I sold the car, but it is still registered in my name: what to do under Georgian law

What to do

1. Who the owner is: ownership of a movable item passes with its transfer on a valid basis, without registration with the MIA (Civil Code of Georgia, Art. 186). If there was only a “general power of attorney”: a representative may not conclude a transaction with himself without the consent stated in the power of attorney, so the seller may remain the owner (Civil Code of Georgia, Art. 114). A power of attorney terminates when it is revoked (Art. 109), so revoke it and formalise the sale.
2. Why the seller pays: a MIA camera fine is addressed to the person to whom the registration certificate was last issued (Code of Administrative Offences of Georgia, Art. 290¹). A decision not delivered by post is deemed served on the 30th day after its publication on the MIA website (Art. 268¹). If the addressee is not the owner, the vehicle is not sold to cover the fine; the amount is recovered from the addressee personally (Art. 290¹): first from salary, pension or other income, then from property (Art. 291). For each fine, the decision may be appealed within 10 days of service (Art. 273).
3. Re-registration at the MIA Service Agency: on a change of owner, a joint application by both parties (Rules on Registration and Deregistration of Vehicles, Art. 27); without the seller, if the buyer submits a notarised contract (Art. 30). If the buyer evades or has disappeared: an action to establish the legal relationship (transfer of ownership) (Civil Procedure Code of Georgia, Art. 180). A court decision is the basis for registration (Rules on Registration and Deregistration of Vehicles, Art. 11). Deregistration is made on the owner’s application; a seller who has handed over the car is no longer the owner and cannot deregister it himself (Art. 31).
4. Money: a written demand to the buyer to perform within an additional period, followed by a claim for compensation (Civil Code of Georgia, Art. 394). Losses from breach of an obligation are recovered from the debtor (Art. 394), including fines paid and amounts debited, if the contract obliged the buyer to re-register the car.
5. Accidents: the owner of a vehicle is liable for harm caused by its operation, which means the buyer who received the car (Civil Code of Georgia, Art. 999). Keep evidence of the transfer of the car and its date.
6. Evidence: contract or receipt; transfer act with date; copy of the power of attorney; correspondence with the buyer; the buyer’s passport details; fine decisions and documents on deductions.
7. Traps: a “general power of attorney” instead of a sale contract may leave the car in your name; do not promise the seller “deregistration on your own application”, since the only routes are re-registration to the buyer or a court decision; fine notices count as delivered even without post, so check the MIA database.

Be sure to check

• the owner is the buyer from the moment of transfer, but camera fines are addressed to the person in whose name the car is registered and are recovered from his income
• re-registration: a joint application at the MIA Service Agency or the buyer’s notarised contract; if the buyer has disappeared, a court decision
• recovery of amounts paid from the buyer as damages (demand, then action)
• liability for an accident lies with the actual owner: keep evidence of the transfer