Old car purchase and sale agreement

New regulations

By virtue of Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605 “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for the registration of motor vehicles and trailers for them,” which came into force on October 15, 2013. The purchase and sale car and its subsequent registration. Significant changes: Refusal of the requirement for preliminary deregistration of a vehicle before sale. Now the state is being lifted. numbers are only necessary if the previous owner wants to keep them for later installation on a new car. To do this, the owner contacts the traffic police department. New state registration plates are installed on the car being sold, and the old ones are stored in the traffic police for 180 days.

The procedure for registering a car has been simplified. You can register a car at any traffic police department, regardless of the place of registration of the owner at the place of stay or place of residence and regardless of the place where the car was registered by the previous owner. If you want to leave the territory of Russia, you need to obtain transit numbers. The new regulations also provide that if within 10 days from the date of signing the car purchase and sale agreement, the new owner does not contact the traffic police to make changes to the registration data. In this case, the previous car owner has the right to apply to the traffic police with an application to terminate the registration of the car.

Seller's responsibilities

If you want to keep the old registration plates, you must contact the traffic police with an application to retain the numbers and obtain new numbers to sell the car. Remember, old license plates are stored by the traffic police for 180 days. fill out the car purchase and sale agreement in triplicate and sign the transfer and acceptance certificate, enter information about the new owner into the title.

Buyer's responsibilities

Within 10 days after signing the agreement . Make sure that the car has a valid diagnostic card, if not, then undergo a technical inspection and get it. Make sure that the car has a valid MTPL policy; if so, make changes to the current policy; if not, you need to issue a new policy. pay the state fee, please note that if you want to keep the previous numbers, then you do not need to pay the state fee for issuing new numbers. with a full package of necessary documents (Application, PTS, vehicle registration certificate, purchase and sale agreement , MTPL insurance policy, passport) will contact any traffic police department to make changes to the vehicle registration data. You can submit an application and make an appointment electronically on the government services portal.

Car purchase and sale agreement (download)

As for the vehicle registration document, when purchasing a car, it is more advisable to make it in triplicate, since one of them will remain with the previous owner, the second will remain with the new owner, and the third copy will be taken by a traffic police officer upon registration. And if, nevertheless, you make it up in two, then after registering the car you will have nothing left in your hands.

When registering a car, special attention should be paid to correctly filling out the purchase and sale agreement.

You can fill it out in simple written form, if both parties are satisfied with everything (price, completeness), right at the point of sale. It must be signed by both sides and does not require notarization.

As for filling it out, it must be carefully filled out, it is imperative to check all the numbers on the units and in the documents for the car and enter them, without any blots or corrections, since you may be refused to register the vehicle with the traffic police if there are any. Also, the DCP is the main document confirming your ownership of the purchased car.

Download the form of the car purchase and sale agreement with the acceptance certificate

Well, if we are talking about buying and selling, and you are just going to sell or buy a vehicle, we post the appropriate forms for downloading. Pay special attention to the act of accepting the transfer of the car, and do not ignore it when making a transaction; it adds certain guarantees to the seller and buyer, although it is not mandatory.

Good luck with your transaction. Before purchasing, do not forget to check the car by VIN number for lien, arrest, number of registrations, prohibition of registration actions, and participation in an accident. It's absolutely free.

Forms of car purchase and sale agreements

A car purchase and sale agreement is an integral part of any transaction concluded between private individuals. This is a document that has legal force and contains all the necessary data about the seller, the buyer and the very subject of the contract being concluded, that is, the car.

The execution of this paper cannot be neglected, since it is a means of insurance for both parties to the transaction. That is why the document consists of two copies, and sometimes even three.

Next, we will look at all the nuances of document preparation and give some advice on how to act correctly in some delicate situations.

Why do you need a purchase and sale agreement?

First of all, the document is needed by the buyer, secondly by the seller, and thirdly by representatives of the law.

