Sample contract for the sale of a car
Contract of commission for the sale of a car
If for any reason the car seller is unable to be present during the transaction for the alienation of the vehicle, he can assign the rights to perform legal actions to another person. To do this, you need to draw up a contract of authorization for the sale of the car. Let's consider how to correctly draw up such an agreement and what its features are.
What is a car purchase agreement?
First of all, you should find out on what basis the car is being sold. The transaction is confirmed by a purchase and sale agreement (SPA). The DCT is the main document confirming the transfer of ownership of the car from the previous owner to the new one. Without such an agreement, the new owner will not be able to register the vehicle with the traffic police. In accordance with the law, notarization and additional stamps are not required for its registration. In addition, it can be in handwritten format.
The agreement is signed in the presence of all parties to the transaction. Despite the fact that the content of the contract is not regulated by anything, it must contain a number of information, without which this document will not be considered reliable. In particular, the parties indicate their full names, passport details, and residential addresses. In addition, the contract contains comprehensive information about the car, as well as data from the documents on the basis of which the seller owns the car (vehicle registration certificate (VRC) and vehicle passport (PTS)).
What is an agency agreement for the sale of a car?
A contract of agency (DA) is an agreement in which the principal (seller) transfers the rights to perform certain legal actions to his attorney. In this case, the rights and obligations under the completed transaction arise directly from the principal.
Such an agreement is consensual, that is, the consent of the parties is sufficient for its conclusion.
The peculiarity of this document is its personal nature, which presupposes mutual trust of the participants.
The reasons for drawing up the document may be the following:
- The seller does not have time to sell the car on his own.
- Due to his character, the seller does not know how to bargain, but wants to sell the car at a favorable price. This also includes a lack of experience in secondary sales, reluctance to give cars to resellers, etc.
- The car for sale has technical problems, and the owner simply cannot sell the vehicle.
The agreement for the sale of a car is a two-sided agreement. They provide not only for the responsibilities of the attorney for the alienation of the car, but also for the responsibilities of the principal: issuing a power of attorney, providing the attorney with everything necessary to complete the transaction and, if agreed upon, paying remuneration. A sample agency agreement contains a complete listing of all rights and obligations:
The Civil Code of the Russian Federation does not provide for a special form of agreement, therefore it is drawn up in accordance with the general rules for the formation of such documents. The agreement can be concluded:
- Orally - if both parties to the transaction are individuals, and the cost of the vehicle does not exceed 10 minimum wages (minimum monthly wage).
- In writing - if one of the parties is a legal entity or the price of the car exceeds 10 minimum wages.
When answering the question of what a commission agreement is, it is important to mention that it can be paid or gratuitous.
The gratuitous form arises if the payment of remuneration to the attorney is not expressly provided for in the contract. If the agreement is concluded on a paid basis, the text of the document specifies the amount that must be paid to the contractor.
At the same time, reimbursement of the attorney’s expenses is not included here - the principal is obliged to compensate for his expenses even in a gratuitous transaction.
The commission agreement and the purchase and sale of a car are closely related: first, an agreement on the assignment is formed, and after the alienation of the vehicle, a contractual agreement is drawn up. In this case, the agency agreement can become the basis for drawing up a purchase and sale contract.
Differences between a power of attorney and a contract of agency
Assessing the essence of the agency agreement, you can see that there is much in common between it and a power of attorney. In both cases, a trustee is involved in the transaction, who is engaged in carrying out certain legal actions. However, there are significant differences between these legal documents:
- A DP is a bilateral transaction in which both parties have rights and obligations. The power of attorney is unilateral in nature.
- A DP can also be drawn up orally, but a power of attorney can be drawn up exclusively in writing.
- The power of attorney is signed only by the principal, and the DP is drawn up with the signature of intermediaries.
- In the event of termination of the activities of the legal entity on whose behalf the power of attorney was issued, its validity is automatically terminated. The contract of agency under similar conditions does not terminate and remains in force.
Drawing up a power of attorney has a number of features.
Rights and obligations of participants in the agency agreement
The responsibilities of the principal (car owner) include the following:
- providing the trustee with everything necessary to complete the transaction;
- reimbursement of all costs incurred by the attorney in executing the assignment;
- timely and full payment of remuneration if the transaction is carried out taking into account the commission.
The attorney is required to:
- personal execution of the assignment entrusted to him;
- informing the principal about the progress of the car sale operation.
Features of drawing up DP
The distinctive characteristics of the agency agreement include:
- This type of agreement refers to direct representation. This means that when completing a transaction for the sale of a car, the attorney does not have rights and obligations, although he acts on behalf of the principal. All rights are transferred to the latter.
