with a document proving the purchase containing the essential conditions of the transaction. Although the law does not require a specific format, the sales contract signed by both parties is the standard document that meets this obligation and protects the seller in the event of a claim.
Can I limit the legal warranty to six months for very old vehicles?
No. The legal minimum for used vehicles sold by a professional to a consumer is one year, although it can be reduced from the legal two years to one by express agreement. There is no exception for the age of the vehicle. What is possible is to contextualise the advanced state of use and associated risks in the contract, which can influence how a subsequent claim is interpreted.
Is the sales contract valid for the transfer at the DGT?
The sales contract proves the agreement between the parties, but the process of changing ownership at the DGT requires additional specific documentation: the vehicle's registration certificate, the buyer's DNI, and payment of the ITP tax (if the buyer is a private individual). The DGT does not accept the sales contract as the sole document for the transfer.
What happens if the buyer does not complete the change of ownership within the 30-day period?
The 30-day period to complete the transfer is an obligation of the buyer, not the dealership. If the buyer fails to meet this deadline, the dealership continues to appear as the registered owner and may receive fines and incidents under its name. The notification of sale to the DGT, which the dealership can do immediately after signing, is the measure that protects it in this scenario.
Is a sales contract without a date valid?
A contract without a date is valid between the parties who sign it, but it presents evidentiary problems if it is necessary to prove when the transaction took place. In practice, the date of the contract is relevant for calculating the start of the warranty period, for notifying the DGT of the sale, and for the REBU register. A contract without a date or with a date later than the actual delivery generates inconsistencies that are difficult to justify.
