Sales and purchase agreement for a used car sample
Typical example of buying and selling a used car
To transfer a vehicle from one owner to another, a sales contract is most often used. As practice shows, this agreement is one of the most convenient and protected by law. The car is of particular value, so it is very important to describe all the characteristics, as well as study the car well before signing the document. Now let’s try to figure out how to correctly conclude such an agreement if we are talking about a damaged car.
Sample of a standard contract for the sale and purchase of a used car
It should be said right away that this agreement can be executed both in printed form and in writing.
Based on this, it follows that the agreement does not have any special model. However, the contract must contain a number of essential conditions. For convenience, special forms are often used, but you can do without them.
Let's figure out what should be included in the contract:
- The exact date and place of conclusion of the contract. It is not necessary to indicate the exact address, just the country and locality;
- Personal data of each party to the contract. This includes passport data;
- Information about the vehicle that will help identify the subject of the contract. This could be the make, color, serial number, license plates of the car itself, etc.;
- The exact cost (price) that the buyer must pay to the seller;
- Other conditions that the parties deem necessary to indicate. However, this should not contradict current legislation.
Features of buying and selling a used car
Most often, when executing such a transaction, the parties to the contract turn to lawyers for help. But you should know that drawing up such an agreement yourself is not particularly difficult.
It is only important to follow all the rules and regulations, and also know the following features:
- The vehicle purchase and sale agreement must comply with all requirements established by law for such transactions;
- The contract must be signed by both parties (seller and buyer). Thus, each party gives its consent and signs all its obligations;
- In cases where a transaction is concluded by an authorized person, he must have the appropriate permission. You can get it from any notary;
- All representatives of the parties must be legal and capable citizens. This should be confirmed only in cases where the deal is concluded by elderly people or people with any serious mental illness;
- The subject must be specified in the contract. In this case it is a car;
- A clear description of the subject of the contract. It is necessary so that the car can be identified and cannot be changed or altered in any way;
- An exact indication of the price for the subject of the contract, as well as the method of transferring funds from the buyer to the seller. Without specifying the price, the transaction can be considered invalid;
- In addition to the car itself, other parts are often sold. For example, wheels, rims, spare keys, and other various spare parts. In this case, in addition to the main agreement, a special act is concluded where all this is described. Such an act must also be signed by both parties to the agreement;
- If it is a damaged car, then be sure to indicate all the shortcomings. In this case, it is advisable to include everything from engine malfunction to scratches on the body.
What does a used car purchase and sale agreement look like?
For a sample motorcycle purchase and sale agreement, see here.
In addition, as in any purchase and sale agreement, there are essential conditions, the indications of which are mandatory:
- Price. As mentioned earlier, you should definitely include a price. It must be accurate and not change. You can indicate the cost in any currency in the world (this is stated in the contract). But it should be understood that payments can be made exclusively in rubles, at the Central Bank exchange rate;
- Automobile. To personalize a car, a number of its features are often specified. These include: body number, year of production, make, model, engine size, etc. In 2017, a law was passed according to which it became necessary to indicate in the purchase and sale agreement of any vehicle whether the car is registered with the registration authority;
- Parties to the contract. In addition to the full name, the contract indicates significant data of an individual or legal entity. In case of purchase or sale by proxy, a copy of the relevant document is attached.
How to properly buy and register a used car
There are several options for purchasing used cars. Let's look at each of them and its features:
- Purchase and simultaneous re-registration of the property. This option is not always suitable. If the vehicle's technical inspection period has already expired, then before re-registration it is necessary to undergo a new inspection. It is impossible to do this due to the emergency condition, which means that nothing can be re-registered. You can use such a scheme only if the technical inspection period has not yet expired. Then you can re-register the car, but its emergency condition will be indicated;
- Purchase of a car and a general power of attorney, according to which re-registration to the new owner will be made after repairs. It is not recommended to enter into such a deal unless the parties know each other very well. Indeed, in this case, there are a number of nuances that will need to be resolved by both one and the other side;
- The last and most correct option is to buy a car and then register it after repair. This is done by agreement of the parties. But it should be understood that the new owner must complete the registration procedure within ten days. It is almost impossible to repair a car in such a short period of time, which means a fine of 1,500 rubles will be issued. Upon expiration of the registration period, the old owner must contact the traffic police authorities to terminate the registration of the vehicle in connection with the sale. It is important to indicate the sale and not the disposal, because in the latter case it will be impossible to re-register the car. After the repair, the new owner must contact the traffic police, go through the entire registration procedure, pay a fine for late registration and receive a new MTPL policy, as well as new license plates. You will have to get new license plates because after the car is deregistered by the old owner, the plates will be listed in the database in the “wanted” column. You should not be afraid of this, but you will have to return them to the government agency.
