Sample car rental agreement with subsequent purchase

Lawyer - Pushkarev Yakov Vasilievich

There are two options for legal registration of selling a car in installments:

The first option is to conclude a purchase and sale agreement with installment payment. In this case, you can transfer the car to the owner either at the time of signing the contract or on the day of the last payment, depending on what you write in your contract. If a purchase and sale agreement is concluded, if the buyer cannot pay for the car, you will need to decide what to do with the money transferred by the buyer: return it to the buyer in full or taking into account the wear and tear of the car.

The second option is to enter into a car rental agreement with subsequent purchase. According to Part 1 of Article 624 of the Civil Code of the Russian Federation, the lease agreement may provide that the leased property becomes the property of the tenant upon expiration of the lease period or before its expiration, subject to the payment by the tenant of the entire redemption price stipulated by the agreement.

When concluding such an agreement, the money contributed by the buyer-lessee is considered both a rental payment and payment of the redemption price of the car. The buyer-tenant, in the event of termination of the contract before full payment of the redemption price, will not have the right to withdraw the money paid, since it is considered rent.

Sample car rental agreement with subsequent purchase:

Agreement

car rental with subsequent purchase

Khabarovsk "___" __________ 20_ _ years

_______________________________, hereinafter referred to as the “Lessor”, on the one hand, and _______________________________, hereinafter referred to as the “Lessee”, on the other hand, have entered into this car rental agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers to the Lessee for urgent paid use a car of the brand ___________ model ____________, state registration number _______________ (hereinafter referred to as the car), and the Lessee accepts the specified car for personal use.

1.2. The car becomes the property of the Lessee upon expiration of the lease term, subject to the Lessee paying the entire redemption price specified in clause 1.3 of this agreement.

1.3. The redemption price of the car is ____________ rubles (____________________ in words ____________ rubles).

1.4. The car is used by the lessee for personal use; its use should not contradict its purpose.

1.5. For the duration of this agreement, the Lessor provides the Lessee with the documents necessary for driving the vehicles.

2. CONDITIONS OF THE AGREEMENT

2.1. When handing over the car, the parties to this agreement check its technical condition, stipulate any existing faults and the procedure for eliminating them. The fact of transfer of the car is formalized by the acceptance certificate, which is an integral part of this agreement.

2.2. In case of early agreement, the Lessee undertakes, after the expiration of the contract, to return the car to the Lessor in good technical condition, taking into account its normal wear and tear, if the condition of the body, interior, lighting fixtures, and chassis of the car corresponds to its description in the acceptance certificate on the day of transfer of the cars to the Lessee.

2.3. The lessee manages and operates the rented vehicle on his own.

2.4. If parts of the car are damaged due to the Lessee's fault, repairs are made at the Lessee's expense by replacing this part with a similar new part.

2.5. The time it takes to repair the car due to damage due to the Lessee's fault, as well as the time the car is idle due to the Lessee's fault in the parking lot or arrest area, is taken into account during the rental period of the Car and is paid by the Lessee in accordance with clause 3 of this Agreement. Parking of a car in a parking lot or arrest area due to the Tenant's fault is paid by the Tenant.

2.6. Current repairs of the vehicle are carried out by the Lessee at his own expense and on his own. The Lessee promptly changes the oil, tires, chassis parts of the Vehicle, light bulbs of optical devices (headlights), and filters of the Vehicle, taking into account the mileage of the vehicle and the time of year.

2.7. If the vehicle gets into a traffic accident, the Lessee immediately (within 30 minutes from the moment of the traffic accident) notifies the Lessor about the specified incident by sending the Lessor an SMS message to the cell phone number specified in clause 11 of this agreement, in which he indicates place and time of the traffic accident, information about the presence of injured persons, damaged parts of the car body, and the culprit of the traffic accident.

3. PAYMENT PROCEDURE

3.1. On the day of conclusion of this agreement, the Tenant, on account of the rent, pays the Lessor _________________ rubles.

