Where to get a car purchase and sale agreement
What document is used to purchase and sell?
The purchase and sale of a car is carried out not by agreement, but on the basis of a specific document - a car purchase and sale agreement. This document is a clear confirmation of the transfer of ownership of the car from the owner to the buyer. The contract specifies the amount of money that the buyer undertakes to pay. The 2017 car purchase and sale agreement is valid without notarization.
Where can I get the required form?
You can download a sample form on our website. There can be many options for the form, since it is possible to change the form to suit a specific situation. Forms in Word can be selected for a specific vehicle or for a specific status of buyer and seller. Sales and purchase agreement forms for different cars can be filled out electronically or manually.
Our website constantly updates the information on it and now you can view the 2017 form here and download it in various formats, including word. You can make the necessary changes to the downloaded form for your case. To sign the document, you will need to print it. The signature on the document is placed only after the transaction has been completed and the keys to the car and the amount of money for the car have been handed over.
Confirmation of payment is a receipt for the transfer of funds, which must indicate the exact amount of money in figures and words, the goods purchased under such and such an agreement, etc. If necessary, additional equipment is also indicated here, the cost of which should have been taken into account in the document on sale.
Contents of the agreement
Each contract template can be changed independently by indicating the desired vehicle, which can be not only a car, but also a trailer, motorcycle, tractor, motor boat, or ATV. It is filled out in triplicate.
The purchase information must fully describe the purchase, including its color, power, size and other characteristics. The cost of the purchased product should also be indicated here.
Required documents
According to the agreement, the fact of transfer of the car from the seller to the buyer is carried out on the basis of an acceptance and transfer certificate.
To conclude a contract you will need the following documents:
- passports of both parties to the transaction;
- PTS;
- if necessary, a power of attorney.
After purchasing both a new car and a used car, its registration is required. They are registered with the MREO in the presence of the owner of the vehicle. Pre-registration of the application on the government services website will reduce the registration procedure to 30 minutes.
Memo to the seller
The seller needs to know that after selling a vehicle that has not been deregistered, it is necessary to visit the MREO after 10 days and check the registration for the car he sold. It is within this period that the new car owner is required to register his purchase. If you are still the owner of this vehicle, then you have the power to change this. To do this, you will need a passport and a document confirming the sale.
How to register the purchase and sale of a car: legal advice
Current legislation does not require deregistration of a car in order to sell it. It goes to a new owner with the same license plates. After the transaction, the buyer only makes changes to the registration data at any (regardless of place of registration) traffic police department and receives new documents.
The algorithm is as follows. You find a buyer. Agree on a price. You draw up a purchase and sale agreement (it can be downloaded from the Internet), fill out a special column in the vehicle passport (PTS), receive money, transfer the car and keys to the new owner, sign the acceptance certificate. That's it, the deal is done.
It is enough to conclude it in simple written form. No need to contact intermediaries - just spend the money. There is no need to register the document with a notary.
The contract must contain the following information: date and place of conclusion, full names of the seller and buyer, their passport details. In addition, you need to provide information that allows you to identify the car - VIN code, name (as in STS and PTS), color, year of manufacture - and also refer to registration documents (registration certificate) and PTS. Write that the buyer is satisfied with the technical condition of the car and indicate its cost.
The agreement is drawn up in three copies (for the seller, the buyer and the traffic police), each signed by both parties. Just first make sure that there is free space in the PTS where information about the future owner of the car is entered - if the document is completely filled out, go to the traffic police for a new one.
Car passport
In the PTS you need to fill out the column about the owner. This is the data of the new owner (buyer) - full name, address (as in the passport). Write down the date of sale - the same as in the contract. In the “Document of ownership” column, indicate the purchase and sale agreement you have drawn up dated such and such a date. Afterwards, the seller and buyer each sign in their place.
If you are not the owner of the car, then attach to the contract a certified copy of the notarized power of attorney, which states the right to sell the car on behalf of the owner.
If the seller is an organization, you will need to put a stamp on the contract and indicate all the details of the legal entity.
