Car exchange agreement between individuals

How to correctly draw up a car exchange agreement between individuals and legal entities in 2019

So, you have decided to exchange your car. Then you should carefully study this article, because a car purchase and sale agreement and an exchange agreement are completely different documents, which many people often forget due to inexperience.

Types of documents in 2019

Car sharing is a common occurrence in our lives. Depending on the legal affiliation of the participants and the terms of the transaction, the exchange agreement is divided into several types:

Between citizens (individuals).
Agreement between legal entities.
Mixed.
With extra charge.
Key to key.

Sometimes there are even car exchanges for real estate; exchanges under the trade-in program are also popular. Having a common legal basis, these types differ in nuances, which are naturally important. We will tell you further about how you can arrange a car-for-car exchange between individuals.

This video will tell you about the car exchange agreement as a special document:

Car exchange agreement between individuals

Features of compilation

A feature of a regular exchange agreement is that both parties simultaneously act as sellers in relation to the car being given away and buyers in relation to the one received. This must be reflected in the text of the contract.

When concluding a car-for-car exchange agreement, two situations may arise:

The cost of the cars being replaced was the same. In this case, after concluding an agreement, the parties to the transaction make a simple exchange of cars, keys and documents.
Cost varies. In this case, the owner of the cheaper car pays the difference.

An exchange agreement concluded between individuals can be drawn up in free form, but in order to take into account all possible inconsistencies, it is advisable to adhere to a proven form. The content should be as follows:

Introductory part with addresses and passport details of the contracting parties.
Description of the cars being replaced, indicating the make, color, engine and body numbers.
An indication of ownership, confirmed by the numbers of the vehicle registration certificate and PTS.
Agreed price for both cars.
Amount and duration of additional payment (if necessary).
The procedure and timing of the transfer of vehicles and the transition to new ownership.
Confirmation that the cars being replaced are not mortgaged, are not under arrest, and ownership rights to them have not been transferred to third parties.
Obligations and rights of parties to the contract and their liability for violations.
The possibility of terminating the contract by mutual agreement or if one of the parties to the transaction violates the terms of the contract.
Addresses and signatures of the parties.

Below you can see the form of a car exchange agreement between individuals, and you can download it here.

Sample contract for the exchange of cars between individuals without additional payments

We'll talk about exchanging a car and drawing up a contract below.

Agreement between citizen and legal entities in 2019

When concluding a car exchange transaction between legal entities and a citizen and a legal entity, the contract is valid only in writing and the rules for the conclusion change somewhat. To an agreement similar to that described above, the following points are added:

The water part of the contract must indicate not only the names or the name (for a mixed transaction) of organizations, but also the persons authorized to sign the contract. Moreover, if another employee of the company is involved in processing the transaction, then he must have a power of attorney.
It is necessary to indicate the validity period of the contract.
Make a record of the responsibilities, rights and obligations of the parties. In addition, the transfer procedure should be specified in more detail.
A clause on the conditions for termination of the contract and force majeure is required.
A warranty period is established during which the party that transferred the car is responsible for possible breakdowns of the car for reasons independent of operating conditions.
The agreement is certified by the signatures of senior officials and seals of organizations.
Notarization of the document is required.

Attached to the agreement:

The act of acceptance and transfer.
Certificate of technical condition.
PTS.

Below we will tell you how to draw up a car exchange agreement with an additional payment.

You will find even more useful nuances about the exchange agreement in the video below:

Exchange agreement with additional payment

If the cost of the cars being replaced does not match for any possible reason (different models, year of manufacture, mileage or technical condition), then this is not a reason to refuse the deal. For this case, you can draw up a special form of car exchange agreement - with an additional payment. The essence of this type of agreement is that the owner of the cheaper model pays the difference between the agreed price of the car within the framework of the current agreement. In this regard, some additions must be made to the traditional barter agreement:

The contract price of each machine must be recorded.
The amount of the additional payment and the procedure for its repayment have been established. When transferring an amount, you must take a receipt for it.
One of the conditions for an agreement with a surcharge is the need to pay income tax on the monetary difference by the former owner of the cheaper car. Therefore, to prevent possible problems with the tax authorities when concluding this type of agreement, it is important to adhere to the letter of the law.

You can download a car exchange agreement with an additional payment here.

Car exchange agreement between individuals

In a general sense, an exchange agreement is an agreement between the parties, concluded in writing, to transfer an item into ownership in exchange for another item. Car exchange agreements are becoming increasingly popular both between individuals and between individuals and legal entities.