- This is a fiduciary agreement, the basis of which is trust between its participants. The attorney has the right to refuse to execute the order at any time, just as the principal can cancel it.
- The subject of the agreement is not the legal actions themselves, but their occurrence during the execution of the order.
- The contract refers to documents of a personal nature, that is, it is executed directly by the attorney.
- The seller bears all expenses incurred by the contractor.
The text of the document contains the following sections:
- Introductory part indicating the details of the parties.
- Definition of the subject of the contract.
- Distribution of rights and obligations of the parties to the agreement.
- Procedure for payment of remuneration.
- Actions of the parties under force majeure circumstances.
- Order execution deadline.
Deadlines for completing orders
The agreement specifies the deadlines for completing the task. They can be set for all actions provided for in the contract, as well as for individual operations. The date of signing of the DP is usually taken as the beginning of the performance period.
An agreement is also accepted that does not specify the specific period allotted to the attorney for the execution of the order. A document without specifying a deadline is also considered valid.
Duration of the DP
The principal has the right to specify the validity period of the contract. The maximum validity period of an order in accordance with the Civil Code of the Russian Federation is three years.
Reassignment of instructions
The execution of the assigned task can be entrusted to a third party. However, this is only possible if a reference to such permission is present in the text of the agreement. If there is a clause stating that the attorney must carry out the instructions personally, it will not be possible to delegate the operation.
Invalid DP
The agency agreement terminates as a result of the occurrence of the following events:
- the order was carried out;
- the principal canceled the task;
- the attorney refused to execute;
- the death of one of the parties to the agreement has occurred;
- one of the parties is declared incompetent.
If the seller cannot complete the transaction himself, he can entrust the sale of his car to another person. Such an order can be agreed upon either orally or in writing. The main thing is to take into account all the pitfalls of preparing such a document.
It is important to remember that the contract of authority for the sale of a car does not give the attorney any rights. All rights and obligations arising as a result of the transaction belong to the principal, that is, to the seller.
Instruction, contract of agency, power of attorney. What's the difference: Video
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Indeed, when drawing up a sales contract, you need to be especially vigilant. After all, there are many cases when a car is sold to inattentive buyers only by proxy, where the seller is not the owner.
Commission agreement for the sale of a car
Document type: Commission Agreement
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Document file size: 16.5 kb
The participants in the commission agreement, which is signed during the sale of a car at auction, are two legal entities. That is, the owner of the car and the seller, who in this document are represented by the commission agent and the principal. To sign the document, the parties will need the following information:
- legal and postal address;
- TIN and checkpoint of the company;
- bank current accounts;
- data of authorized persons;
- a document on the basis of which authorized persons can participate in the agreement.
What is the subject of the contract?
According to this document, the subject of the agreement is the provision of services to find and attract buyers of the presented property, in this case a vehicle. When selling a car, the commission agent must adhere to the price specified by the principal, and also sell the vehicle within the specified period.
The principal, in turn, by signing the document, undertakes to pay the commission agent a remuneration for the work performed in the established amount. The size of the commission is determined by the parties at the time of drawing up the document. The contract must include all details of the vehicle.
Form of commission agreement for the sale of a car
Sample commission agreement for the sale of a car (completed form)
Download Commission Agreement for the sale of a car
Commission agreement for the sale of a car No.
1. THE SUBJECT OF THE AGREEMENT
1.1. According to this Agreement, the Commissioner undertakes, on behalf of the Principal, to search for and attract a potential client for the purchase of a car for the Principal at a price not lower than agreed upon by the Parties in Appendix No. to this agreement.
1.2. The cost of the Car offered for sale and determined in Appendix No. to this agreement may be changed by the Commissioner in any direction, only with written agreement with the Principal. Appendix No. is an integral part of this agreement.
1.3. If the Commissioner has attracted a buyer to purchase the Principal's car, the purchase and sale agreement is concluded directly between the owner of the car or his legal representatives and the buyer, without the participation of the Commissioner.
2. RIGHTS AND OBLIGATIONS OF THE COMMISSIONER
2.1. Expenses associated with the sale are agreed with the principal.
2.2. The commission agent undertakes:
2.2.1. Study the market and attract a Buyer willing to purchase a Car on the terms specified in this agreement.
2.2.2. To inform the Principal, upon his request, all information about the progress of execution of this agreement.
2.2.3. If necessary, involve representatives of the Principal in participation in negotiations with the Buyer.
2.2.4. Do not enter into an agreement on your own behalf with the Buyer for the purchase of the Car. When the Commission Agent accepts the Car, the Principal is obliged to provide information about whether his Car has undergone scheduled maintenance specified in the service book, or indicate defects in the acceptance certificate (engine chassis).