3.2. Subsequently, the Tenant monthly, on the ______________ day of each month, pays rent in cash in the amount of ______________ rubles, until the redemption price specified in clause 1.3 is fully repaid. actual agreement.

3.3. The fact of receipt of funds by the Lessor from the Tenant is confirmed by a receipt drawn up by the Lessor and transferred to the Tenant.

4. DURATION OF THE AGREEMENT

4.1. The contract was concluded for the period from ____________________ to ________________________.

4.2. The agreement comes into force from the moment the parties sign the Vehicle Acceptance and Transfer Certificate.

5. RESPONSIBILITY OF THE PARTIES

5.1. When returning a car in a faulty technical condition, with damage to the car body or interior of the car, if such faults or damage occurred during the validity period of this agreement, and the presence of faults or damage is confirmed by a bilateral certificate or carried out within three days from the date of delivery of the car to the Lessor by a specialist opinion or expert, the Lessee pays the lessor the costs of repairing the car and the cost of a specialist or expert opinion.

6. CHANGE AND TERMINATION OF THE AGREEMENT

6.1. This agreement may be amended by agreement of the parties by drawing up an additional agreement, which is an integral part of this agreement.

6.2. This agreement may be terminated early at the initiative of the Lessor if the Tenant is late in paying rent. The Agreement is considered terminated on this basis from the moment the Lessor sends an SMS message to the Tenant to the Tenant's telephone number specified in clause 11 of this agreement, indicating in the SMS message which contains this expression of will.

6.3. at the request of the Lessor, the agreement may be terminated early by the court if the Lessee:

6.3.1. Uses the provided vehicle (entirely or its individual parts) for purposes other than those provided for in clause 1.1 of this agreement.

6.3.2. Intentionally or through negligence significantly worsens the condition of the vehicle.

7. DISPUTE RESOLUTION PROCEDURE

7.1. All disputes or disagreements arising between the parties under this Agreement or in connection with it shall be resolved through negotiations between the parties.

7.2. If it is impossible to resolve disagreements through negotiations, they are subject to consideration in a court of general jurisdiction on the territory of the Russian Federation in Khabarovsk on the basis of the law of the Russian Federation and in the manner established by the legislation of the Russian Federation.

8.1. The terms of this agreement and additional agreements to it are confidential and are not subject to disclosure. Information about the terms of this agreement and additional agreements to it, copies of this agreement can only be provided to banks and leasing companies to prove the solvency of the party to this agreement and obtain loans.

9.1. Neither party is liable to the other party for failure to fulfill obligations due to circumstances arising beyond the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters .

9.2. A party that cannot fulfill its obligation must notify the other party of the obstacle and its impact on the fulfillment of obligations under the contract within a reasonable time from the moment these circumstances arise.

10.1. This agreement is drawn up in two copies having equal legal force. Each sheet of both copies is signed by both parties, and each Party receives one copy.

Vehicle rental agreement with option to purchase

Document type: Vehicle rental agreement

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An agreement to rent a vehicle, which provides for the right of its subsequent purchase by the leasing party, is signed between two parties - the lessor and the lessee. The subject of the agreement is a car provided to the last participant for use. At the same time, the tenant has legal rights to purchase the movable property.

First of all, their passport details are filled in – full name, series, number, place and date of issue of the passport.

The agreement includes a number of clauses that clearly stipulate the terms of the lease with purchase of the car:

payment for the use of a vehicle and the procedure by which settlements are made between the parties to the agreement;
obligations and rights of participants in this transaction;
special and additional conditions for car rental.

The period during which the agreement is valid must be specified.

The agreement is valid when both parties to the transaction sign it, after which each party receives a copy.

Other conditions

The text of the agreement states that if the car is returned to the lessor, it must be in proper condition, and certain documents must be attached.

Form of vehicle rental agreement with the right to buy

Sample of a vehicle lease agreement with the right to buy (completed form)

Download Vehicle lease agreement with option to buy

Vehicle rental agreement with the right to purchase No.