The contract has been signed, the vehicle title has been completed. The buyer hands over the money, and the seller hands over the car keys. This should be recorded in the transfer and acceptance certificate, where each party confirms receipt of the money and the car, respectively.
To protect yourself from counterfeit bills, arrange with the buyer to deposit money onto your card through an ATM. Or go to the bank where you have an account.
This concludes the deal for the seller.
New owner
The new owner is required to provide his information to the traffic police and receive a new registration certificate. But before that you need to buy an MTPL policy. A compulsory insurance contract can only be concluded if the seller has handed over a valid diagnostic card along with the car. Otherwise you will have to undergo a technical inspection. The new owner has ten days from the date of purchase for everything - during this period the traffic police has no right to punish with a fine for the lack of an MTPL policy.
To obtain a new registration certificate and a mark in the PTS, the buyer needs to submit to the traffic police a sales contract filled out with the PTS, an old registration certificate, his passport, an MTPL policy and a receipt for payment of the state duty (850 rubles for a passenger car).
As an exception
If the seller wants to keep the registration plates, he will have to contact the traffic police and hand over the plates before concluding the contract. They will be stored for six months - during this time you need to buy another car.
If you fail to meet the deadline, new numbers will be issued.
How to register a car sale
A car cannot simply be transferred from person to person; the transaction must be documented. At the same time, everything here is not as complicated as with real estate, and there is no need to collect a large number of papers from different registries and services.
We will tell you how to arrange the sale of a car second-hand and not make any mistakes.
Content
Where to register a car sale
There are no strict regulations regarding where to conduct a transaction. The DCP is simple to draw up; it does not require special legal education or extensive knowledge.
There are three ways to complete a deal:
- Independent registration - in this case, signing can be done “on the hood” anywhere;
- Specialized company - there are companies that are ready to draw up a car sale agreement for you. Convenient for those who do not want to bother and waste their time studying the issue;
- Directly to the traffic police - vehicles are registered and registered here, so registration and signing on the spot will reduce transport costs and facilitate the sales process.
Speaking of the third point, you, as a seller, can be sure that the car is deregistered with the traffic police and registered with the new owner. We have already written about the importance of deregistration and registration.
How to draw up a car purchase and sale agreement
When drawing up and registering a policy, there are some nuances that it is better to know about in advance, so that you don’t have to correct anything later.
- The contract is drawn up in three copies: for the seller, the buyer and the traffic police;
- The agreement must be completed entirely by hand or completely typed. It is better to write with a blue pen;
- Complete information is required in each column of the contract, do not use abbreviations;
- Entries are made from the beginning of the column so that no one will add anything there later. Leave a dash in empty columns;
- Do not allow corrections or blots.
An important detail: to register the purchase/sale of a car, the services of a notary are not required. In other words, according to the law, the DCT does not require notarization.
How to register the sale of a car between individuals
You can properly register the sale of a car if you have the necessary documents. Some - only on one side of the transaction, some - on both sides. For example, each participant in the transaction provides a passport; documents for the car are obviously required from the seller of the car. It is also taken into account that it is not the owner who can sell the car. The following documents are required for the transaction:
- General passport;
- PTS from the seller;
- Certificate of registration from the seller;
- A power of attorney to carry out a transaction in the event that the car is not being sold by its owner.
The list is relevant for a transaction between individuals, however, when selling a car by a company, the only difference will be the power of attorney, under which a representative of the company sells the vehicle, the rest of the package remains unchanged.
How to sell a car to a legal entity
Selling a car to a legal entity is somewhat different from selling it to an individual. The execution of such a transaction is carried out in several ways, only one of which is the signing of a purchase and sale agreement. Sometimes organizations use another purchase instrument, and the transaction can be completed as follows:
- According to the purchase and sale agreement;
- Purchase under a procurement act;
- According to the procurement act and the DCP.
The peculiarity is that in the third case the main document is the procurement act. The reason is that the monetary policy is not reflected in the document flow of the enterprise.