2.2.5. If someone causes damage to the Principal's property held by the Commissioner, take measures to protect the Principal's rights, collect the necessary evidence and notify the Principal about this.
2.3. The commissioner is not responsible for personal items left in the car under this agreement.
2.4. The Commissioner reserves the right to check the Vehicle through the Interregional Investigation Center.
2.5. If the Car is wanted, the Commissioner reports this information and, if necessary, transfers the Car to the traffic police.
3. RIGHTS AND OBLIGATIONS OF THE PRINCIPANT
3.1. The principal undertakes:
3.1.1. Deliver the car to the showroom as directed by the Commissioner, and also remove the unsold car on your own at the first request of the Commissioner.
3.1.2. Provide the Commissioner with a complete package of necessary documents.
3.1.3. Provide the Commissioner with technical or other necessary materials.
3.1.4. If necessary, ensure the presence of its authorized representatives at negotiations between the Commission Agent and the Buyer.
3.2. The Principal guarantees that he is the full and legal owner of the Car. Until the conclusion of the contract, the Car is not alienated, not mortgaged, is not in dispute or under arrest, is not encumbered by the rights of third parties, and the Principal’s property rights are not disputed by anyone.
3.3. The principal guarantees that the car does not have any properties that could result in its loss, deterioration or damage.
3.4. If the Principal has expressed a desire to unilaterally terminate the contract early before the end of the calendar day (from the date of conclusion of the contract), the amount of costs incurred for vehicle maintenance: gasoline costs, pre-sale preparation and parking fees are not paid by the Principal.
3.5. If the Principal decides to unilaterally terminate the contract after a calendar day (from the date of conclusion of the contract), he is obliged to pre-pay the costs incurred by the Commission Agent for consumables: (car washing rubles per week), gasoline costs, pre-sale preparation, protected car parking in the amount of the established tariff (rubles per day) from the moment of conclusion of this agreement.
3.6. If the Commission Agent, for his part, has fulfilled all the terms of this agreement, the Principal is obliged to pay remuneration in the established amount specified in Appendix No.
4. RESPONSIBILITY OF THE PARTIES
4.1. The commission agent bears partial financial responsibility for the car in safe custody under this agreement.
4.2. The commission agent is not responsible for the actions of third parties resulting in consequences that may result in violation of the rights provided for by the legislation of the Russian Federation of one or another party to this agreement.
4.3. The commission agent unilaterally has the right to terminate the contract without giving a reason.
4.4. For failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.
4.5. The Commission Agent is not liable to the Buyer for defects, including hidden ones, of the sold car, unless the Principal has notified the Commission Agent or the Buyer in writing about these defects.
4.6. The commission agent is not financially liable to the owner for damage caused to the car as a result of natural disasters, fire that did not occur through the fault of the administration or force majeure.
4.7. If the situation on the goods market changes during the execution of this agreement, the Commissioner within working days notifies the Principal of the circumstances that have arisen and suspends the execution of the agreement until an agreed decision is made.
4.8. The Principal is responsible to the Commission Agent and the Buyer and guarantees that the Car is not pledged, under arrest, stolen, wanted or alienated.
4.9. The commission agent is not responsible for the non-working condition of technical units such as: engine, gearbox, suspension elements, steering, electrics, wheels.
5.FINAL PROVISIONS
5.1. This agreement is valid for a period of , from the moment of signing by its 2 parties (the Principal and the commission agent)
5.2. This agreement comes into force from the moment it is signed by the Parties.
5.3. This agreement is valid until "" year
5.4. This agreement will be considered fulfilled after fulfillment of mutual obligations and settlement of all settlements between the parties.
5.5. The appendices to this agreement are its integral parts.
5.6. By mutual agreement, the Parties may make necessary additions or changes to this agreement, which will be valid if signed by authorized representatives of the Parties.
5.7. In the event of disputes arising on issues provided for in this agreement or in connection with them, the Parties will take all measures to resolve them through negotiations.
5.8. If it is impossible to resolve these disputes through negotiations, they will be resolved in accordance with the current legislation of the Russian Federation, in the arbitration court of the city of St. Petersburg.
5.9. In everything that is not provided for in this agreement, the provisions of the current legislation of the Russian Federation apply.
5.10. Termination of the commission agreement and return of the car is carried out only on weekdays, or by prior agreement with the Commission Agent.
5.11. This agreement is drawn up in copies.
Sample contract for the sale of a car
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In the event of loss or damage caused by the Commission Agent, the latter undertakes to pay the full cost of restoration work or to eliminate the problems that have arisen on his own, depending on the agreement with the Principal.
