Vehicle rental agreement with option to 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:

1. 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.
2. Calculation of the cost of rent, determination of the amount of the down payment, duration of the lease.
3. 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.
4. After approval by the security service, the next step is to complete the transaction.
5. Coordination of the concluded document with the insurance company and registration of MTPL and CASCO insurance.
6. Handing over the vehicle to the driver.
7. During the period of time established by the contract, the person regularly pays monthly (or weekly) installments.
8. 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.

Vehicle lease agreement with subsequent purchase - sample and procedure for execution

An agreement to lease a vehicle and then purchase it is a profitable way to purchase a car. Before concluding an agreement, you need to find out general information about the sections of the agreement and the essential terms of the agreement.

What conditions must be agreed upon?

A lease agreement with the right to buy between individuals has a number of conditions, failure to agree on which may lead to the recognition of such an agreement as invalid. These conditions are:

1. the object of the contract is the car that will be purchased;
2. redemption value.

To describe the object of the contract, it is worth indicating in the transfer deed or the text of the contract itself such parameters as:

• car model;
• model;
• VIN number;
• technical characteristics (year of manufacture, engine model, color, body volume, unloaded weight, maximum permissible weight for transportation).

A car is a technically complex product, so it is worth specifying in a separate paragraph in what configuration it is transferred and together with what documents.

The package may include: winter and summer tires, a car radio, cables, emergency signs, a first aid kit, brushes, pumps, sets of keys, mats, etc. The scope of documentation includes a registration certificate, a vehicle passport, a coupon indicating a technical inspection, OSAGO or CASCO policy with an attachment (with an accident notification form).

Due to the fact that for redemption it is necessary to pay the full price, which is a mandatory condition of the contract, it is necessary to determine in advance the procedure for paying rent and what the consequences of late payment or non-payment are. Most often, landlords insist on the right to unilaterally terminate the agreement, in which case the funds collected before the tenant violated the agreement are not returned.

Separately, it is necessary to pay attention to the procedure for transferring the car into the ownership of the lessee - it is worth writing them down in detail in order to further protect yourself from non-fulfillment of the terms of the transaction.

The procedure for drawing up a vehicle lease agreement with the right to buy

According to the terms of a car rental agreement with the right to buy, the owner of the vehicle must provide the car for use for a certain period and for a fee. Let's consider a number of rules that it is advisable to follow when concluding an agreement:

The parties to the agreement in this case are individuals, so the preamble must indicate the number, series of passport and place of residence of each person.

The transfer of the car occurs by signing an acceptance certificate indicating the completeness of the goods and the documents attached to it. At the same time, the act indicates in detail what shortcomings the vehicle has: scratches, dents, mileage, etc. This act must be mentioned in the subject of the contract, indicating that it is an integral annex to the main document.

A transaction can also be concluded by power of attorney - if the party wishes to resort to the services of a specialist.

In a vehicle rental agreement with the right to purchase, all of the above mandatory conditions should be specified: the redemption value of the car, the procedure for its transfer. It is most correct to agree on a separate additional agreement that would concern the right to buy the car, which will subsequently serve as the basis for re-registration of the agreement with the State Traffic Safety Inspectorate.

The transaction is concluded in simple written form and does not require notarization.

Additional terms of the agreement

The contract should also include the following sections:

• payment procedure (it is specified whether funds are transferred in cash or non-cash, what is the amount of the monthly fee, etc.);
• rights and obligations of the parties (generally repeats the remaining terms of the contract, duplicates the provisions of the civil code);
• liability in case of violation of the rights of the counterparty (fines, penalties and other ways to ensure obligations are prescribed);
• the procedure for terminating the contract must be agreed upon, taking into account the fact that a delay in payment may occur, therefore it is undesirable to prescribe a condition on the possibility of unilateral refusal (Article 450.1, Part 1 of the Civil Code of the Russian Federation of November 30, 1994 No. 51-FZ).

When concluding a transaction, the lessee should make sure that the car is not stolen or pledged to third parties, because such a transaction is usually declared invalid by the court, which means the counterparties return to their original position (before the conclusion of the contract).

The rent payment has a dual legal nature: on the one hand, it is rent, on the other, it is included in the cost of the subject of the contract. The purchase price can be interpreted as the total amount of all lease payments, or it is formed separately from them.

Documents required for concluding a transaction and subsequent registration of a vehicle

The package of documents required to conclude this agreement includes:

• application to the traffic police in the prescribed form;
• documents proving identity and registration;
• payment of the state fee (amending the PTS and issuing a new registration certificate will cost 850 rubles, and maintaining old license plates will cost 2,850 rubles);
• car passport;
• car rental agreement with subsequent purchase with additional agreements and appendices;
• CASCO, OSAGO policy;
• registration plates.

The procedure for filling out the registration application form:

1. enter the applicant’s full name in strict accordance with the passport data;
2. select the required registration action (registration, changing registration data due to a change in the owner’s registration);
3. indicate the owner’s full name, address, gender, citizenship;
4. fill in the vehicle data (number, make, model, etc.)
5. Check the application and sign.