The previously mentioned authorized representative of the organization signs the documents. When selling a car, you can ask the person for a copy of the power of attorney from the company, and in this case the document must be notarized.
The authorized person must have a passport, as in the situation if you needed to sell a car to a private person. A power of attorney is not required if the buyer is the general manager of the company. Another feature is the need to obtain consent for the sale from the spouse of the car seller. Such permission is not required to sell a car to an individual.
How can an organization sell a car to an individual?
Sale “in the opposite direction”, from a legal entity to an individual, occurs according to slightly different rules. The first key difference is that instead of the full name of the individual owner, the name of the company will be indicated, along with the seal and signature of a trusted employee.
When drawing up the contract, information about the selling organization is indicated:
- Company name;
- company tax identification number;
- Legal address;
- Passport details of the authorized employee
An authorized employee of a legal entity must have a power of attorney, notarized - the buyer may require it to be presented at any time during the transaction.
Registration and registration of a car occurs in the same way as when selling an individual to a private person. Some differences will be related to the taxation of legal entities and document flow within the company; for this, there is a procurement act mentioned in the previous section of the material.
Thanks to this material, you not only learned how to properly sell a car second-hand, but also became familiar with the intricacies of completing transactions. To make the process of finding a buyer easier, use the Autocode car history check service and attach the results of the check to the advertisement for sale.
The service checks the car using more than 12 sources. The data obtained will allow an interested buyer to find out all the necessary information about your car without dialing or meticulous questions, which will make it easier and faster to sell the car.
And by using an on-site inspection, you will receive a full expert opinion right at the point of sale and convince the buyer of your honesty and the serviceability of the car.
The cost of all inspection services can be included in the price of the vehicle.
Where to get a car purchase and sale agreement
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
How to draw up a car purchase and sale agreement
If a car changes ownership, this must be registered by law. The only way to do this is to enter into a purchase and sale agreement, in which the seller receives the money and the buyer receives the car. After this, the buyer independently goes to the traffic police to register the car. This is impossible without a purchase and sale agreement.
The purchase and sale agreement protects the interests of the seller and buyer of the car. If it is drafted correctly, in many cases you can avoid loss of money and litigation.
What will you learn
And here is the contract form itself
It can be filled out on a computer and printed in triplicate, or you can simply print out a blank template and fill it out by hand.
What the law says
The law does not have clear requirements for a car purchase and sale agreement; it must simply comply with the requirements of the civil code. The contract must contain information about the obligation to transfer the car from one owner to another, and the transaction amount must be indicated.
It is not necessary to have the contract certified by a notary, but if the seller or buyer wants to have it certified, this is not prohibited. You can also ask a lawyer to draw up an agreement, but you will have to pay for all these services.
General rules for drawing up a contract
The agreement must be drawn up in three copies. One remains with the seller, the other two will be taken by the buyer. The buyer will give one of them to the traffic police officers when registering the car.
The agreement can be written by hand or printed. It is better to fill out the agreement with one hand: if one of the parties has claims in the future, such an agreement will be more difficult to challenge.
What documents will be needed for registration?
You will need the buyer's and seller's passports, registration certificate and vehicle registration certificate. It is necessary.
An MTPL policy and a valid diagnostic card are not required when concluding a purchase and sale agreement, but the buyer will have to arrange them independently. The MTPL policy issued to the new owner will be needed by the traffic police to register the car. It is not necessary to provide a paper version of the policy: the traffic police officer will independently check its availability.
The seller can contact his insurance company and cancel the insurance contract in connection with the sale of the car. In this case, he will be refunded the money for the period when he was not the owner of the vehicle.
Most often, the car is sold with state license plates, but you can do without them. This is possible if you purchase a new car at a car dealership or a car that the seller has already deregistered. In this case, data on state license plates is not included in the purchase and sale agreement.
Where and how can you draw up a car purchase and sale agreement?
The presence of third parties when drawing up an agreement is not necessary. The personal participation of the seller and buyer is sufficient.