In accordance with current legislation, prepare a notice of the auction results and publish it in the media.
Upon execution of the order or upon termination of this agreement before its execution, immediately return to the Principal the power of attorney, the validity of which has not expired.
Contract of assignment for the sale of a car
The parties to the agency agreement - the principal and the attorney - in accordance with the requirements of the Legislator, can only be legally capable persons.
This Agreement is drawn up in Ukrainian in two copies, one of which remains in the files of the private notary of the Kyiv city notary district Franchuk I.A. and the second is issued to the Buyer.
The Seller undertakes to deliver the car to the Buyer in a condition that complies with technical standards and usual requirements and to warn the Buyer about the rights of third parties to the car, as well as about all known defects of the car.
The seller's ownership of the car you are buying. Ask the seller for a technical inspection certificate and a technical passport of the car, as well as a general power of attorney or a purchase and sale agreement, on the basis of which the car belongs to the seller.
In the event of termination of the activities of the legal entity on whose behalf the power of attorney was issued, its validity is automatically terminated.
No later than the next day after signing the Sale and Purchase Agreement with the Winner, inform the Attorney of the details of the concluded agreement.
Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction.
Persons who constantly travel, are on business trips or simply do not have the time or sufficient competence to carry out legal actions have the right to enter into an agency agreement. Representation of an incapacitated person, a minor.
In general, all responsibilities for completing the transaction are transferred to the attorney, unless otherwise provided by the agreement.
The rules on agency and commission agreements are respectively applied to relations arising from an agency agreement, depending on whether the agent acts under the terms of this agreement on behalf of the principal or on his own behalf, if these rules do not contradict the provisions of the Civil Code of the Russian Federation on the agency agreement or the essence of the agency agreement.
The built-in constructor will allow you to easily create and form an order agreement for the purchase of a car.
If the Principal violates the deadline established for his acceptance of a vehicle from the Agent, the Agent accepts the specified vehicle for storage with payment for this service by the Principal at the rate of 30 rubles per day. 5.3. In case of violation by the Principal of the payment terms provided for in clause.
It is also advisable to indicate the subtype of the contract, for example, a contract for the sale and purchase of a car. Next, you need to determine the date for signing the contract. It includes the day, month and year, with the month indicated in words. As a rule, the date of signing the agreement is also the date of its entry into force. The next necessary detail of the contract is the place of its signing.
The commission agreement for the sale of a car is drawn up on letterhead provided by the manager of the car dealership. The form must be filled out using a blue or black pen. In some cases, a completely printed (with the exception of the signatures of the parties) execution of the contract in question is allowed. A standard contract must necessarily contain the following information:
- Name - “Commission agreement for the sale of a car”;
- Date and place of execution of the agreement;
- Serial registration number of the current contract;
- Comprehensive identification information about each of the parties involved in the agreement;
- Definition of the services of a commission agent for a car purchase and sale transaction as the subject of an agreement;
- Determining the time period during which the specified product must be sold;
- Indication of the cost of the vehicle to be sold and the amount due to the seller’s representative as remuneration;
- A detailed description of the car for sale, indicating all technical characteristics at the time of receipt at the dealership;
- Description of the procedure for receiving and transferring goods;
- Indication of the rights, duties and responsibilities of the seller and intermediary;
- Determining the method of payment for contractual obligations;
- Determining the confidentiality of data included in the text of this agreement;
- Banking and contact details of the parties;
- Personal signatures of the principal and commission agent;
- Legal seal of a car dealership.
We agreed that we would go to the paid MREO. We agreed that I would transfer the money for the car only after I successfully registered the car in my name at the MREO.
The commission agreement for the sale of a car is drawn up on letterhead provided by the manager of the car dealership. The form must be filled out using a blue or black pen. In some cases, a completely printed (with the exception of the signatures of the parties) execution of the contract in question is allowed. A standard contract must necessarily contain the following information:
- Name - “Commission agreement for the sale of a car”;
- Date and place of execution of the agreement;
- Serial registration number of the current contract;
- Comprehensive identification information about each of the parties involved in the agreement;
- Definition of the services of a commission agent for a car purchase and sale transaction as the subject of an agreement;
- Determining the time period during which the specified product must be sold;
- Indication of the cost of the vehicle to be sold and the amount due to the seller’s representative as remuneration;
- A detailed description of the car for sale, indicating all technical characteristics at the time of receipt at the dealership;
- Description of the procedure for receiving and transferring goods;
- Indication of the rights, duties and responsibilities of the seller and intermediary;
- Determining the method of payment for contractual obligations;
- Determining the confidentiality of data included in the text of this agreement;
- Banking and contact details of the parties;
- Personal signatures of the principal and commission agent;
- Legal seal of a car dealership.