1. THE SUBJECT OF THE AGREEMENT

1.1. Under the terms of this agreement, the Lessor leases and the Lessee accepts for lease with subsequent purchase the following motor vehicle (hereinafter referred to as the Car):

model ;
year of issue ;
license plate ;
Engine No.;
Body no.

1.2. The car is leased to the Lessee on the terms of ownership and use. After the Lessee makes all lease payments and from the moment he makes the last payment of the rent to the Lessor, the Car becomes the property of the Lessee.

1.3. The Lessee, from the moment the Lessor transfers the car to him, receives the right to re-register the registration certificate in his name for the possession and use of the Car during the entire rental period.

1.4. As agreed between the Parties, the cost of the Car, taking into account depreciation rates, technical condition, presentation and demand in the automobile market, is rubles.

2. RENT AND SETTLEMENTS BETWEEN THE PARTIES

2.1. The rent is paid by the Tenant in the following order:

from the date of signing of this agreement to “ ” year in the amount of rubles per month;
thereafter, every month in equal amounts in the amount of rubles no later than the date of the month preceding the paid one.

2.2. The rent is transferred by the Tenant to the Lessor's personal bank account or paid to the Lessor in cash.

2.3. For late payments for a period of more than one month, the Tenant shall pay the Lessor a fine - a penalty in the amount of % for each day of delay from the amount of the next payment.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lessor undertakes:

transfer to the Lessee, according to the acceptance certificate, the Car, spare parts and necessary tools for it, the technical passport of the Car within working days from the date of signing this agreement.

3.2. The tenant undertakes:

accept from the Lessor, under the acceptance certificate, the Car, spare parts and necessary tools for it, the technical passport of the Car within working days from the date of signing this agreement;
insure the Car for the entire duration of this agreement;
if you change your place of residence or financial condition, notify the Lessor about this within working days;
assume all risks associated with destruction or loss, theft, premature wear, deterioration and damage to the Vehicle, regardless of whether the damage is repairable or uncorrectable;
bear the burden of maintaining the Car in case of damage, and carry out all work on its repair and restoration at his own expense;
replace the damaged Car with any similar car, if it is impossible to restore it to a condition that satisfies the Lessor’s requirements;
make timely payments to the Lessor for the payment of rent.

3.3. The Lessee has no right to dispose of the Car (change, pledge, alienate in any other way) without the consent of the Lessor. Sublease of the Car is permitted upon agreement with the Lessor.

4. SPECIAL CONDITIONS

4.1. From the moment of signing this agreement and the acceptance certificate of the Car, all possible risks, including the risk of accidental death or accidental damage to the Car, pass to the Lessee.

4.2. Neither Party has the right to transfer its rights or obligations under this agreement to third parties without the written consent of the other Party. Any such transfer/assignment of rights or obligations made contrary to the terms of this agreement will be void and of no legal force.

4.3. In the event of the death of the Lessor, he is recognized by the court as missing, incompetent or partially capable, his rights pass to his close relatives in the manner prescribed by law.

5. ADDITIONAL CONDITIONS

5.1. Unilateral refusal by the Parties to fulfill the terms of this agreement is not permitted.

5.2. Amendments or additions to this agreement are permitted by agreement between the parties.

5.3. All changes and additions to this agreement must be made by signing additional agreements by authorized persons of the Parties.

5.4. It is allowed for the rent under this agreement to be paid for the Tenant by a third party (legal entity or individual) in full or part of the rent amount.

6. OWNERSHIP

6.1. After the Lessor receives from the Lessee the entire amount of money specified in clause 1.4 of this agreement, the Car becomes the property (possession, use and disposal) of the Lessee.

7. TERM OF THE AGREEMENT

7.1. This agreement was concluded by the Parties for a period of years and comes into force on the date of its signing by the Parties.