Sample contract for the sale and purchase of a used car
The number of accidents on Russian roads is not decreasing. In almost all of them, cars are damaged to one degree or another. They can be insignificant, but sometimes, due to a strong impact, a faulty car can no longer leave the scene of an accident on its own. The owner is faced with the question of whether to repair the car, sell it for parts, essentially sending it to scrap, or try to sell it “as is”, receiving a tidy sum right away. This material contains information on how to draw up and conclude a contract for the sale and purchase of a used car, a sample and features of its implementation.
What condition can the car be in when concluding the contract?
Let's start with the fact that you can sell a car in any condition. The only question is whether we are talking about a whole vehicle or one disassembled into spare parts for repairing other cars.
If there are no problems with the sale of intact vehicles, then with damaged vehicles everything is somewhat more complicated. If the car is damaged, but not completely, for example, with extensive damage, “on the move” and is able to independently get to the MREO, the technical inspection is still valid for it, then you can sell it almost as if it were intact. The only difference will be the price.
The situation is more complicated with heavily damaged or “total” cars. Such cars cannot be registered. They will not be able to pass the MOT, which means it will not be possible to purchase an MTPL insurance policy for them. As a result, it will be possible to register it only after repairs, which of course will take some, sometimes a long, time. This raises the problem of registering a vehicle within 10 days. The Code of Administrative Offenses of the Russian Federation provides for a fine for violating the terms of vehicle registration and for driving a car that is not registered.
So, you can sell a car with any damage. The only question is the difficulty of subsequent registration.
You'll have to pay a fine. But the seller is not concerned about this fact. As long as the car is under repair after purchase, it will remain the property of the previous owner. All fines and transport taxes will go to him. In this case, the seller also has options for solutions. To avoid fines, it is worth discussing with the buyer:
- The deadline for upcoming repairs, after which the car will be re-registered.
- Periodically check the car on the traffic police website for new fines. The very first fine or a letter of happiness and the owner immediately goes to remove it from the register. A fine for new registration will be guaranteed.
- Inclusion in the price of the amount of transport tax for the period of repair. Simply divide the tax by 12 with your head and multiply it by the number of potential months of repairs.
If the parties are satisfied with everything, then you can begin to draw up an agreement.
Features of drawing up a contract
By and large, a contract for the sale of a damaged car to any extent differs little from an ordinary car’s contract. With one significant difference. It is in the interests of the parties that it is simply necessary to carefully describe all existing damage to the vehicle and indicate that the car is being transferred “as is.” This will mean that the buyer knows that the machine is unsuitable for use “here and now” and will not subsequently make additional claims.
Attention! It is also important to indicate that the car is not under encumbrances and is free from the rights of third parties. This may well be the result of litigation for damage caused in an accident. Therefore, before purchasing, you should personally check the car in the traffic police database for this item.
It is advisable to draw up such a document on a computer. If you nevertheless decide to download the form and fill it out by hand, then after completing the list of damages, you must put a dash in the empty lines in order to avoid “extending the list” without the consent of the parties.
To avoid further problems, you should follow the same rules as when selling any car:
- Carefully check the documents of the buyer and seller before concluding an agreement.
- Check the car against the traffic police database for “purity of history.”
- Fill out the agreement either on a computer or with a ballpoint pen.
- Periodically monitor the car for deregistration.
- Save the agreement and contact information of the other party. If deregistration is delayed after the agreed repair period, it would be a good idea for the buyer to call and clarify why the car is still registered as his property. Perhaps the repair turned out to be more complex and took longer.