We agreed that we would go to the paid MREO. We agreed that I would transfer the money for the car only after I successfully registered the car in my name at the MREO.
The agency agreement, due to its nature based on the personal-trust relationship of the parties, is often used to formalize representation between the principal and the attorney, whose roles can be not only citizens, but also legal entities.
How to draw up a car purchase and sale agreement. Sample contract examples
The buyer has the right to demand that the seller hand over the car in a condition that complies with technical standards and usual requirements.
If it is impossible to resolve disputes through negotiations, they are subject to resolution in court in the manner established by the current legislation of Ukraine, whose jurisdiction includes the right to resolve relevant disputes.
In ch. 49 of the Civil Code of the Russian Federation there are no direct instructions for drawing up agreements of this type. Accordingly, general rules apply to contracts. The agreement can be made either in writing or orally.
The sale of the car, by agreement of the Parties, is carried out for _________ (________) hryvnia 00 kopecks, which the Seller received from the Buyer before signing this agreement.
If for any reason the car seller is unable to be present during the transaction for the alienation of the vehicle, he can assign the rights to perform legal actions to another person. To do this, you need to draw up a contract of authorization for the sale of the car. Let's consider how to correctly draw up such an agreement and what its features are.
Purchase and sale agreement without a passport
The agreement for the sale of a car is a two-sided agreement. They provide not only for the responsibilities of the attorney for the alienation of the car, but also for the responsibilities of the principal: issuing a power of attorney, providing the attorney with everything necessary to complete the transaction and, if agreed upon, paying remuneration. In accordance with current legislation, prepare a notice of the auction and publish it at the expense of the Principal in the Omsky Vestnik newspaper.
The agent is obliged to perform legal actions and other actions on behalf of the principal in his own name, but at the expense of the principal or on behalf and at the expense of the principal.
However, the seller may not always participate in this procedure. In addition, the law does not support such transactions between individuals.
It is necessary to clarify that all activities necessary for the successful sale of a car are carried out by the commission agent on his own behalf, but at the expense of the commission agent.
Vehicle characteristics: Identification number (VIN) _________________________________. Make, model of vehicle ______________________________________________. Name (vehicle type) ________________________________________. Vehicle category (A, B, C, D, trailer) _____________________________.
Typically, under a contract of agency, one party instructs the other to carry out some transaction (for example, buy or sell a car, an apartment) or to perform any actions that entail legal consequences (for example, accept an inheritance and register it in the name of the principal). A contract of agency is used when one party, for various reasons, is unable or unwilling to perform the necessary actions themselves.
The Commissioner has the right to replace the license plate frames with corporate ones, but if this replacement, for one reason or another, does not suit the Principal, he is obliged to notify the Commissioner about this in advance. 3.6. The commission agent has the right to withhold the remuneration due to him under this commission agreement from the funds received by him from the Buyer as payment for the Principal's Car. 3.7.
Number of car purchase and sale agreements at the conclusion of the transaction
Accordingly, the principal undertakes:
- Personally deliver the vehicle to the dealership;
- Remove advertisements for the sale of a car no later than 3 days before transferring the vehicle to the car dealership manager;
- Provide remuneration and cover the contractor’s corporate expenses related to his obligations under the current commission agreement;
The car specified in clause 1.1 of the contract must be purchased at a price not exceeding _____________________. 1.3. The Commission Agent undertakes to execute the accepted order on the terms most favorable to the Principal. 1.4. Information about the car must be indicated in the form given in Appendix No. 1. 2.
The boundaries and size of the land plot on which the apartment building is located are determined in accordance with the requirements of land legislation and legislation on urban planning.
The form of the contract is not provided for in the code, which allows it to be concluded according to the general rules in force for such documents. This means that the document can be drawn up: – orally.
Year of manufacture of the vehicle is _________________________________________________. Model, engine N _________________________________________________.
The agreement can be paid or gratuitous, but in any case, the accompanying expenses for registering the sale/transaction are fully paid by the principal.
The gratuitous form arises if the payment of remuneration to the attorney is not expressly provided for in the contract. If the agreement is concluded on a paid basis, the text of the document specifies the amount that must be paid to the contractor.
How to draw up an agency agreement under the Civil Code of the Russian Federation (sample)?
The name of the goods, quantity, cost, completeness and other characteristics of the goods are determined by the parties in the text of the contract for the sale of goods, or in the appendices to it (specification of goods, assortment of goods). Also, the characteristics of the product may be specified in additional appendices to the contract. If it is impossible to fulfill the instructions under this agreement, immediately notify the Principal.