The agreement itself is not registered, which is established by clause 2 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 11, 2002 No. 66.

Thus, the agreement must be drawn up in simple written form and may include any payment procedure and other conditions, but the parties must determine points regarding the subject of the agreement, the cost and the right of the lessee to purchase the car.

How to correctly draw up a car rental agreement with subsequent purchase

Personal transport is the dream of many people. And if someone decides to take out a car loan or make a cash purchase, others simply may not have this opportunity for various reasons. Therefore, the procedure of buying a car after its long-term use is currently gaining popularity. A sample car rental agreement with the right of subsequent purchase is easy to find on the Internet and it is really relevant: such a transaction has its own characteristics and gives advantages to entities in comparison with other types of agreements.

Features of car rental with option to buy

The nuances of this legal structure make its principle unique. Subtleties and distinctive features require detailed consideration in appropriate situations. The essence of the lease-purchase agreement:

• The owner transfers the property, ensuring its suitability for use;
• The tenant systematically, for example, monthly, pays rent and/or redemption fees;
• Upon expiration of the contract or upon payment of the entire amount ahead of schedule, a change of ownership occurs.

Sometimes this deal is almost irreplaceable. For example, in the case of a damaged credit history or complete absence of one. The tenant does not have to prove his solvency to anyone. However, other situations require the use of this agreement:

• If the buyer is unable to make the down payment required to obtain a loan. A car rental agreement with the right to buy between individuals does not necessarily require this payment. Although the document itself may provide otherwise.
• In the case where the buyer is an organization that uses several cars and plans to sell them after the resource has expired. For example, a company engaged in the transportation of goods or passengers.
• For entrepreneurs engaged in the resale of used vehicles, but who do not want to take out an installment plan.
• For car enthusiasts who value a preliminary check of the quality of a used car.
• In the case where a person does not have documents or a passport. The common belief that a driver's license is necessary is erroneous. After all, its absence is not an obstacle to registering a car with the traffic police.

A used car rental agreement with subsequent purchase, concluded between individuals or legal entities, has other features.

It is important to know! The total cost of the car consists of lease payments and the purchase price. However, this price may already be taken into account by the amount of the rent. To avoid confusion, it is advisable to differentiate these amounts by setting deadlines for making each fee separately and the consequences of violating them.

With regard to the execution of the document and the change of owner, this transaction is subject to the regulations for the purchase and sale of property (Chapter 30 of the Civil Code of the Russian Federation). The rest follows the rules established by Art. 642 - 649 of the Civil Code of the Russian Federation (rent of vehicles without providing driver services and repairs). And in Art. 624 of the Civil Code (on the repurchase of leased property), the legislator summarized the grounds for the consequences of the conclusion and execution of the contract in question. Therefore, it differs from other types of transactions related to the change of car ownership.

Differences from leasing:

1. The transaction involves the participation of three entities - the owner, the lessor and the lessee.
2. Legal consequences occur after the completion of not one, but two contracts - between all parties.
3. The vehicle purchased is the one specified by the future owner.

Difference from purchase and sale on credit with installments:

1. When applying for a car loan, the property immediately becomes the property of the buyer, which means that he will have corresponding responsibilities (for example, paying taxes). When a lease agreement with subsequent purchase is concluded, they are the responsibility of the lessor, unless otherwise provided by the document.
2. When selling a property in installments, the lender checks the buyer's solvency. Therefore, the borrower must provide several documents and certificates.
3. The cost of a vehicle when purchased on credit consists only of the price of the car and the interest rate. When renting with purchase, rent is added, and there is no bank markup.

Difference from rent:

1. The tenant only pays rent.
2. The lessor is not obliged to transfer ownership of the property.
3. The renter does not become the owner of the car.
4. Most of the risks associated with the technical condition of the machine are borne by its owner. Although in Art. 646 of the Civil Code, the legislator places this responsibility on the tenant, but in practice he risks almost nothing.

Advantages and disadvantages

Entering into a lease-to-buy agreement for a used car provides benefits to both the buyer and the seller. However, it also has disadvantages associated, as a rule, with the conditions not clearly stated in the document. To avoid making mistakes again, it is advisable to have an idea of ​​what we are talking about.

Main disadvantages of the agreement:

• The lessee may refuse to purchase if the car is in unsatisfactory condition. It will be difficult for the landlord to prove his case if the contract is drawn up with omission of significant aspects (for example, the absence of a property acceptance certificate).
• The seller may refuse to sell at the end of the lease term if the appropriate conditions apply. Thus, he deprives the buyer of both the car and the redemption money paid. Therefore, these factors must be clearly stated in the document, along with the possibility of relief for the tenant.
• Notifications of fines and other government fees are sent to the owner’s address, although Art. 646 of the Civil Code and places this responsibility on the tenant. Moreover, this is not affected by the conditions included in the signed sample car rental agreement with its subsequent purchase.
• A transaction may be declared void in the event of any encumbrance on the property (customs, debts of owners, collateral). Therefore, preliminary verification of the owner’s right to sell equipment is very important.