This situation is easily explained:

In the event that the car has an illegal history, that is, it was stolen, was illegally exported from abroad, there is a loan on it - the purchase and sale agreement will become the very straw that the buyer can grab onto when asserting his legal rights. After all, the contract contains the passport details of the former owner, which means that if the would-be buyer turns to the legislative authorities, the fraudster can easily be found and brought to justice.
The seller may find himself in such an unpleasant situation: the buyer fails to register the car with the traffic police within ten days, and all fines that could have been accrued during this short period are issued to the former owner of the vehicle. Of course, for reinsurance, the seller can immediately remove the car from him, but if this was not done, then again, a sales contract will help, with which he can calmly appeal to the legislative bodies and defend his rights.
A car purchase and sale agreement is a legally binding document that includes many important points. According to it, representatives of the law, if necessary, can easily find both parties to the agreement. On the other hand, this document is the ironclad basis for defending the legal rights of the seller or buyer.

Is drawing up a contract mandatory?

As already mentioned, leaving the document and the correctness of this procedure is purely in the interests of both parties to the transaction: the buyer and the seller. But is drawing up an agreement on paper mandatory? Practically it is. This means that no one will be sent to prison for his absence. However, having a formalized agreement can make life much easier for its participants if any difficulties arise.

The procedure for selling a vehicle can also be carried out using a general power of attorney, but this method is fraught with many pitfalls. And the process of drawing up a contract does not take much time and does not require specific knowledge and skills. You just need to download or buy a form for a car purchase and sale agreement and indicate all the necessary data in it. And if there is no form, the document can be drawn up by hand, in which case it will also have its own legislative force.

Important! After the document is completely drawn up, both parties must carefully re-read it and verify all the data specified in it. Only after this can you transfer money and vehicle keys from one hand to another.

New form

Correct drafting of the contract is an important point that should be given special attention. It should be noted that back in 2014, some rules related to the conclusion of documents for the purchase and sale of a vehicle and the transfer of a car from one person to another were changed.

What exactly has changed? Now their legal certification is optional. The pros and cons of this change in legislation are obvious.

Now you don’t need to waste time and money on having a lawyer put his stamp on documents.
The contract can be quite free-form and can simply be written by hand.

Many people confuse the old form of a car purchase and sale agreement with the new one, and an incorrectly drawn up agreement cannot have any legal force, so it has to be reissued again.
A qualified lawyer not only puts a stamp on the document, but also ensures that all rules of purchase and sale are followed. This means that independently concluding an agreement is often not a guarantee of upholding the interests of both parties involved in the transaction.

Roughly speaking, the seller and buyer often violate the basic rules of drawing up a contract, or simply do not know about them.

In this case, the initiator of the procedure will have to pay the lawyer a fairly large sum. And the more expensive the car is, the higher the cost of a lawyer’s services will be. On the other hand, when concluding an agreement, the transparency of the transaction will be guaranteed, and in case of any violations of the law, these facts will be immediately revealed. Thus, both parties will be insured against possible fraud.

Lawyers themselves recommend using their services when reselling expensive cars in particular. The price of the transaction in this case increases, because the injured party risks losing a significant amount, and if the agreement has not been legally certified, then the chances of getting it back will be minimal.

Standard contract form

Many car owners are interested in whether the form of the contract form has changed in 2016. Lawyers answer this question in the negative. The standard form has not changed in the last period. In addition, the forms may vary slightly, although

basic information is stored in them.

It should be noted that all clauses of termination of the contract are approved by law and must be present in the agreement.

What is needed to compile

So, we have discussed the issue regarding the sale and purchase of a car by proxy. This method is not completely safe for both parties, therefore it is better, after all, to draw up a vehicle purchase and sale agreement according to a standard form.

It is worth considering that the paper can be drawn up on a pre-printed form, or written by hand. In both cases, the document will have full legal force. And it is certified by the signatures of the seller and the buyer.

What documents will be needed to draw up a purchase and sale agreement?

Both parties to the agreement must indicate in the agreement the passport details of a citizen of the Russian Federation. When specifying this data, passports must be verified by the opposite parties to the agreements. Simply put, the seller and buyer are required to make sure that the data entered is true. Naturally, this may not be done, but if any difficulties arise, there will be no confidence in the veracity of the data indicated in the paper.