Agency agreement (sample)
______________ "___" ___________ 20__
(name of organization, full name of citizen)
we refer to __ hereinafter as the “Principal”, represented by ___________________________,
acting on the basis ______________________________________________,
(charter, regulations, power of attorney)
on the one hand, and _____________________________________________________,
(name of organization, full name of citizen)
we refer to __ hereinafter as “Attorney”, represented by ___________________________,
acting on the basis of _________________________________, on the other hand,
have entered into this agreement as follows:
1. Subject of the agreement and obligations of the parties
1.1. The Principal instructs and undertakes to pay, and the Attorney
undertakes to perform on behalf and at the expense of the Principal the following legal
Rights and obligations under transactions completed by the Attorney in
in accordance with this agreement arise directly from
1.2. The attorney is obliged to fulfill the instructions given to him
on one's own. Delegating the execution of an order to another person is not
1.3. The attorney is obliged to fulfill the instructions given to him in accordance with
with the instructions of the Principal, which must be lawful and feasible
and specific, as well as the requirements of clause 1.1 of this agreement.
The Attorney has the right to deviate from the instructions given to him by the Principal if
according to the circumstances of the case, this is necessary in the interests of the Principal and
The Attorney could not first request the opinion of the Principal or did not
received a timely response to my request.
1.4. The order specified in clause 1.1 of this agreement is considered
executed by the Attorney and payable by the Principal after the actual
occurrence of the following circumstances: _____________________________________
_______________________________________________ (specific legal
circumstances the occurrence of which gives rise to an obligation
The Principal will pay for the services of the Attorney).
1.5. The attorney is also obliged to:
inform the Principal, upon his request, all information about the progress of execution
transfer to the Principal without delay everything received under the transactions,
carried out in pursuance of an order;
upon execution of an order or upon termination of this agreement
the order must be returned to the Principal without delay before it is executed
power of attorney, which has not expired, and within ____________ (period)
submit to the Principal a written report with supporting evidence attached
documents, if required by the nature of the order.
The following documents must be attached to the Attorney's report:
1.6. The principal is obliged:
issue to the Attorney a power of attorney (powers of attorney) to carry out
legal actions provided for in clause 1.1 of this agreement, for
except for the cases provided for in the second paragraph of clause 1 of Article 182 of the Civil Code of the Russian Federation, and
also provide the Attorney with other necessary documents;
reimburse the Attorney for expenses incurred and provide for him
funds necessary to execute the order;
without delay, accept from the Attorney everything he has completed in
in accordance with this agreement;
pay the Attorney remuneration according to the rules established in
Section 2 of this agreement.
1.7. If this agreement is terminated before the order
executed in full, the Principal is obliged to compensate the Attorney for any expenses incurred
when executing the order, costs, as well as pay him remuneration
commensurate with the work he has done. This rule does not apply to execution
The trustee of the assignment after he learned or should have known about
2. Attorney's fee
and payment procedure
2.1. Attorney's remuneration (contract price) for execution
instructions of the Principal is ____________________ rubles. When
termination of an order before it is executed, the amount
remuneration to be paid to the Attorney in accordance with
with this agreement is determined by agreement of the parties.
2.2. No later than ______________________ from the date of acceptance
The principal reports on the execution of the order, the Principal transfers to
the Attorney's bank account for the entire amount specified in clause 2.1 of the agreement.
3. Responsibility of the parties
3.1. In case of failure to pay the Agent's remuneration on time,
established in clause 2.2 of the agreement, the Principal pays him a penalty in
in the amount of __% of the payment amount for each day of delay, but not more than
3.2. Other measures of liability of the parties for failure to fulfill their
obligations under this agreement are determined according to the general rules of the Civil Code of the Russian Federation.
4. Dispute resolution
4.1. Disputes and disagreements that may arise during the execution
of this agreement will, if possible, be resolved through negotiations
4.2. Disputes between the parties that are not resolved through negotiations are referred to
for permission in _____________________________ (location
5. Duration of the contract
5.1. This agreement comes into force from the moment of its signing
parties and is valid until _______________________________________________.
5.2. This agreement is terminated, in addition to the general grounds
termination of obligations, also due to:
cancellation of the order by the Principal before the start of its actual execution;
refusal of the Attorney. If the Attorney refused the contract when
conditions when the Principal is deprived of the opportunity to otherwise ensure his
interests, the Attorney is obliged to compensate for damage caused by the termination of the contract
5.3. Any changes and additions to this agreement
are valid only if they are made in writing and
signed by the parties or duly authorized representatives
6. Addresses and bank details of the parties
This agreement is drawn up in two copies in Russian. Both
copies are identical and have the same force. Each side
There is one copy of this agreement.