7.2. This agreement may be terminated by the Lessor unilaterally in the event of systematic (more than two times) failure by the Lessee to fulfill its obligations under this agreement in terms of timely payments of rent. In the event of termination by the Lessor of this agreement on the grounds specified in this paragraph, the Car and the technical passport for it is returned to the Lessor within working days from the date of termination of this agreement.

7.3. This agreement is terminated if the Lessee fulfills all of its obligations under the agreement, including the full and early payment by the Lessee of the entire amount specified in clause 1.4 of this agreement and the return of the Car to the Lessor.

8. CONSIDERATION OF DISPUTES

8.1. All disputes and disagreements arising from this agreement or in connection with it, the Parties will, if possible, resolve through negotiations. If the Parties do not come to an agreement, the dispute is subject to consideration in court in the manner prescribed by law.

8.2. In everything that is not provided for in this agreement, the Parties will be guided by the current legislation of the Russian Federation.

9. OTHER CONDITIONS

9.1. The car is transferred according to the technical condition certificate with the attachment of a technical passport, a power of attorney for transactions with the car, a copy of the certificate of previous purchase, and operating instructions.

9.2. In case of return of the Car under the terms of clause 7.2 of this agreement, the Car is transferred under the acceptance certificate with the documents attached under clause 9.1, and the return is carried out in its original condition, taking into account normal technical wear and tear during operation. This agreement has been drawn up in two copies, each having equal legal force.

Car rental with subsequent right to buy

The desire to become the owner of a new vehicle is familiar to every motorist. But not everyone has the spare cash to afford such a luxury. At the same time, financial institutions are actively offering consumer and car loans that make purchasing a car affordable.

Currently, car owners can choose a different way to purchase vehicles. This is a car rental with an option to purchase.

Conditions for renting a car with the right to buy

Car rental with the option to purchase is provided not only by companies, but also by individuals. Essentially, this is the same leasing, but for individuals. It should be noted that there are certain conditions, compliance with which makes the process of concluding a transaction most likely. At the same time, each lessor can make certain changes to the car rental agreement with the right to buy (remove or add conditions for concluding a transaction) if they do not contradict the Civil Code of the Russian Federation.

The conditions for concluding a car lease with the right to buy differ significantly from different lessors. Therefore, the tenant should clarify in advance the points that are important when choosing the optimal contract:

During the rental period, the driver will drive the car using a notarized power of attorney. Therefore, all actions related to the operation of the vehicle must be agreed upon with the owner of the vehicle.

Law on renting a car with the right to buy

The rights and obligations of the parties when leasing a vehicle with a subsequent right of purchase are clearly regulated in the Civil Code of the Russian Federation in the second part. You can clarify the data on each issue in articles 606-625.

It is difficult to overestimate the advantage of choosing a vehicle lease agreement with the right of subsequent purchase. Experts name several points of paramount importance for the driver:

Wide selection of cars. The lessee can choose a vehicle not only from the range of companies, but also enter into this agreement with a private person (of course, with his consent). The subject of the contract can be either a new car or a car with an impressive mileage, regardless of its technical condition.
No taxes for the tenant. This responsibility falls entirely on the shoulders of the company or individual (landlord).
Possibility of renewing the contract. This is especially useful if the vehicle initially selected does not meet your requirements or expectations. It is allowed to re-register the transaction where another car becomes its subject. In this case, the paid amount goes towards payment for the second vehicle. This practice is only possible if the owner has a suitable car that meets the driver’s new needs.
Before signing up for a car rental with the option to buy, you can choose any payment schedule. It can be either monthly or weekly.
A bad credit history is not an obstacle to concluding this agreement. Having outstanding loans will not be a hindrance. But arrears in traffic fines or initiated enforcement proceedings by the FSSP can become an insurmountable obstacle. After all, the owner may regard this fact as evidence of fraud and will try to protect his property.
The landlord does not require proof of income. A passport and driver's license are sufficient.
Minimal risks for the driver. With a car loan, the financial institution expects regular payments. And if they are absent, it can involve collection agencies. If a lease with subsequent purchase agreement is concluded, then if the driver’s financial situation changes, he simply stops payments and returns the car to the rightful owner.
Issues related to undergoing regular technical inspection, concluding an insurance policy, registration activities, etc. fall on the shoulders of the owner. Unless otherwise, of course, is stated in the contract.
When an insured event occurs, all activities related to filling out notices, filing a claim with the insurance company, etc. are also carried out either by the owner or his authorized representative. The driver is spared the need to take part in paperwork.