It is worth considering that when purchasing a car, the buyer must have only a Russian passport with him to make an agreement. But the seller must have other documents with him. This:

PTS.
Vehicle registration certificate.

What are they needed for? First of all, in order to show them, and then to transfer them to the buyer, and secondly, to indicate the data from these documents in the contract. There is a special column for them on the form.

In order to avoid the main common mistakes, you should follow the basic recommendations for filling out the form:

a standard purchase and sale agreement must be filled out with one pen in all three copies, otherwise problems may arise when they are checked by representatives of the road inspection service or law enforcement agencies;
When filling out the “Date and place of filling” column, the real data is indicated, that is, the real time and place of registration. If the other party to the agreement demands a violation of this rule, this request should be treated with caution and under no circumstances fulfill it;
the passport details of both parties should be entered with particular care, and both parties to the agreement must check whether the information provided is true;
all data from the documents for the car must be indicated without fail, including engine, vehicle and chassis numbers;
in the column “car cost” the actual amount of the transaction must also be indicated;
signatures should be placed only after the exchange of money and keys: we carefully read all the points indicated in the form of the car purchase and sale agreement, and only after that we sign the document.

Important! It is the signatures of both parties that are the basis for considering the document legal. Therefore, they must correspond to the signatures that appear in the passports of both parties.

What information does the contract form contain?

The form itself may be slightly modified, there is nothing wrong with that. But all the points specified in the standard form must be present in the contract being drawn up. These include:

Basic information about both parties, including passport details.
Complete information about the subject of the contract, that is, about the car.
A guarantee that the vehicle is not mortgaged, is not in dispute, is not under arrest, third parties are not claiming it and do not have legal rights to the vehicle, there are no prohibitions on sale on the territory of the Russian Federation.
cost of the vehicle.
Information that both parties to the contract have no claims.

Below are the signatures of the seller and buyer, indicating their full last name, first name and middle name.

Where can I get a standard form?

There are two sample purchase and sale agreements:

for registration between individuals;
between legal entities.

They have some differences, so when choosing a form it is better to pay attention to this point.

Forms are sold at MREO, sometimes you can buy them at printing stalls. But the easiest way is to download the form from the Internet and then print it out. If it is not possible to print the document, you can fill it out by hand, following the sequence of filling out all the information. In this case, all columns should be rewritten. This process will not take much time; usually all the information takes only one page. When filling out an agreement by hand, its legal force is not lost.

Download Blank-dogovora-kupli-prodazhi-transportnogo-sredstva.doc

How to draw up a car purchase agreement yourself

The main document that regulates the relationship between buyer and seller is the purchase and sale agreement (PSA). It is better if it is compiled together with an important addition or annex to it. This is the act of acceptance and transfer of a vehicle. It can be concluded by both individuals and legal entities.

Let us dwell on the main nuances of drawing up a policy. The main goal is to maintain maximum transparency of any transaction related to a change in the ownership of a car.

Before proceeding with the transaction, it is necessary to perform a number of actions that can guarantee the absence of problems in the future

What should a buyer check before purchasing?

Technical condition of the car

Using our website you can check the condition of your car in all major cities of Russia. The check is carried out at independent specialized car services that have equipment for diagnosing cars.

Are there any restrictions on registration and movement? This is done by using the traffic police website. Using the VIN code of any vehicle, you can determine whether there are restrictions on the use of the car.

Are there any debts or other encumbrances? You can check it through the portal of the Russian Bailiff Service. To do this, you will need the full name and date of birth of the owner.

Select a sales contract form

Contract to be filled out by hand

with the vehicle acceptance certificate

without a vehicle acceptance certificate

Agreement to be filled out on a computer

with the vehicle acceptance certificate

without a vehicle acceptance certificate

What is required to draw up a contract

Next we move on to the documents that will be needed. First of all:

Passports of both parties involved in the transaction. They must be valid; check that the data specified in other documents completely coincides with the passport.
In addition, original vehicle passports are required.
Vehicle registration certificate.

Features of drawing up a car purchase and sale agreement

1. Fill in the place where the agreement was drawn up, the date and time of the transaction.
It is necessary to indicate the time of the transaction, because... the new owner of the car may receive several speeding tickets that day while he gets home. And if you specify the time in the contract, it will be easier for you to prove that these violations belong to the new owner of the car.