Attached to this agreement are: ________________________________.
Principal ___________________________________ M.P.
Attorney ___________________________________ M.P.
Sample contract for the sale of a car
Hello, in this article we will try to answer the question “A sample contract for the sale of a car.” You can also consult with lawyers online for free directly on the website.
In this case, the Commissioner is obliged to take measures to protect the Principal's rights to his property held by the Commissioner and to notify the Principal about this.
Upon execution of the order or upon termination of this agreement before its execution, immediately return to the Principal the power of attorney, the validity of which has not expired.
Contract of assignment for the sale of a car
The subject of the agreement cannot be such actions as marriage to the principal, drawing up a will, and others.
The Buyer's ownership of the car arises from the moment of notarization of this agreement, in accordance with clause 3 of Art. 334 of the Civil Code of Ukraine.
The estimated value of the car according to the Expert Assessment Report issued by the expert on _______ 2011 is _______ (______) hryvnia 52 kopecks.
Before buying a car, you need to pay attention not only to its technical characteristics, but also to other issues related to registration of ownership of it, namely: Debts, or rather the lack thereof. All taxes must be paid in full or you will become an assignee.
Assessing the essence of the agency agreement, you can see that there is much in common between it and a power of attorney. In both cases, a trustee is involved in the transaction, who is engaged in carrying out certain legal actions.
No later than the next day after signing the Sale and Purchase Agreement with the Winner, inform the Attorney of the details of the concluded agreement.
Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction.
Persons who constantly travel, are on business trips or simply do not have the time or sufficient competence to carry out legal actions have the right to enter into an agency agreement. Representation of an incapacitated person, a minor.
In addition to certain legal actions, the attorney may need to perform factual actions that are not required to be mentioned in the agreement.
The rules on agency and commission agreements are respectively applied to relations arising from an agency agreement, depending on whether the agent acts under the terms of this agreement on behalf of the principal or on his own behalf, if these rules do not contradict the provisions of the Civil Code of the Russian Federation on the agency agreement or the essence of the agency agreement.
Here you can download a contract of authorization for the sale of a car, a sample of which contains the necessary conditions in accordance with the law.
The Principal, within 3 (three) business days after the Agent issues an invoice, transfers funds to the Agent's current account or deposits funds into the Agent's cash desk. 4.5.
Sample contract for the sale of goods
It should be noted that the contract of agency regulates the so-called “internal” relationships between the principal and the attorney, and for third parties only the power of attorney issued by the principal to the attorney matters. It is worth noting that the presence of a power of attorney does not necessarily imply the conclusion of an appropriate agency agreement between the principal and the attorney.
The commission agreement for the sale of a car is drawn up on letterhead provided by the manager of the car dealership. The form must be filled out using a blue or black pen. In some cases, a completely printed (with the exception of the signatures of the parties) execution of the contract in question is allowed. A standard contract must necessarily contain the following information:
- Name - “Commission agreement for the sale of a car”;
- Date and place of execution of the agreement;
- Serial registration number of the current contract;
- Comprehensive identification information about each of the parties involved in the agreement;
- Definition of the services of a commission agent for a car purchase and sale transaction as the subject of an agreement;
- Determining the time period during which the specified product must be sold;
- Indication of the cost of the vehicle to be sold and the amount due to the seller’s representative as remuneration;
- A detailed description of the car for sale, indicating all technical characteristics at the time of receipt at the dealership;
- Description of the procedure for receiving and transferring goods;
- Indication of the rights, duties and responsibilities of the seller and intermediary;
- Determining the method of payment for contractual obligations;
- Determining the confidentiality of data included in the text of this agreement;
- Banking and contact details of the parties;
- Personal signatures of the principal and commission agent;
- Legal seal of a car dealership.
When concluding a corresponding agreement with the buyer, the Commission Agent undertakes to act in the interests of the Principal. 3.1.5.
In turn, the principal has the right to demand from the commission agent a license and other legal documentation confirming the rules of this person for the representative activity in question.
When concluding a corresponding agreement with the buyer, the Commission Agent undertakes to act in the interests of the Principal. 3.1.5.
An agency agreement for the sale of goods provides fairly broad opportunities for the execution of the principal’s instructions. Along with the legal action - the conclusion of a purchase and sale agreement, the attorney is entrusted with performing actions of a factual nature that do not entail legal consequences for the principal.
Buying and selling cars 3.5.2 (2019) PC
The buyer has the right to demand that the seller hand over the car in a condition that complies with technical standards and usual requirements.
In the event of disputes arising on issues that are the subject of this Agreement or in connection with it, the Parties shall take measures to resolve them through negotiations.