For your information

The number of pleasant bonuses for the driver is undeniable. But they will be only if, before completing the transaction, the tenant carefully studies the car rental agreement with the right to buy and makes his wishes. If the signature is made without first carefully reading the papers, then he may well be in for an unpleasant surprise in the form of additional responsibilities.

Disadvantages of renting a car with the right to buy

It is naive to believe that this financial product has only positive qualities. Experts remind you that there are a number of disadvantages in renting a car with the right to buy, which should be taken into account in advance:

Many landlords allow two options for paying the cost of the insurance policy. It can be paid at the time of registration. Or pay its cost in equal installments over the lease term.

Drawing up a car rental agreement with the right to purchase between an individual and a legal entity

The procedure for concluding a lease agreement with the right to buy a car is no different from executing any other transaction. Experts remind you that careful study of the document and strict adherence to all main stages is of paramount importance.

The algorithm of actions includes:

Studying the document. It must contain information about the vehicle provided, VIN codes, chassis numbers, body color and type, engine size, transmission data, year of manufacture, mileage, number of owners, etc.
Indicate the number and series of the tenant's passport, as well as details of the legal entity. An important point in a rental agreement with the right to buy a car will be the indication of the place of registration of the company and the driver’s residential address.
Drawing up a transfer and acceptance certificate. It clearly states the completeness of the vehicle (number of keys provided for use, additional equipment, seasonal tires, wheels, roof rails, etc.). A detailed description of the car’s shortcomings deserves special attention. These may include dents and scratches, chips and cracks on the windshield. This solution will allow you to avoid unpleasant situations involving claims from the owner during operation.
Pay careful attention to drawing up the payment schedule, rental period, etc.

Attention

If a vehicle lease agreement with the right to buy is concluded between an individual and an organization, then experts recommend seeking the help of a third-party lawyer. It will help you recognize hidden commissions and pitfalls when completing a transaction.

Download the form of a car rental agreement with the right to purchase between an individual and a legal entity in WORD format.

Drawing up a car rental agreement with the right to purchase between individuals

Experts argue that drawing up a lease agreement between individuals with the right to subsequently purchase a car is only slightly different from similar documents between an individual and a legal entity.

Two fundamental nuances are important:

Instead of the details of a legal entity, you should indicate the passport numbers and series of both the landlord and the tenant.
Instead of the legal address of the company, you should indicate the addresses of actual residence (or additionally indicate the addresses according to the registration of each of the parties).

All other clauses of the lease with subsequent purchase agreement will be identical. The more carefully the contract is drawn up, the fewer controversial situations arise in the process of fulfilling the duties of each party. And the easier it will be to find a solution in court in case of emergency.

Download the form of a car rental agreement with the right to purchase between individuals in WORD format.

Stages of the procedure

Statistics show that the entire procedure for registering a car rental with subsequent purchase takes a minimum of time. It includes the following steps:

Selecting a vehicle in the company’s fleet or searching for an individual who is ready to enter into this agreement for his movable property.
Calculation of the cost of rent, determination of the amount of the down payment, duration of the lease.
Entering the driver’s personal data into the form. It will become the basis for a security check. This will provide comprehensive information about the tenant’s reliability.
After approval by the security service, the next step is to complete the transaction.
Coordination of the concluded document with the insurance company and registration of MTPL and CASCO insurance.
Handing over the vehicle to the driver.
During the period of time established by the contract, the person regularly pays monthly (or weekly) installments.
Transfer of the car into the ownership of the lessee upon expiration of the contract and full compliance with all terms of the transaction.