Approximate sample
In each specific case, the purchase agreement for a defective car will be different. The list of damages will vary. They need to be described very clearly and even in detail. Otherwise, there is a risk that the buyer will go to court when he decides that resale will not return the money invested in repairs and the costs of the “patient” himself. However, when drawing up each specific contract, it will not be amiss to familiarize yourself with the sample first.
Let’s assume that a Mitsubishi CX 5 was badly damaged in an accident. The owner is not ready to send the initially expensive car for scrap, but he also does not plan to repair it himself. For this reason, he decided to sell it to a reseller, with whom he drew up an agreement.
Car purchase and sale agreement
Ivanovsk 15.01. 2019
We, hereinafter referred to as the “Parties” represented by Ilya Arkadevich Petrenko, born in 1984. passport 30569833899 issued by the Left Bank police department. G. Ivanovsk born December 11, 2000 hereinafter referred to as “Buyer” and Savelyev Fedor Petrovich, born in 1970. passport 7846093345 issued by the Central District Department of Internal Affairs of Ivanovsk on October 30, 1998, we agreed on the following:
The seller transfers ownership of a red Mitsubishi CX 5 car, state registration plate KU845O, produced in 2018 in Kaluga, body VIN 74875748675676, engine VIN 782758745783787 (hereinafter referred to as the Car)
The car belongs to the buyer by right of ownership on the basis of PTS No. 75876876567898 and is transferred to the buyer free of restrictions and rights of third parties.
The vehicle is transferred in “as is” condition and is not “on the move”. At the time of signing the contract and has the following damage:
- Dented: hood, left and right fenders,
- Headlights, turn signals, fog lights and running lights are broken,
- The front bumper is missing,
- The geometry of the body is broken,
- Damaged front shock absorbers, wheels, suspension,
- The engine is faulty.
There may be additional latent damage caused by an impact to the front of the vehicle.
The Buyer undertakes to pay the Seller the cost of the car in the amount of 500,000 (five hundred thousand) rubles.
The buyer undertakes to pay the amount specified in this agreement in a lump sum upon conclusion.
This agreement is an act of acceptance and transfer of the car.
The agreement is drawn up in 3 copies. Each party received one copy. Another one was handed over to the buyer for further registration with the MREO.
So, you can sell a car in any condition, even “total”. It is not necessary to send it for disassembly. Selling the whole thing, even if not on the move, can bring more profit, the main thing is to draw up the contract correctly.
Sales and purchase agreement for a used car sample
Recommendations for filling out a car purchase and sale agreement
- We print out the form in three copies (for the Seller, the Buyer, the traffic police)
- We fill out the contract with a pen of the same color (blue or black), or in printed form
- We enter the contract number (any number, for example 0228/2020, then this number will be included in the PTS)
- Fill in the column for the place (city) of the transaction and set the current date.
- We carefully fill out the passport details of the Seller and the Buyer
- We fill in the car data taken from the PTS and Vehicle Certificate without errors.
- By agreement of the parties to the transaction, we indicate the cost of the car in numbers and in words (we advise you to indicate the true cost, in the absence of significant arguments before the tax authorities)
- Before signing the Car Purchase and Sale Agreement, the Seller and the Buyer exchange documents and car keys for money, and only after that sign the Agreement combined with the vehicle transfer acceptance certificate
List of necessary documents for drawing up a contract for the sale and purchase of a car.
Documents from the Seller:
- PTS (Vehicle Passport). (Original)
- Vehicle registration certificate. (Original)
- Citizen's passport (valid)
Documents from the Buyer:
- Citizen's passport (valid)
- MTPL policy for the purchased car, without it you cannot move the purchased car
Recommendations for the Buyer:
1. Make sure that the car you are planning to purchase:
- Not subject to collateral
- There are no restrictions on registration actions (in any MREO)
- Not credit (online service on the Internet)
- No fines were imposed based on the car number (traffic police website)
- Not under arrest
2. Before drawing up a purchase and sale agreement , it is necessary to verify the identity of the Seller with the submitted documents (passport, PTS, Certificate of Registration)
*Do not forget, based on the result of the transaction, to enter the new owner of the vehicle into the PTS, indicate the date of purchase and the number of the document of ownership with the date of its execution, as well as sign the Seller and the Buyer.
