Vehicle Transfer Agreement Colombia (Contrato de Compraventa y Traspaso de Vehículo)

The Vehicle Sale and Transfer Agreement in Colombia is the legal document by which the owner of a motor vehicle (the seller) transfers its ownership for consideration to another person (the buyer), thereby perfecting the alienation of the personal property. This contract is governed by Articles 1849 and following of the Colombian Civil Code, which define the sale agreement, and by Article 47 of Law 769 of 2002 (National Land Traffic Code) and Decree 1079 of 2015, which establish that the transfer of ownership of motor vehicles must be registered in the RUNT (Registro Unico Nacional de Transito) to be enforceable against third parties.

Unlike real property, whose sale requires a public deed and registration at the Oficina de Registro de Instrumentos Publicos, motor vehicles are personal property subject to registration in the RUNT. The sale is perfected by the agreement of the parties and the delivery of the vehicle, but enforceability against third parties requires the transfer registration in the RUNT. If the seller sells the same vehicle to two different persons, the one who first registers the transfer in the RUNT becomes the legal owner under the principle of public registration (publicidad registral).

The Ministry of Transport administers the RUNT, the platform that centralizes information on all motor vehicles in Colombia, including current owner, transfer history, outstanding vehicle taxes (rodamiento), traffic fines, theft reports and SOAT (Seguro Obligatorio de Accidentes de Transito) status. Before signing, both seller and buyer should consult the RUNT certificate of title (certificado de tradicion) to verify the vehicle has no liens, attachments, theft reports or ownership restrictions.

Law 769 of 2002 and Decree 4816 of 2010 establish that vehicle taxes and traffic fines are obligations that follow the vehicle, not the previous owner. The agreement must therefore stipulate who assumes taxes and fines accrued up to the delivery date, to prevent the new owner from inheriting the former owner's debts. The DIAN applies income tax on capital gains generated by the sale of vehicles with a value exceeding the declared fiscal cost, pursuant to Article 300 of the Estatuto Tributario. forms-legal.com provides this Vehicle Transfer Agreement template covering all requirements of the RUNT and Colombian traffic authorities for 2025.

The Vehicle Sale and Transfer Agreement in Colombia is necessary in all transactions involving the alienation of motor vehicles between individuals or legal entities. It is essential when a private owner sells their used vehicle to a third party and both parties must appear before an authorized traffic authority to register the transfer in the RUNT. It is also required when a dealership or company sells vehicles from its fleet, when a vehicle is donated (implying a transfer), when a vehicle is transferred as part of a divorce or asset division agreement, or when heirs transfer a vehicle forming part of an estate.

The agreement is equally necessary when the buyer requires bank financing for the purchase — the bank requires the contract as supporting documentation for the vehicle credit. Without this document, the seller may remain liable for traffic infractions, accidents and vehicle tax obligations generated after physical delivery, since the RUNT continues to show them as the registered owner.

The transfer agreement is especially important when the vehicle carries liens. If the vehicle is pledged as collateral for a bank loan (prenda sin tenencia sobre vehiculo automotor under Article 1200 of the Commercial Code), the transfer can only proceed with the prior release of the pledge by the creditor bank, or with the bank's express authorization for the transfer with subrogation of the loan to the new owner. Entities such as Bancolombia, Banco de Bogota, Davivienda and Banco Popular have specific procedures for authorizing transfers of financed vehicles.

For public service vehicles (taxis, buses), Law 336 of 1996 and Decree 1079 of 2015 require that the transfer be approved by the affiliated transport company and the Superintendencia de Transporte, which verifies that the new owner meets the economic and moral capacity requirements for operating public transport. The transfer may also require assignment of the transport quota (cupo) or operating license, which has a separate commercial value regulated by departmental and municipal transport authorities.

The Vehicle Sale and Transfer Agreement in Colombia must contain the following elements for its validity and effectiveness before the RUNT and traffic authorities:

Full identification of the parties: Full names, national ID numbers (cedula de ciudadania), domiciles and phone numbers of seller and buyer. For legal entities: corporate name, NIT, and data of the legal representative with Camara de Comercio certificate.

Technical description of the vehicle: Current license plate, make, model (year of manufacture), color, body type, engine number, chassis or VIN (Vehicle Identification Number), displacement, number of passengers or cargo capacity, property card number. All data must match exactly what is registered in the RUNT to avoid rejection of the transfer application.

Total price and payment method: Agreed value in Colombian pesos (COP), indicating whether payment is cash, in installments, or by bank credit with identification of the financial institution.

Vehicle condition: Mileage at the time of signing, general condition (good, fair, poor), description of known damage or defects, and accessories included in the sale (spare tire, jack, tools, additional documents).

Seller's declarations under oath: The seller declares that the vehicle is free of liens, mortgages and RUNT-registered encumbrances; has no theft or total-loss reports in the SIJIN/DIJIN system; has no unpaid traffic fines; is current on vehicle taxes (rodamiento); has a valid SOAT at the date of delivery; and that the property card is in the seller's name or that of the previously registered owner.

Transfer obligation: Clause establishing the obligation of both parties to appear before the authorized traffic authority to register the transfer in the RUNT within a specified period, pursuant to Article 47 of Law 769 of 2002. Failure to register within 60 days of signing exposes the registered owner to administrative sanctions.

Actual physical delivery: Date, time and place of delivery with keys, original documents (property card, SOAT, technical inspection certificate), and accessories.

Warranty clause: The seller guarantees the buyer against eviction (Article 1893 of the Civil Code) and against redhibitory defects (Article 1914 of the Civil Code) — responding if the buyer is disturbed in possession for a cause prior to the sale, or if the vehicle has hidden defects rendering it unfit or diminishing its utility.

Tax obligations and transfer costs: Transfer costs in Colombia include fees at the Secretaria de Transito, the RUNT certificate of title, notarization of the seller's signature, and the national transfer form. The agreement must specify who assumes each cost. forms-legal.com provides this vehicle transfer template updated to current RUNT and DIAN requirements for 2025.