IMPORTANT

We should not forget about the possibility of fraudulent actions on the part of the landlord. Therefore, experts recommend that verbal agreements must be formalized on paper. This will protect the driver from additional fees, payments or lawsuits.

Car rental for taxi

Not every car owner is ready to provide a personal vehicle for taxi work. The car may not be suitable in terms of year of manufacture or technical condition. And also your car is in good condition, often, it’s simply a pity to use it in the transportation service. After all, clients are very different and not everyone treats other people’s property with care. Also, the driver may simply not have a personal car, and working in a taxi remains the only real income in a certain situation.

The optimal solution would be to conclude an agreement to rent a car for a taxi with a subsequent right to buy the car. In this way, it is possible to select a suitable vehicle with the required technical condition and appearance.

How can a landlord cheat?

When deciding to rent a vehicle with the right to later purchase, the driver must clearly understand how to behave and what tricks an unscrupulous lessor may resort to. Among the most common fraudulent activities, experts name:

An attempt to avoid entering into a contract. The owner does this to avoid paying taxes. But for the driver, completing the transaction in the manner prescribed by law is a guarantor of rights and obligations. That is, in the absence of an agreement and the owner goes to court, the driver simply will not be able to prove that he is right, since the terms of the transaction were not recorded in an official document. Therefore, if a company or individual who owns a car tries in every possible way to avoid completing a transaction, then the optimal solution would be to refuse cooperation. The automobile market is quite extensive and choosing the right car will not be difficult.
The desire to complete the transaction as quickly as possible. The rapid conclusion of a car rental agreement with the right to buy does not leave the other party the opportunity to carefully study the document. Therefore, the tenant may miss important aspects of the transaction. For example, an increase in the cost of rent without prior information from the owner, or a unilateral extension of the lease term. A unilateral termination clause can also be a very unpleasant surprise. At first glance, everything is not so sad. But if the driver paid the rental price for 10 months, and after 11 months the owner terminates the deal, then the picture becomes completely different.

Attention

Funds paid upon termination of a car rental agreement with the right to purchase are not refundable. This is the driver's fee for the right to use the vehicle. Therefore, the choice of a lessor and the process of concluding an agreement should be treated very carefully and scrupulously.

Conclusion

The more thoughtfully the renter approaches the choice of a car, company or individual to enter into an agreement and carefully studies all the stated conditions, the higher the likelihood of a successful transaction. A good choice would be to contact a lawyer. It will not only indicate whether there are any controversial issues, but will also help avoid pitfalls when drawing up a contract.

Car rental agreement with option to purchase

LEASE CONTRACT

1. THE SUBJECT OF THE AGREEMENT

1.1. Under the terms of this agreement, the Lessor leases and the Lessee accepts for lease with subsequent purchase the following motor vehicle (hereinafter referred to as the Car):

model ;
year of issue ;
license plate ;
Engine No.;
Body no.

1.4. As agreed between the Parties, the cost of the Car, taking into account depreciation rates, technical condition, presentation and demand in the automobile market, is rubles.

2. RENT AND SETTLEMENTS BETWEEN THE PARTIES

2.1. The rent is paid by the Tenant in the following order:

from the date of signing this agreement until “ ” 2019 in the amount of rubles;
thereafter, every month in equal amounts in the amount of rubles no later than the day of the month preceding the paid one.

2.2. The rent is transferred by the Tenant to the Lessor's personal bank account or paid to the Lessor in cash.

2.3. For late payments for a period of more than one month, the Tenant shall pay the Lessor a fine - a penalty in the amount of % for each day of delay from the amount of the next payment.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The Lessor undertakes:

transfer to the Lessee, according to the acceptance certificate, the Car, spare parts and necessary tools for it, the technical passport of the Car within working days from the date of signing this agreement.