2. Fill in the personal information of the buyer and seller.
Data is filled in only from original documents.

3. Fill in the vehicle data.
To fill out this section, you will need a vehicle passport and a vehicle registration certificate.

4. Leave a signature with a transcript

5. Indicate the cost and sign the second sheet.
The real cost must be indicated, because in case of termination of the contract, the amount specified in the contract will be returned to the seller.

6. To record the fact of transfer of the vehicle, fill out the Vehicle Acceptance and Transfer Certificate and sign it.

It is allowed to compile this document in handwritten form in compliance with all regulatory requirements and legislation of the Russian Federation. You can also fill out all the installation data electronically in the Word program and print it on a printer.

Purchase and sale agreement for a new car

The legality of this document is undeniable throughout the Russian Federation; such a format can only be partially called an innovation. For many years, there has been a rule that allows you not to visit the traffic police department when the owner of the car changes.

We have already told you where it is better to download a blank policy form in doc (Word) format or find a sample for filling it out.

Regardless of whether you fill out contract forms by hand or print them in word format, you should pay attention to the following nuances.

Three copies of the DCP are always filled out. One each for new and former owners, the third for the registration department of the traffic police. It will be needed when the new owner registers the car.

In this case, the blank form is filled out either by hand or printed on a PC printer. You cannot make manual corrections in documents typed in Word format.

Indication of the place and time of the transaction is mandatory.

When filling out the fields indicating the passport and personal data of all participants in the event, special care should be taken. Corrections are not allowed here.

It is better not to leave empty spaces in the contract. Try to fill out everything or make notes about missing information.

Always indicate the actual price of the car in the contract. This will help you if circumstances arise that require litigation.

First, make a calculation, receive the keys and documents for the purchased vehicle, and then sign the contract.

Buying Tips

If the car has LPG or other equipment not provided by the manufacturer, then you need to ask the seller for documents authorizing the modification. Without them, you will not register the car;

To avoid troubles, immediately take out a compulsory motor liability insurance policy. There is no need to wait the 10 days required by law;

Then you should contact the State Traffic Safety Inspectorate to register your car or truck. Do not delay this, as the former owner may terminate its registration.

What is important for the seller

First of all, make a copy of the PTS, where there is already a mark about the new owner

No later than 10 days after registration of the DCT, contact the traffic police to clarify the fact of registration of the car by the new owner.

Do not forget to submit an income tax return to the tax office, indicating the amount of the transaction. You will not pay tax if you have owned the car for more than 3 years, if its cost is less than 250 thousand rubles, or if you sold it for less than you purchased it.

Car purchase and sale agreement (quick agreement)

Professional contract

If the Seller has delivered a vehicle of inadequate quality:

Elimination of defects
Reduction in purchase price
Reimbursement of expenses for eliminating deficiencies

Transfer of ownership of a car:

From the date of delivery of the car
From the date of payment of the cost of the car

Payment for the cost of the car:

After handing over the car
Full prepayment
Partial prepayment

Described in the contract
Determined by law

Place of dispute resolution:

Specified in the contract
Determined by law

Penalty for late payment of the cost of the car:

Risk of accidental vehicle loss:

Passes from the moment of transfer of ownership
From the moment of full payment of the cost

Along with the car, the Seller transfers other property:

Before the sale, the car was checked in the traffic police databases:

Vehicle purchase and sale agreement

For example, the city of Moscow Place of imprisonment For example, 07/17/2019 Date of imprisonment

Specify full name Name of the party, hereinafter referred to as the “Seller”, acting as an individual, on the one hand,

Indicate Full Name Name of the Party, hereinafter referred to as the “Buyer”, acting as an individual, on the other hand,

collectively referred to as the “Parties”, and individually as the “Parties”, have entered into this agreement for the sale and purchase of a vehicle (hereinafter referred to as the “Agreement”) as follows:

1. The Subject of the Agreement

1.1. In accordance with this Agreement, the Seller undertakes to transfer the vehicle specified in clause 1.2. of this Agreement (hereinafter referred to as the “Vehicle”) into the ownership of the Buyer, and the Buyer undertakes to accept and pay for the Vehicle in the amount and manner specified in this Agreement.