Main advantages of the deal:

1. A potential buyer can refuse the car at any time, sacrificing only the redemption money.
2. The seller does not bear any financial risks, except for the possible dishonest behavior of the buyer. However, the latter's fulfillment of his duties practically eliminates this risk.
3. The car is not pledged as it is not the property of the tenant.
4. The tenant treats the property with care, planning to become its owner.
5. To complete the contract, the buyer only needs an ID card.
6. The agreement may consist of any clauses necessary, in the opinion of the parties, including, without fail, essential conditions.
7. A sample car rental agreement with the right to buy is drawn up in writing and does not require mandatory notarization. However, this notarial act provides a significant plus to the legal force of the document:
   • establishing the identity of both subjects and their legal capacity;
   • checking the presence of essential terms in the contract;
   • confirmation of the transaction without coercion or deception;
   • confirmation of the sober state of the parties.

It is important to know! Notarization of a document greatly simplifies legal proceedings in a controversial situation. In fact, there will be no process, because the court will simply issue an order based on this agreement and other related documents.

Procedure for drawing up a contract

The procedure itself consists of putting the agreement in simple written form and signing it. It does not require mandatory registration or notarization.

However, to correctly draw up a car rental agreement with the right to buy it, you need a minimum package of documents:

1. For individuals:
   • identity card (passport) of the parties to the transaction;
   • vehicle registration certificate and its passport.
2. For legal entities:
   • constituent documents;
   • extract form from the Unified State Register of Legal Entities;
   • power of attorney or other authorizing document.

Procedure for drawing up an agreement

Like any other document, the copy in question must comply with established rules. Neglecting the structure, as well as the most important elements of content, can lead to the leveling of the deal.

Basic structure of the contract:

• detailed information about the subjects and details of their documents;
• subject of the contract;
• rights and obligations of the parties;
• financial calculations;
• liability of the parties;
• resolution of disputes;
• addresses, details and signatures of the parties.

Essential terms of the transaction

A sample lease agreement with the right to buy a car may include various clauses that are necessary, in the opinion of the subjects. However, the legislator, in paragraph 3 of Art. 455 and paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, established only two essential conditions under which a transaction is considered agreed upon: the name of the goods and its quantity. Even the absence of clarifications regarding monetary amounts does not entail the invalidity of the contract (according to Article 614 and Article 424 of the Civil Code). However, legal practice suggests that this list is still wider (for example, the resolution of the FAS ZSO dated 08/06/2010 in case No. A75-5300/2009).

1. Subject of the agreement. Here the essence of the transaction is revealed - temporary use of a car (rent) with the right to purchase. This section also contains detailed information about the car that makes it unique (technical parameters, VIN number, model, modification, other registration data). If we are talking about several machines, you should clarify the quantity and describe each of them.
2. The cost of the vehicle and the procedure for payment. Since this transaction is still a car rental agreement, albeit with the right to buy, it is enough to make mandatory rental payments to fulfill it. Covering the redemption price is only a measure of ensuring the tenant’s right to subsequently acquire ownership of the property. Therefore, the final cost is determined in two ways:
   • summing up all rental payments;
   • calculation of the amount of lease payments and purchase price (necessarily fixed).

If the decision to change ownership is made by the parties during the transaction, the entities enter into an additional agreement. In this document, they agree on whether the rental payments are part of the purchase price or not.

1. Conditions for transfer of ownership. The fact is that the concept of subsequent acquisition of a car is often confused with its primary purchase. Therefore, the contract or additional agreement should indicate the specific basis for the change of owner:
   • at the end of the lease term;
   • upon payment of the redemption price in full.

Additional terms

A car rental agreement, which includes the right to subsequent redemption and is concluded between individuals, is often controversial. To simplify dispute resolution, it is advisable to stipulate additional conditions in this agreement. It is in them that the nuances that raise the most questions will be described.

1. Rights and obligations of subjects:
   • expenses for insurance, taxes and repairs;
   • risks;
   • possibility of transfer to third parties.
2. Responsibility of the parties, indicating possible relief:
   • amount and procedure for payment of penalties;
   • grounds for relief (illness, injury, caring for loved ones, etc.).
3. Grounds for termination of the agreement (Articles 619, 620 of the Civil Code).

It is also recommended to additionally issue three more documents. They will be attachments to the main paper and will help resolve issues related to the execution of the transaction.

• Payment schedule including amounts and dates.
• A power of attorney, and in the event of a possible transfer of the car to a third party - with the right of substitution.
• Certificate of acceptance and transfer of the vehicle indicating the presence or absence of specific defects, as well as the main characteristics confirmed by a test drive or examination.

It is important to know! For legal entities, concluding a car rental agreement with the right of subsequent purchase entails tax consequences. Since the property remains the property of the lessor until the agreed conditions are met, it is on his balance sheet. Therefore, the calculation of depreciation on a car lies with the owner in both accounting and tax accounting.

In conclusion, it should be added that respectable subjects of any transactions try to reduce the risk of adverse consequences. To do this, do not neglect legal advice, notarization of the agreement, as well as an independent examination.