Recommendations after selling a car
According to the law that came into force in 2014, the Buyer is obliged to register the vehicle (register the car in his name) within 10 days from the date of signing the purchase and sale agreement. After this period, you can contact the district MREO traffic police department and check the registration of your former car with the new owner. If the new owner has not re-registered the car in his name, you have the right to terminate the registration of the vehicle by writing an application and submitting a purchase and sale agreement.
Recommendation: before writing a statement to the traffic police, contact the new owner of the vehicle and ask why he did not re-register the car in his name.
If, at the time of selling the car, the MTPL policy has not yet expired, you can return the money for the unused insurance period.
Please note that in case of selling a car, the number of unused days is calculated from the day following the day the notice of termination is written. Thus, the sooner you contact your insurance company, the greater the payment will be.
To terminate the contract, you need to come to the office of the insurance company (address, telephone number is indicated on one of the policy stamps) and, with the help of an employee, write a statement of termination. You should have the following documents with you:
- DCP (photocopy)
- PTS of the sold car with a note about the new owner (photocopy)
- General power of attorney (if any) (photocopy)
- Insurance policy and receipt (payment order if the policyholder is a legal entity)
- Passport (or its photocopy) of the policyholder
Purchase and sale agreement for a salvage vehicle
A purchase and sale agreement is one of the most secure ways to complete transactions with a car. With the help of such a document, both parties can confirm ownership of the vehicle or challenge it in court. When drawing up a document, it is necessary to take into account the characteristic features of the alienated vehicle. What is a purchase and sale agreement for a used car and how to draw it up, read below.
Sample contract for the sale and purchase of a used car
A purchase and sale agreement is a document that confirms the parties' intention to complete a transaction. In this case, counterparties are obliged to comply with the conditions: the buyer must pay the full purchase price, and the seller must transfer the property at the specified time in the appointed place. Most often, such transactions are made when alienating a car. The text of the document indicates the distinctive features of the vehicle, as well as the price. Such an agreement can be drawn up either in printed or written form. Particular attention must be paid to the terms of the transaction. If the buyer purchases a used car or a damaged car, the relevant information is indicated in the text:
- list of damages;
- list of suitable parts;
- serviceability of the vehicle;
- technical inspection results.
The contract must also indicate the purpose of using the car. A damaged vehicle can be used for its intended purpose only if the engine, as well as other important components of the transport system, remain in good working order. The buyer must also know the cause of the damage to the vehicle in order to assess the possibility of repair work.
The purchase and sale agreement for a used car does not have a specialized form. However, the document has a number of significant conditions. For convenience, notaries use special forms.
The contents of the purchase and sale agreement for a used car include the following information:
- Title of the document;
- date and place of the transaction;
- Full name of the buyer;
- seller's passport details;
- subject of the contract (detailed description of the vehicle):
- brand;
- model;
- color;
- engine capacity;
- specifications;
- list of external and internal damage;
- service life, etc.
- car cost;
- terms of the transaction;
- payment method;
- duties of the parties;
- responsibility of the seller and buyer;
- signatures.
In order to protect the parties from possible risks, it is recommended that the car purchase and sale agreement be certified by a notary, but this condition is not mandatory. According to the law, along with the car, the seller must provide the new owner with the appropriate documents for the car, as well as assist in re-registering the vehicle at the road inspection department.
After signing the purchase and sale agreement, the document comes into legal force. Its effect can be canceled only with the mutual desire of the parties or in court, if there are grounds for this.
The purchase and sale agreement for a used car itself signifies the intention of the parties to complete the transaction. Actual confirmation that the property has been transferred to the new owner is the act of acceptance and transfer. This document is an annex to the main agreement, on the basis of which the buyer has the basis for registration of ownership rights.
The act of acceptance and transfer of a damaged car is drawn up according to the type of contract. The text indicates all the essential characteristics of the external and internal appearance of the vehicle that are observed at the time of acceptance of the property. However, you should be extremely careful when preparing the document so as not to miss any nuances. Subsequently, based on the recorded defects, the seller or buyer can challenge the transaction in court.