1.2. The vehicle transferred to the Buyer has the following characteristics:

1.2.1. Vehicle Passport: Specify the series and number of the Vehicle Passport.

1.2.2. Date of issue of passport: Date of issue of passport Indicate the date of issue.

1.2.3. Engine number: Specify engine number Engine number.

1.2.4. Chassis number (frame): Chassis number (frame) Chassis number (frame).

1.2.5. Identification Number (VIN): Specify VIN VIN.

1.2.6. State number: Specify the state number State number. number .

1.2.7. Vehicle model: Vehicle model completely Vehicle model.

1.2.8. Body color: Specify body color Body color.

1.2.9. Year of manufacture of the vehicle: Indicate the year of manufacture Year of manufacture.

1.2.10. Engine power: Power in l/s Engine power l/s.

2. Duration of the contract

2.1. The Agreement comes into force from the date of signing by the Parties and is valid until the Parties fully fulfill their obligations under this Agreement.

3. Rights and obligations of the parties

3.1. The buyer has the right:

3.1.1. Receive ownership of the Vehicle in the manner and within the time limits established by this Agreement.

3.1.2. Refuse to execute this Agreement if the Seller refuses to transfer to the Buyer the Vehicle, accessories or documents that he must transfer in accordance with the terms of this Agreement.

3.2. The seller has the right:

3.2.1. Receive the full cost of the Vehicle in the manner and within the time limits established by this Agreement.

3.2.2. Demand full payment of the cost of the Vehicle or refuse to fulfill the Agreement if the Buyer, in violation of this Agreement, refuses to pay the cost of the Vehicle.

3.3. The buyer undertakes:

3.3.1. Pay the full cost of the Vehicle to the Seller in the manner and within the time limits established by this Agreement.

3.3.2. Accept ownership of the Vehicle in accordance with the terms of this Agreement.

3.4. The seller undertakes:

3.4.1. Transfer the Vehicle into the ownership of the Buyer in the manner and under the terms of this Agreement.

3.4.2. Transfer to the Buyer a Vehicle that is the property of the Seller, completely free from the rights of third parties, not in dispute, under arrest, and not subject to collateral.

3.4.3. Simultaneously with the Vehicle, transfer to the Buyer accessories and auxiliary equipment, as well as documents related to it (technical passport, operating instructions, etc.), if such are provided for by the nature of the transferred Vehicle or the legislation of the Russian Federation.

4. Procedure for transfer of property

4.1. Place of transfer of the Vehicle: Full address Place of transfer of the Vehicle.

4.2. The vehicle must be transferred to the Buyer in accordance with the terms of this Agreement, indicate DD.MM.YYYY Date of transfer of the vehicle.

4.3. The Buyer's ownership of the Vehicle under this Agreement arises from the date the Buyer takes possession of the Vehicle. Along with the right of ownership, the risk of accidental loss or accidental damage to the Vehicle passes to the Buyer.

4.4. When transferring the Vehicle, the Parties draw up a Transfer and Acceptance Certificate for the Vehicle, which is an Appendix (Appendix 1 – Transfer and Acceptance Certificate for the Vehicle) to this Agreement.

5. Payment procedure

5.1. Payment for the cost of the Vehicle, for which the Seller transfers ownership to the Buyer, is made by the Buyer within the period before Specify DD.MM.YYYY Payment is made in the amount of Specify the full amount Full amount of payment in rubles.

5.2. Method of payment for the cost of the Vehicle under this Agreement: transfer by the Buyer of funds in the currency of the Russian Federation (ruble) to the Seller’s bank account: Account number Specify the Seller’s account.

5.3. The Buyer's obligations regarding payment of the cost of the Vehicle under this Agreement are considered fulfilled from the day the funds are written off from the Buyer's account by the Buyer's bank.

6. Responsibility of the parties

6.1. The parties are responsible for non-fulfillment (improper fulfillment) of their obligations under this Agreement in accordance with the legislation of the Russian Federation.