General concept of a vehicle exchange agreement

This standard agreement can be applied in several cases:

A lot of time is spent trying to sell your car.
Trade-in is a system for exchanging an old car for a new one from the showroom.
Possibility of exchanging cars of the same class (equal in price) without wasting time and cash using the barter principle.
The possibility of changing a car with an additional payment for a more expensive one or receiving additional revenue when exchanging for a cheaper one.

Types of exchanges between individuals:

Key to key (no additional payments): the key point of the transaction is the indication of a conditionally determined value by agreement of the parties (must be equivalent). The absence of this clause may result in a requirement from regulatory authorities to charge additional income tax according to the actual market value of a particular vehicle.
With additional payment: in case of an unequal exchange, the procedure for mutual settlements under the transaction is a prerequisite. For cash payments, the parties draw up a receipt in any written form (there is no obligation for notarization), which shows the transferred amount and the reasons for the transfer of money. This receipt is required to be presented to the tax authorities by the recipient of the funds.

Minimizing risks - the contract clearly describes all the conditions, including the amount of additional payments (if any).
A standard agreement concluded in writing is a condition for registering ownership of a new car.
Taxation – not selling a car allows you to avoid paying tax on the income from the sale.

Mandatory terms of the agreement

Details of the parties - when concluding a transaction between individuals, it is mandatory to indicate passport data.
Complete description of vehicles (unique VIN number, vehicle make and model, technical specifications).
Calculation algorithm if there is an additional payment, indicating the timing of funds transfer.
Algorithm for making an exchange - timing, transfer of ownership.
Additionally, you should indicate a confirmation from the owners that the transferred vehicles are not encumbered with anything.

In addition to the owners, the transaction can be carried out using a general power of attorney. In this case, you should pay attention to the powers of the representative according to the provided power of attorney. Its main conditions are: date of issue and validity period, signatures of the principal (owner of the exchanged vehicle) and the authorized representative, the right of the authorized representative to enter into exchange agreements and make cash payments in the event of transactions with an additional payment.

Sequence of transactions

After searching for a potential client for exchange and checking his car, documents, confirmation of ownership or the presence of a general power of attorney, a standard agreement for the exchange of cars between individuals is concluded (the conditions depend on the type of transaction - with an additional payment or the equivalent value of the exchanged objects). The surcharge agreement may specify the payment procedure. In the absence of a prescribed algorithm, money is transferred immediately before or after the transaction.
The agreement is drawn up in writing in triplicate and signed by all participants. Notarization of the agreement is not required.
After the exchange of vehicles, documents and keys, ownership is re-registered with the State Traffic Safety Inspectorate. The right to own the vehicle is transferred simultaneously to the parties to the transaction after signing the agreement.

List of required documents for re-registration:

Documents for vehicles – PTS and registration certificate.
Identity document (original).
Compulsory MTPL insurance policy.
A written exchange agreement.

Conclusion

The exchange agreement is a convenient and modern tool for conducting transactions with vehicles. Its conclusion does not require a significant investment of time (no notarization). In addition, it becomes possible to choose the desired car and exchange it in the shortest possible time without monitoring the market of potential buyers for your vehicle. However, in order to reduce the risks of fraud, you need to prepare in advance - study the history of the vehicle and the procedure for drawing up the contract itself.

How to correctly draw up a car exchange agreement between individuals and legal entities?

Types of documents

Car sharing is a common occurrence in our lives. Depending on the legal affiliation of the participants and the terms of the transaction, the exchange agreement is divided into several types:

Between citizens (individuals).
Agreement between legal entities.
Mixed.
With extra charge.
Key to key.

This video will tell you about the car exchange agreement as a special document:

Car exchange agreement between individuals

Features of compilation

When concluding a car-for-car exchange agreement, two situations may arise:

The cost of the cars being replaced was the same. In this case, after concluding an agreement, the parties to the transaction make a simple exchange of cars, keys and documents.
Cost varies. In this case, the owner of the cheaper car pays the difference.

Introductory part with addresses and passport details of the contracting parties.
Description of the cars being replaced, indicating the make, color, engine and body numbers.
An indication of ownership, confirmed by the numbers of the vehicle registration certificate and PTS.
Agreed price for both cars.
Amount and duration of additional payment (if necessary).
The procedure and timing of the transfer of vehicles and the transition to new ownership.
Confirmation that the cars being replaced are not mortgaged, are not under arrest, and ownership rights to them have not been transferred to third parties.
Obligations and rights of parties to the contract and their liability for violations.
The possibility of terminating the contract by mutual agreement or if one of the parties to the transaction violates the terms of the contract.
Addresses and signatures of the parties.

Below you can see the form of a car exchange agreement between individuals, and you can download it here.

Sample contract for the exchange of cars between individuals without additional payments

We'll talk about exchanging a car and drawing up a contract below.