Notarization of such agreements is not required. But if one of the parties decides to have the car purchase and sale agreement certified by a notary, the other party to the transaction has no right to refuse. True, certification of the contract by a notary will not be an absolute guarantee for the parties to the transaction.
There are also situations when the vehicle is joint property purchased after marriage, or has several owners. In this case, the participation of the second spouse or all owners is necessary. Otherwise, the purchase and sale agreement can be challenged.
In the case of spouses, the family code assumes that the sale of property by one of the spouses occurs with the consent of the second, but at the same time reserves the right for the second spouse to challenge the transaction. So it's better to be safe. The notarized consent of the second spouse is not required: a receipt on the back of the sales contract stating that the second spouse is not against selling the car will be sufficient.
You can write the receipt in your own words, there is no special form
Design features and special cases
If you buy a new car at a car dealership. Typically, the contract on behalf of the car dealership is signed not by the owner of the car, but by an employee of the car dealership. The buyer needs to clarify in advance whether the seller has a power of attorney to sign contracts, and require a copy of it to be attached to the purchase and sale agreement.
It is also worth paying attention to the validity period of such a power of attorney. If the period has expired, the contract can be challenged.
The signature of the company representative must be certified by a seal.
In this case, in the “seller” column, indicate the details of the legal entity that sold the car and the representative authorized to enter into a purchase and sale agreement.
If the car is sold in installments. Installment payments when purchasing a car are acceptable. In this case, the purchase and sale agreement indicates that the cost of the vehicle has not been paid in full, and specifies the payment procedure, repayment terms and the amount of the monthly payment.
Also, the contract should include a provision that the seller can withdraw from the contract and demand the return of the vehicle if the buyer does not pay within the period specified in the contract. But if the amount of payments received from the buyer exceeds half the price of the goods, it is no longer possible to demand the return of the car - you will have to seek completion of payments through the court.
If you sell a car that was inherited. If the heir does not want to register the car in his name with the traffic police, but wants to sell it immediately, he can do so. But for this you will need to obtain a certificate of inheritance from a notary.
Is it possible to sell a car by proxy?
Several years ago, when the purchase and sale procedure was more complicated, selling a car under a general power of attorney was popular - when, instead of a purchase and sale agreement, the seller simply issued a general power of attorney to the buyer.
Today there are no visible advantages to such a sales scheme. For both the seller and the buyer, selling by proxy carries more risks. The seller remains the actual owner of the car and bears all responsibilities for paying fines and taxes, and the buyer does not acquire ownership rights.
Powers of attorney are often used in dubious transactions with vehicles - for example, if the license plate on the body shows signs of changes and it is difficult to register the car with the traffic police.
Errors when filling out a purchase and sale agreement
In a contract, every word and every line matters. Therefore, filling it out must be taken very seriously. Any inaccuracy can lead to loss of money or car.
If traffic police officers notice inaccuracies, discrepancies between the data in the contract and the documents, discrepancies in signatures, amendments and blots, then they have the right to refuse registration. To find the previous owner and rewrite the contract, you will have to spend time, nerves, and sometimes money.
Read first, then sign
To avoid this, you need to follow the following rules:
- The seller and buyer must check each other's passports. If the seller arrives with a contract in which passport data has already been entered, ask him for a passport and make sure that he is the owner of the car. If the seller says that he is selling the car of a friend, wife, brother, but the owner himself cannot come, ask for a power of attorney for the right to sell.
- Check the data in the car documents with the actual data. Check the body numbers and VIN numbers in the documents with those printed on the body. If the numbers do not match, it is better to refuse the deal.
- All fields on the contract form must be filled in. Even if the car does not have license plates or a VIN number, you must write “absent” in the appropriate field.
- The contract must indicate the date on which the contract was concluded. It is from this date that the former owner is no longer required to pay fines and taxes. An agreement without a date is invalid.
- The cost of a car is always written in numbers and words. If you write the cost only in numbers or not write it at all, in case of a dispute, discrepancies may arise.
- All numbers and letters must be legible.