7. Grounds for termination of the contract

7.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally on the grounds provided for by the legislation of the Russian Federation.

8. Dispute resolution

8.1. All disputes arising from this Agreement are resolved pre-trial and in court in accordance with the legislation of the Russian Federation.

9. Other conditions

9.1. The Parties acknowledge that the Parties establish rights and obligations under this Agreement freely, are not mistaken in the nature of this Agreement or actual circumstances, and are aware of the legal consequences of concluding this Agreement.

9.2. This Agreement is drawn up in 3 (three) copies: one copy for each of the Parties and one copy for the state body that carries out registration of vehicles.

10. List of annexes to the agreement

11. Details of the parties

Salesman

"Indicate full full name of the Seller "

Address: Specify address Registration address

Passport: Specify series and number Series and number of passport

Cash account: Specify bank account Current account

BIC: Specify BIC BIC

Correspondent account: Specify correspondent account Corr. check

Seller _______________ Last name and initials Last name and initials

Buyer

"Indicate the full name of the Buyer"

Address: Specify address Registration address

Passport: Specify series and number Series and number of passport

Buyer _______________ Last name and initials Last name and initials

What should you pay attention to before concluding a contract?

You can check whether the technical condition corresponds to the seller’s statements not only by inspecting and diagnosing it, but also by checking the documentation. To do this, you need to check the technical equipment passport, as well as the service book (if available). Often a situation may arise when the seller only has a duplicate title - as a rule, a duplicate can be created if the original is lost or if space in the title runs out (the car had more than 4 owners). For this reason, be careful in a situation where the seller claims a small number of owners, but only has a duplicate on hand. Check the engine and body numbers with the numbers indicated in the PTS (problems with this may arise in the so-called designer - especially among Japanese cars). If the numbers do not match, this does not automatically mean that the car has been stolen, but will create problems when registering the car with the traffic police,

In addition, it is worth checking the car for participation in an accident. This can be done either using special services or on the traffic police website. In addition, on the state website. traffic inspectors you can check the car for theft. To do this, you only need the VIN number of the car.

It is also necessary to check the car for any encumbrances - the car may be pledged, or enforcement proceedings may be initiated against the seller and bailiffs may foreclose on this car. You can find out about pledges in relation to a car in the Register of Notifications of Pledges, which is maintained by the Federal Notary Chamber (you only need to indicate the VIN on the website), and you can find out about enforcement proceedings on the FSPP website (by full name and date of birth of the seller).

On our website you can choose an extended template for a contract for the sale and purchase of a car (or other vehicle), which provides the opportunity not only to draw up a unique contract, but also to check the car according to all bases. Thus, you will have to spend much less time on an independent check, and for a price comparable to the prices for checking a car on most services that provide a similar service, you can draw up an agreement and check the legal purity of the car.

Ask the seller if he is married. Ask to see the page in the passport on which the marriage stamp is placed. If the seller of the car has a spouse, then the written consent of the spouse (not necessarily notarized) is required if the car is their common property. The car will not be the common property of the spouses if it was inherited by the seller, or if the car was given to him as a gift. A car will not be considered common property if the spouses have established a separate property regime through a marriage contract, but in our country this is rather an exception. If the car is in common ownership and is sold without the second consent of the spouse, then he may recognize the car sale transaction as invalid. In the current situation, this risk cannot be completely eliminated, since when replacing a passport they do not always put a stamp, and besides, the marriage may not be concluded in Russia (for example, in the CIS), but, nevertheless, it is possible to include in the contract the corresponding assurances of the seller about having the consent of the spouse, if necessary. This will make it easier to get your money back and allow you to impose an additional penalty on the seller if the representation turns out to be false.

In addition, you should always exercise caution if a car is sold by proxy - you need to check the duration of the power of attorney and the powers of the representative. If the power of attorney does not have a term, then its term is equal to one year from the date of issue (even if it is indicated that it is unlimited). You should also not purchase a car at half the market price from legal entities, as well as from individuals, if you do not really trust them - in this case, there is a risk of the transaction being invalidated.