Download a sample contract for the purchase and sale of a used car here:
Required documents
To draw up a purchase and sale agreement for a salvage car, the parties will need the following documents:
- identification;
- bank account details;
- vehicle passport;
- certificate of registration and issue of state license plates for the car (purchase agreement, general power of attorney or other document confirming ownership of the vehicle);
- MTPL insurance;
- diagnostic card;
- a copy of the report on the car’s participation in an accident or another document with a list of damage to the vehicle.
Copies of documents are attached to the purchase and sale agreement.
When registering a vehicle with state registration, the new owner will need:
- act of acceptance and transfer of the car;
- PTS for the car;
- state numbers (if available).
Deal Features
Buying and selling a car has a number of significant features:
- The contract must comply with legal requirements;
- All accompanying documents must be signed by the buyer and seller. If the transaction was certified by a notary, an official visa is also required;
- If a car is sold by proxy, the buyer must have the appropriate permission.
In addition to the car itself, other components are often sold, such as wheels, spare keys, etc. This condition should be included in the car purchase and sale agreement as a separate clause.
Car purchase and sale agreement: how to draw up and where to download the form
In our society there is always a crisis, then a default, or some other stagnation. Therefore, the issue of purchasing a used car that is not new remains pressing at all times for most car enthusiasts. When buying a used car, you should always remember the risks associated with concluding a purchase and sale agreement for such a car. In this article we will reveal information about how to draw up the correct contract, where you can download forms or draw up a contract online and what documents are needed to register a vehicle with the traffic police.
Legal subtleties when concluding a car purchase and sale agreement
Perhaps someone has a question: is a purchase and sale agreement (SPA) required when selling a car? The only answer in this case is “YES, we need a contract!” Without an agreement, it will not be possible to register the car, and in case of disputes with the tax authorities or the seller, the statute of limitations is 3 years from the date of the transaction.
The agreement is concluded in simple written form; notarization is not required. The agreement is drawn up in 3 copies - one for each of the parties and the third for the traffic police.
The contract must indicate the passport details of the parties, identification details of the car, its cost, payment procedure, technical condition, etc. (see sample contract below).
The transfer of the vehicle is formalized by a transfer deed.
If there is no desire to draw up a separate act, the following clause should be included in the contract: “The seller undertakes to transfer the vehicle specified in clause 1 of this agreement on the day of signing this agreement, without drawing up a transfer act.”
Duration of the car purchase and sale agreement
According to the general rules, the contract for a car does not provide for its validity period; in fact, the contract is unlimited, and to be more precise, the contract is terminated by its execution after the transfer of the car and payment in full.
We recommend that you include in the contract a condition that the buyer is obliged to re-register the vehicle with the State Traffic Safety Inspectorate within 10 days. Otherwise, the seller has the right to independently submit an application to the state traffic inspectorate for deregistration in connection with the sale.
Documents for concluding a car purchase and sale agreement
Before concluding an agreement, it is necessary to collect a certain package of documents. To complete the contract you will need:
- Seller's passport
- Buyer's passport
- Vehicle Passport (PVC)
- Vehicle registration certificate
- Consent of the seller's spouse
- Power of attorney and passport of the representative (when concluding an agreement by the representative).
Verification of documents
When checking documents, the first thing we pay attention to is the vehicle title - we check the VIN code, engine and body number, year of manufacture, color, owner’s full name. We pay special attention to the presence of the “Duplicate” entry - if available, you should already think about buying such a car.
Checking the seller’s passport is routine; in the “Marital status” column, we look at whether the owner is married or not. If married, then notarized consent of the spouse is also required.
After this, we compare the PTS records and vehicle registration certificates. There should be no discrepancies. If the numbers of components and assemblies have been changed, operation of the vehicle is prohibited.
If there is a service book, we study the records of technical inspections TO-1, TO-2, TO-3, etc.
Online services for checking whether a car is wanted or whether it has been arrested are presented on the official website of the State Traffic Safety Inspectorate – gibdd.ru. There you can view information about the car's registration and find out whether the car was involved in an accident. For residents of Moscow, such information can be obtained through the System of interactive interaction with citizens and organizations “Avtokod” - avtocod.ru.
How to fill out a car purchase and sale agreement correctly
Of course, the agreement can be written by hand, this is not prohibited, but this should only be done in case of emergency. It would be optimal to draw up a purchase and sale agreement on a computer using a template/form or using a free online service (for example, CarsDoc.ru).
