Transport lease agreement with subsequent purchase sample

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.

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.

1.2. 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 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

4.1. 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.

Vehicle rental agreement with option to purchase

Vehicle rental agreement with option to purchase

[enter the required one] [date, month, year] [Name of the organization, enterprise, institution], represented by [manager position, full name], acting on the basis of [enter the required one], hereinafter referred to as the “Lessor” , on the one hand, and [name of organization, enterprise, institution], represented by [position of manager, full name], acting on the basis of [enter as necessary], hereinafter referred to as the “Tenant”, and together referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. The subject of this lease agreement is the provision by the Lessor for temporary possession and use, for a fee to the Lessee, of a vehicle of brand [fill in what is required];

— model [enter as required];

— modification (type) [enter as required];

— year of manufacture [value];

— state number [enter as required];

— identification number (VIN) [value];

— color [enter as needed];

— N chassis (frame) [value];

— Engine N [value];

— N of the body (stroller, trailer) [value];

— vehicle passport series [value] N [value], issued on [day, month, year, name of organization], with the right to purchase the vehicle.

1.2. The vehicle is leased to the Lessee on the terms of ownership and use, without providing management, maintenance and operation services.

1.3. The specified vehicle is in good condition, meeting the requirements for operating vehicles.

1.4. The lessee, on his own and at his own expense, ensures proper operation, and also bears the costs of maintaining the vehicle and expenses arising in connection with its operation during the entire term of the contract.

1.5. The Lessee has no right to dispose of the vehicle without the consent of the Lessor. Sublease of a vehicle is also possible upon agreement with the Lessor.

2. Payments and settlement procedures

2.1. The cost of using a leased vehicle is [value] rubles in [specify period].

2.2. The specified rent is paid by the Tenant by transfer to the Lessor's bank account before [enter as necessary].

2.3. The purchase price of the leased vehicle is [fill in as appropriate].

2.4. When a vehicle is purchased by the Lessee, previously paid lease payments are included in the redemption price. The Lessee shall pay the remainder of the redemption price within [value] days after the end of the vehicle rental period to the Lessor's bank account.

2.5. The amount of rent and redemption price, if necessary and objective realities exist, may be changed during the term of the contract by agreement of the Parties.

2.6. The Lessee has the right to demand from the Lessor a reduction in the rent and redemption price in the appropriate amount if, due to circumstances over which he cannot influence and for the result of which he cannot be responsible, the conditions of use of the leased vehicle provided for in the contract, or the condition of the vehicle in vehicle rentals have deteriorated significantly.

3. Transfer of ownership

3.1. After paying the redemption price stipulated by the contract to the Lessor, the vehicle becomes the property of the Lessee.

3.2. The exercise of the Lessee's right to purchase the vehicle and transfer of ownership is formalized by drawing up and signing an additional agreement by the Parties.

4. Obligations of the Lessor

4.1. Transfer to the Lessee, under the acceptance certificate, the vehicle that is the object of the lease, and the technical documentation related to it within [meaning] days from the date of signing this agreement.

4.2. Check the serviceability of the rental vehicle in the presence of the Lessee.

5. Responsibilities of the Tenant

5.1. Accept the vehicle from the Lessor under the acceptance certificate within [meaning] days from the date of signing this agreement.

5.2. Bear the costs of maintaining the rented vehicle, its insurance, including liability insurance, as well as expenses arising in connection with its operation.

5.3. During the entire period of validity of the vehicle rental agreement, maintain it in proper technical condition, as well as carry out regular maintenance, routine repairs, and provide the vehicle with the necessary spare parts and other accessories.

5.4. If there is a change in location or financial condition, notify the Lessor within [value] business days.

5.5. Make payments stipulated by the contract in a timely manner.

6. Duration of the contract

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

6.2. This agreement may be terminated by the Lessor unilaterally if the Tenant systematically (more than twice) fails to fulfill its obligations under the agreement in terms of timely payments of rent.

6.3. In the event of termination of this agreement on the grounds specified in clause 6.2., the vehicle is returned by the Lessee within [meaning] days from the date of termination of the agreement.

6.4. This agreement is terminated if the Lessee fulfills all of its obligations under the agreement, including full and early payment by the Lessee of the entire amount of the redemption price, as well as when the vehicle is returned to the Lessor.

7. Responsibility of the Parties

7.1. A party to a contract that fails to fulfill or improperly fulfills its obligations under the contract shall be liable if there is fault.

7.2. The Lessee is obliged to compensate the Lessor for losses caused in the event of death or damage to the rented vehicle if the Lessor proves that the death or damage occurred as a result of circumstances for which the Lessee is responsible in accordance with current legislation or the terms of this agreement.

7.3. A party to a contract whose property interests are violated as a result of non-fulfillment or improper fulfillment of obligations under the contract by the other Party has the right to demand full compensation for losses caused to it by this Party.

8. Dispute resolution procedure

8.1. The parties will take all measures to resolve emerging disputes and disagreements through negotiations.

8.2. If mutual understanding is not reached, the dispute is referred to the arbitration court in accordance with the current jurisdiction.

9. Final terms

9.1. The Parties do not have the right to transfer their rights or obligations under this Agreement to third parties without the written consent of the other Party.

9.2. Changes and additions to this agreement are made in writing and signed by the Parties.

9.3. All additional agreements are attached to this agreement and are an integral part of it.

9.4. This agreement is drawn up in three authentic copies having equal legal force, two copies are kept by the Lessor, the third copy is transferred to the Lessee.

9.5. On issues not reflected in the agreement, the Parties are guided by current legislation.

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.

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.