3.2. The tenant undertakes:

accept from the Lessor, under the acceptance certificate, the Car, spare parts and necessary tools for it, the technical passport of the Car within working days from the date of signing this agreement;
insure the Car for the entire duration of this agreement;
if you change your place of residence or financial condition, notify the Lessor about this within working days;
assume all risks associated with destruction or loss, theft, premature wear, deterioration and damage to the Vehicle, regardless of whether the damage is repairable or uncorrectable;
bear the burden of maintaining the Car in case of damage, and carry out all work on its repair and restoration at his own expense;
replace the damaged Car with any similar car, if it is impossible to restore it to a condition that satisfies the Lessor’s requirements;
make timely payments to the Lessor for the payment of rent.

3.3. The Lessee has no right to dispose of the Car (change, pledge, alienate in any other way) without the consent of the Lessor. Sublease of the Car is permitted upon agreement with the Lessor.

4. SPECIAL CONDITIONS

4.3. In the event of the death of the Lessor, he is recognized by the court as missing, incompetent or partially capable, his rights pass to his close relatives in the manner prescribed by law.

5. ADDITIONAL CONDITIONS

5.1. Unilateral refusal by the Parties to fulfill the terms of this agreement is not permitted.

5.2. Amendments or additions to this agreement are permitted by agreement between the parties.

5.3. All changes and additions to this agreement must be made by signing additional agreements by authorized persons of the Parties.

5.4. It is allowed for the rent under this agreement to be paid for the Tenant by a third party (legal entity or individual) in full or part of the rent amount.

6. OWNERSHIP

6.1. After the Lessor receives from the Lessee the entire amount of money specified in clause 1.4 of this agreement, the Car becomes the property (possession, use and disposal) of the Lessee.

7. TERM OF THE AGREEMENT

7.1. This agreement was concluded by the Parties for a period of years and comes into force on the date of its signing by the Parties.

8. CONSIDERATION OF DISPUTES

8.2. In everything that is not provided for in this agreement, the Parties will be guided by the current legislation of the Russian Federation.

9. OTHER CONDITIONS

Car rental agreement with subsequent purchase - sample

Essential terms of a lease agreement with the right to buy a car (sample)

A car rental agreement with the right to purchase provides for the following essential conditions:

Subject of the agreement. In this case, we are talking about the transfer for use with the subsequent right to purchase a specific vehicle. In this case, the unique characteristics of the car (technical parameters, registration data, etc.) should be described in as much detail as possible. Otherwise, the contract may be recognized as not concluded (clause 3 of article 607, part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ). However, the parties, including in a dispute regarding the invalidity of an agreement, cannot refer to insufficiently complete individualization of the leased object if the agreement was actually executed by the parties (for example, the lessee initially accepted the car without claims and operated it, etc.) (p 15 Resolution of the plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73, hereinafter referred to as Resolution No. 73).
The amount of the redemption price of the car and the rules for its payment (information is presented below).
Conditions for the transfer of ownership of the car to the lessee. The parties must determine exactly when the said right passes to the lessee: after the end of the lease agreement or subject to payment of the full redemption price of the vehicle (Clause 1, Article 624, Part 2 of the Civil Code of the Russian Federation). It is necessary to directly indicate in the contract the right to subsequently purchase the car. Often, when concluding such agreements, the parties make a mistake by confusing the concepts of subsequent redemption and, for example, the right of first refusal to buy a leased property (the latter is granted in cases regulated by law, and not by agreement of the parties). As a result, undesirable legal consequences occur (see the ruling of the Voronezh Regional Court dated February 25, 2016 in case No. 33-1112).

Car rental agreement with option to buy: ratio of redemption price and lease payments

Payments under this type of agreement have a dual status, being both a rental payment and a redemption price set by the lessee not for the use of the car, but for the acquisition of ownership of the object.

Important! The tenant's responsibilities include only making rental payments in the agreed amounts on time, while payment of the redemption price is his right.