It will take a few minutes to fill out the agency agreement form. It is much easier to draw up an agreement taking into account all the features of cooperation than to encounter controversial situations in the interaction process.
The car has been inspected by the Buyer. At the time of inspection, no deficiencies were identified that would prevent the vehicle from being used for its intended purpose. The Buyer has no claims against the Seller regarding the quality characteristics of the alienated vehicle.
A contract of agency (DA) is an agreement in which the principal (seller) transfers the rights to perform certain legal actions to his attorney. In this case, the rights and obligations under the completed transaction arise directly from the principal.
Purchase and sale agreement without a passport
The peculiarity of this document is its personal nature, which presupposes mutual trust of the participants.
Organize the acceptance of deposits for participation in the auction in the amount of 50% (fifty percent) of the starting price of the lot.
The agent is obliged to perform legal actions and other actions on behalf of the principal in his own name, but at the expense of the principal or on behalf and at the expense of the principal.
But what are the specifics of a car sale transaction based on the contract in question? What are the rules for drawing up a commission agreement for the sale of a vehicle? What documents will be required to complete the document being studied? What are the rights and obligations of the seller and the intermediary under this type of arrangement? What are the responsibilities of the parties to this contract?
Agency agreement for the sale of a car
as undoubted advantages of concluding an agreement of the type being studied:
- The seller frees himself from the need for direct interaction with the buyer by entrusting this procedure to an experienced representative;
- The commission agent is interested in ensuring that the customer’s car is sold for an amount favorable to the customer. Thus, the consignor can earn decent money from the sale of his own car;
- Responsibility for carrying out the transaction under the commission agreement falls on the contractor, so the buyer’s claims will not affect the previous owner of the car.
Vehicle characteristics: Identification number (VIN) _________________________________. Make, model of vehicle ______________________________________________. Name (vehicle type) ________________________________________. Vehicle category (A, B, C, D, trailer) _____________________________.
If the term is not specified, the contract is considered unlimited and can be terminated in the manner established by the legislator. An essential condition of the agency agreement is the indication of the subject of the agreement. In a particular case, we are talking about performing certain legal actions to provide a specific service.
The Commissioner has the right to replace the license plate frames with corporate ones, but if this replacement, for one reason or another, does not suit the Principal, he is obliged to notify the Commissioner about this in advance. 3.6. The commission agent has the right to withhold the remuneration due to him under this commission agreement from the funds received by him from the Buyer as payment for the Principal's Car. 3.7.
The rights and obligations of the parties under a commission agreement for the sale of a car are specified in clause 3 of the standard agreement of the type being studied. The responsibilities of the commission agent include:
- Independent study of the automotive market;
- Attracting buyers to the car being sold on terms favorable to the principal;
- Informing the client about the progress of work (upon request);
- Sale of a car within the period established in the regulations of the current commission agreement;
- Taking measures to ensure the safety of goods;
- Transfer of funds to the principal after the purchase and sale of a vehicle.
The car specified in clause 1.1 of the contract must be purchased at a price not exceeding _____________________. 1.3. The Commission Agent undertakes to execute the accepted order on the terms most favorable to the Principal. 1.4. Information about the car must be indicated in the form given in Appendix No. 1. 2.
A car was sold to a car dealership for trade under a contract of agency.
They have already sold the car, but they are not giving away the contract, they say the contract of assignment will be enough for both the tax and insurance authorities. What should I do? The site contains the best and new business ideas, examples of business plans with videos, complete step-by-step guides on starting a business from scratch, choosing old and new equipment, maintaining an individual entrepreneur, a catalog of franchises from representatives, sample document templates, forms and forms for 2018-2019 .
Under this Agreement, the Commission Agent undertakes to purchase, on behalf of the Principal, a car _________________________________________________________ (indicate the characteristics of the car) (hereinafter referred to as the “car”) on his own behalf, but at the expense of the Principal within _______________, and the Principal undertakes to pay the Commission Agent a remuneration for the completed order. 1.2.
The conclusion of an agency agreement does not relieve the principal from the need to draw up a power of attorney in simple written form indicating the range of powers of the attorney.
The gratuitous form arises if the payment of remuneration to the attorney is not expressly provided for in the contract. If the agreement is concluded on a paid basis, the text of the document specifies the amount that must be paid to the contractor.
Buying and selling a car: procedures and rules
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The responsibility of the parties to the transaction is determined in clause 4 of the valid commission agreement for the sale of a car. In case of failure to fulfill the provisions of the contract, the guilty party undertakes to compensate the damage to the partner as agreed. The amount of payments due in this case is indicated in the text of the document being studied in the form of an interest rate in relation to the cost of the car being sold.