Agreement between a citizen and legal entities

The water part of the contract must indicate not only the names or the name (for a mixed transaction) of organizations, but also the persons authorized to sign the contract. Moreover, if another employee of the company is involved in processing the transaction, then he must have a power of attorney.
It is necessary to indicate the validity period of the contract.
Make a record of the responsibilities, rights and obligations of the parties. In addition, the transfer procedure should be specified in more detail.
A clause on the conditions for termination of the contract and force majeure is required.
A warranty period is established during which the party that transferred the car is responsible for possible breakdowns of the car for reasons independent of operating conditions.
The agreement is certified by the signatures of senior officials and seals of organizations.
Notarization of the document is required.

Attached to the agreement:

The act of acceptance and transfer.
Certificate of technical condition.
PTS.

Below we will tell you how to draw up a car exchange agreement with an additional payment.

You will find even more useful nuances about the exchange agreement in the video below:

Exchange agreement with additional payment

The contract price of each machine must be recorded.
The amount of the additional payment and the procedure for its repayment have been established. When transferring an amount, you must take a receipt for it.
One of the conditions for an agreement with a surcharge is the need to pay income tax on the monetary difference by the former owner of the cheaper car. Therefore, to prevent possible problems with the tax authorities when concluding this type of agreement, it is important to adhere to the letter of the law.

You can download a car exchange agreement with an additional payment here.

Car exchange agreement between individuals

A car exchange agreement between individuals is an agreement between the parties to transfer ownership of an item in exchange for another item. Issued in writing.

In what cases is it used?

When it takes a lot of time to try to sell your car.
Trade-in (a system for exchanging an old car for a new one from the showroom).
Possibility of exchanging cars of the same class (equal in price) without spending time and money using the barter principle.
The possibility of changing a car with an additional payment for a more expensive one or receiving additional revenue when exchanging for a cheaper one.

Types of exchanges between individuals:

Key to key (no additional payments): an important condition of the transaction is the indication of a conditionally determined value by agreement of the parties (must be equivalent).
With additional payment: in case of an unequal exchange, the procedure for mutual settlements under the transaction is a prerequisite.

Important! The difference between the cars means the emergence of income for the recipient of the money, taxed at a rate of 13% with the emergence of the obligation to submit a 3-NDFL declaration to the Federal Tax Service.

What are the benefits of the deal:

Minimizing risks in the contract.
A standard agreement concluded in writing is a condition for registering ownership of a new car.
Not selling a car allows you to avoid paying tax on the income from the sale.

What needs to be included in the agreement

Details of the parties (including passport details).
Full description of vehicles (unique VIN number, make and model of car, technical characteristics).
Calculation algorithm if there is an additional payment, indicating the timing of money transfer.
How the exchange will take place and when (timing, transfer of ownership).
Additionally, there must be confirmation from the owners that the transferred car is not encumbered with anything.

A vehicle acceptance certificate is required.

In addition to the owners, the transaction can be carried out using a general power of attorney.

Sequence of actions during a transaction

After searching for a potential client for exchange and checking his car, documents, confirmation of ownership or the presence of a general power of attorney, a standard car exchange agreement between individuals is drawn up.
The document is drawn up in writing in triplicate. All participants must sign it.
After the exchange of cars, documents and keys, ownership is re-registered with the State Traffic Safety Inspectorate.

What documents are required for re-registration:

For vehicles, PTS and registration certificate.
Original document that proves your identity.
Compulsory MTPL insurance policy.
Concluded in writing (barter agreement).

Car exchange agreement with surcharge

Document type: Agreement of exchange

To save a sample of this document to your computer, follow the download link.

Document file size: 5.4 kb

This agreement is drawn up if the cars participating in the transfer and acceptance transaction are of unequal value. First of all, the parties to the agreement enter their passport data, and in accordance with the agreement they are called Party-1 and Party-2.

The contract must contain:

car make and number;
engine and body numbers;
year of manufacture and series of the car;
estimated value;
data from the registration certificate confirming ownership (number, series, title).

One of the parties pays, according to the amount entered into the contract, the difference between the cost of the cars. The transfer of vehicles takes place within the period agreed upon and included in the contract. Lastly, the details of the parties are indicated and signatures are placed.

Features of an exchange agreement with additional payment

An exchange agreement with an additional payment is necessarily accompanied by the establishment of a payment procedure. If the additional payment is made in cash, then the parties to the transaction draw up a receipt in free form, which does not require the signature of witnesses or notarization. The receipt must indicate the amount and reason for the transfer. The receipt is drawn up in two copies and attached to the agreement. A copy of it will be required by the party receiving the additional payment when paying income tax.