If the court finds the condition on the redemption price to be inconsistent, the contract specifically regarding the purchase and sale may be qualified as not concluded (for example, the resolution of the Federal Antimonopoly Service of the West Siberian District dated 08/06/2010 in case No. A75-5300/2009).

The redemption price can be determined in various ways:

as the total amount of all rental payments paid throughout the duration of the contract (to obtain ownership of the car, the lessee does not pay anything else);
as the sum of lease payments plus a fixed amount formed separately from them.

In addition, the parties, by mutual agreement, can convert a regular lease agreement into a lease with an option to buy by concluding an appropriate additional agreement providing for such a right. In this case, the amounts paid for the rental can be included in the redemption price of the car (Clause 2, Article 624, Part 2 of the Civil Code of the Russian Federation).

In this case, the obligation to pay rent is terminated (unless otherwise regulated by agreement of the parties or by law). If the purchase and sale agreement is subsequently declared invalid, the lease relationship will be considered not terminated (clause 5 of Resolution No. 73).

Other terms of the agreement

Among other terms of the contract, the specification of which will play an important role in the event of disputes between the parties, the following can be specified:

Rights and obligations of the parties. It is necessary to distribute the responsibilities for insuring the vehicle, possible risks between the parties, the burden of maintaining the car, the prohibition/permission to dispose of property and the right to lease (sublease, pledge, etc.). When preparing this block of the agreement, one must rely on the provisions of Art. 644–646 part 2 of the Civil Code of the Russian Federation.
Responsibility of the parties (conditions of application and procedure for calculating fines, penalties, etc.).
The procedure for terminating the contract taking into account the provisions of Art. 619–620 part 2 of the Civil Code of the Russian Federation. It is necessary to clarify the possibility/impossibility of unilateral refusal to fulfill the contract and its conditions (Article 450.1 Part 1 of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ).

Before signing the contract, the lessee must ensure that the vehicle is in good condition. Otherwise, if malfunctions or unsuitability of transport for use are discovered in court, it will be difficult to prove in court the existence of grounds for unilateral termination of the contract (see the decision of the Supreme Court of the Republic of Sakha (Yakutia) dated April 16, 2014 in case No. 33-1114/14).

The court may invalidate the transaction if the object of the agreement is pledged and the pledgor is not given the right to dispose and alienate the pledged object. In this case, provisions on the consequences of invalidity of the transaction also apply (including the return of the redemption amount by the lessor to the lessee). See, for example, the ruling of the Ulyanovsk Regional Court dated August 10, 2010 in case No. 33-2830-2010.

Registration of the contract

An agreement for the lease of property with subsequent purchase must be concluded in the same form as the agreement for the sale and purchase of the said property. In the case under consideration, the agreement assumes a simple written form, does not require certification by a notary and is not subject to registration. On its basis, the transfer of ownership will subsequently be registered (after payment of the redemption price of the transport), but the contract itself, no matter how long it is concluded, is not registered (Article 643, Part 2 of the Civil Code of the Russian Federation).

At the same time, it is a fairly common practice when a contract for the sale and purchase of a car with a subsequent right of redemption of the party, based on the provisions of clause 3 of Art. 609 part 2 of the Civil Code of the Russian Federation, are identified with the purchase of a vehicle on credit with the condition of installments and, accordingly, they are trying to apply the provisions of Art. 489 part 2 of the Civil Code of the Russian Federation.

Clause 2 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66 clearly explains: only the rules governing the form of the purchase and sale agreement can be applied to a property lease agreement that involves its subsequent purchase. In all other respects, you should focus on the requirements of the legislation on the lease agreement.

A sample car rental agreement with subsequent purchase can be found at the link:

So, a car rental agreement with subsequent purchase is drawn up in simple written form and assumes free content at the discretion of the parties with the mandatory inclusion of essential conditions:

about the subject of the agreement;
the redemption value of the object and the procedure for its payment;
the lessee's right to repurchase the car upon payment of the entire redemption price.