After concluding the contract, the buyer independently submits documents to the traffic police for registration. The presence of the seller when submitting documents is no longer required.
Filling out a car purchase and sale agreement
When filling out the contract, you should indicate all the essential terms of purchase and sale:
- passport details of the seller and buyer,
- registration characteristics of the car (according to the PTS),
- indicate the cost when payment occurs (before signing the contract, after, or the car is sold in installments),
- the car is transferred under a transfer and acceptance certificate or without drawing it up,
- as well as additionally transferred equipment.
Filling out the vehicle acceptance certificate
Here is a sample of filling out a standard act:
You can download the transfer and acceptance certificate form for free here. We remind you that if the act is drawn up, it is also drawn up in 3 copies.
Model form of car purchase and sale agreement 2018
The vehicle registration certificate template can be downloaded for free here. The sample document is approximate and can always be adjusted according to your situation. For convenience, we recommend that you print the form and keep it handy to fill out.
Form of car purchase and sale agreement in MS Word (doc) format
The previous paragraph presented a standard contract form, which is simple and accessible. For those who want to protect themselves when buying a car, we offer to download a more detailed agreement in MS Word (doc) format.
Required documents for car registration
To register a car with the traffic police, you will need a whole set of documents, a list of which is given below:
- Contract of sale
- Transfer and Acceptance Certificate
- Spouse's consent
- Application for change of owner
- Power of attorney.
Application to the traffic police
To complete the registration procedure, you, as the new owner of the car, submit an application using a special form, which can be downloaded here or on the traffic police website (link given above). The application to the traffic police about a change of owner indicates the details of the buyer (his representative, if the application is submitted by proxy):
Filling out the PTS
After concluding the contract and transferring the money, an entry about the new owner of the car is made in the PTS. According to the new rules, the PTS is filled out manually by the buyer or seller:
- in the lines “Name (full name) of the owner”, “Address” the buyer’s data is indicated;
- in the line “Date of sale (transfer)” the day, month and year of signing the car purchase and sale agreement are indicated;
- in the line “Document of ownership” indicate the name of the document confirming ownership of the car (purchase and sale agreement), its number (if available) and the date of preparation;
- in the line “Signature of the previous owner” the seller must put his signature, and in the line “Signature of the current owner” the buyer must put his signature. If the seller is a legal entity or individual entrepreneur, the lines with data about the previous owner of the car must be certified with their company seal.
The remaining data located on the left front and back sides of the PTS (“Vehicle registration certificate, series, N”, “State registration plate”, “Registration date”, “Issued by the traffic police”, “Date of deregistration”) are filled out by traffic police officers . All records are certified by the signatures of the specified employees and the seal of the traffic police department.
Sample of filling out PTS:
Sample of filling out PTS for purchase and sale
Sales and purchase agreement between individuals and legal entities
Such an agreement is practically no different from an agreement between individuals. On the part of the legal entity, the agreement is signed by the director or a person acting on the basis of a power of attorney issued by this legal entity. Before concluding an agreement, you should make sure of the powers of the person acting on behalf of the legal entity: for this, the constituent documents, the decision to appoint a director, and information from the Unified State Register of Legal Entities are checked.
Current information about legal entities is publicly available at: egrul.nalog.ru
Sales and purchase agreement for a used car
If you purchase a damaged car, this must be indicated in the contract and all damage must be indicated. This will protect the parties from claims in the future.
Where to draw up a car purchase and sale agreement for free
You can draw up a car purchase and sale agreement online and free of charge. Currently, this can be done in the online service CarsDoc.ru, which allows you to automatically receive all documents ready at once:
- purchase and sale agreement (or gift agreement),
- act of acceptance and transfer,
- receipt of money,
- spouse's consent,
- application to the traffic police about a change of owner.
We recommend using this service because it is time-tested, free, and provides you with all the necessary documents at once. The documents compiled by the service are distinguished by their legal literacy and elaboration. In this case, you will not need paid legal services.
Video instructions for drawing up a car purchase and sale agreement
In conclusion, we invite you to watch a video on how to correctly draw up a contract:
Samples of purchase and sale agreements
Let’s add a few more samples of car purchase and sale agreements in Word format for those looking for them: