Do I have to pay the fines of the previous owner?
Article 82 of the Traffic Law states that the person responsible for a traffic violation is only the violator and does not involve others. In other words, traffic fines are not the business of the car owner, but of the offending driver. For example, if the previous owner drove the car illegally, then it would not involve the current owner either, because the person responsible for the traffic violation is the violator (i.e., the driver, whether or not the owner).
Therefore, you do not have to be particularly concerned about whether the previous owner has outstanding fines when purchasing a used car. Based on what has been said above, it is recommended that you write down the date as well as the time of the transaction when you sign the contract of sale as well as the transaction. This way you can prove that any car accidents that occurred before the time of the transaction are not related to the new owner.
Do I have to pay the taxes owed by the previous owner?
I believe you should know that motor vehicles in Spain are subject to the motor vehicle tax (IVTM ).
Every owner of a vehicle has to pay the IVTM to the municipality every year. According to the Local Finance Law in force in Spain, the IVTM is payable by whoever is the owner of the car on January 1st of each year. For example, if a car owner sells his car on January 2, 2023, the tax for the whole year 2023 is borne by him, even though he has only owned the car for two days in 2023.
The new owner (i.e., the buyer) will only start paying it in 2024.
What if the old car owner has pending motor vehicle taxes? Before purchasing a vehicle, you should ask the seller for a certificate of non pending taxes, or a receipt of previous tax payments (the last 4 years will suffice). The law states that if the previous owner owes taxes, the transfer of ownership may not be accepted.
Related article: Spanish Motor Vehicle Tax (IVTM)
