Where to certify a car purchase and sale agreement

Cases in which a car purchase and sale agreement must be certified by a notary

Is it necessary to have a car purchase and sale agreement certified by a notary? When changing ownership, it is necessary to draw up a document confirming the sale of the car. Today, such a document is an agreement signed by the parties to the transaction. Many people turn to a notary the old-fashioned way, since his participation allows them to secure the transaction and draw up all the papers correctly. Moreover, previously this was a mandatory condition, and therefore if the contract was not notarized, it was considered invalid. How are things going now, is it necessary to have the purchase and sale agreement certified?

What is PrEP

The purchase and sale agreement is a standard document that is used when changing ownership and registering a car with the traffic police. In addition to the agreement itself, you must also obtain a certificate-invoice. As a rule, this document is drawn up by a lawyer who takes into account all the nuances of the transaction. Let us note that in its usual form this document does not in any way protect the interests of the parties to the agreement, but simply confirms the fact of its implementation. For this reason, in order to protect yourself from any problems, you can prepare your own version, which will provide for the conditions for the return of funds, payment of fines and other nuances that the conclusion of the contract provides for. This will allow you to resolve the conflict if problems arise.

The purchase and sale agreement must include the following items:

Date of preparation;
subject (information about the vehicle);
technical condition of the car;
car cost;
method and terms of payment;
warranty period (if provided);
time of transfer of the car to the new owner.

In addition to this information, additional terms of purchase may be specified by agreement of the parties. For example, the seller undertakes to sell additional equipment, a set of tires, etc. along with the car. It may also indicate the distribution of costs for completing the transaction.

When is it necessary to finalize a transaction?

Selling a car and concluding a sales document is a standard operation, and therefore there should be no difficulties in carrying out such a transaction. In 2019, there are many notary offices that can help with the preparation of documents. Moreover, their participation is necessary in order to do everything correctly, and the property being sold does not become a problem for the new owner. The very fact of engaging a notary to draw up documents provides certain guarantees, but his seal is not necessary.

According to the law, if the seller or buyer wants to involve a specialist and certify the agreement, then the other party to the transaction does not have the right to refuse. In this case, the payment for the notary’s services may fall on the person who requested the signed DCP to be certified by a notary.

It is imperative that the agreement be certified by a specialist even if the car is owned by several people. To re-register ownership, you will need not only the written consent of one of the owners, but also official confirmation of this. The seller of the car must have consent from the co-owner of the vehicle to transfer it to a third party, and this document must have a notary stamp. Otherwise, this can lead to problems, because if the co-owner did not know that the car would be sold, he could sue and try to regain ownership. If you are faced with a situation where a person does not have certified consent, then do not sign the purchase and sale agreement to avoid problems.

As for all other cases, there is no need to contact a notary, and the property being sold can be re-registered without his participation. To do this, you need to correctly draw up a non-certified purchase and sale agreement, which is then signed by the parties to the agreement.

Preparation of documents without a notary

As we have already managed to find out, it is possible to conclude a purchase and sale agreement without the participation of a notary. After it is signed by the parties to the transaction, it will come into effect and confirm the fact of a change of owner under certain conditions. At the same time, it must be done in accordance with all the rules, and therefore all the points described earlier must be included in it. The paper can be compiled on a computer or filled out by hand on A4 sheet.

Important! The agreement must include information about the type of transport. If this information is missing, the police officer may refuse to accept papers for vehicle registration.

Equally important is the indication of information about the car, including the number and series of the PTS, as well as other information about this document. Each participant in the transaction must sign the agreement, after which the transaction will be considered completed.

The purchase and sale agreement must be drawn up in 3 copies, and therefore it is better to make the form on the computer and print it. Filling can be done by hand. One copy each goes to the buyer, seller and traffic police officer (this is necessary for the registration procedure). After the transaction is completed, the new owner must register the car. He has 10 days to do this.

Do I need to have a sales contract certified by a notary?

Whether or not to certify the DCP with a notary

In recent years, there have been many changes in the formalities of transactions for the transfer of ownership in the form of a car between individuals. One of the most important subtleties is the correctness of the DCT and the completeness of the information specified in it. All this is checked by a notary. But is it necessary to have a car purchase and sale agreement certified by a notary for 2019?

The answer to this question depends on what you mean by the word “ obligation ”. Let's go in order!

To certify or not?

No. If we are talking about the legal obligation to notarize a purchase and sale agreement, then there is none for 2019. In the traffic police, when re-registering a car, the buyer is required to accept this document in any form: even certified, even simply printed or even handwritten.

How can you prove it?

It's quite simple. The legislation clearly regulates which transactions must be certified in this way. And these include:

any transactions with real estate that is an object of shared ownership,
marriage contracts,
annuity contracts,
wills.

The obligation to certify the DCT with a notary when selling/purchasing a car is not contained in the 2019 legislation.

Can you certify if you wish?

Can. The absence of an obligation in the Civil Code and other legal acts does not, of course, provide for a prohibition to confirm a transaction by a notary.

The answer to the question of whether or not to certify the purchase and sale of a car from a notary may have a positive answer, given the tangible benefits of this. One of the main advantages is the notary’s verification of the identities of the parties to the transaction, as well as the correctness of filling out the agreement itself. We have already provided a legally correct DCT form in a separate article.

It is better to contact a notary if the car in the transaction is quite expensive (the degree of high cost must be correlated with the risks yourself), if there are doubts about the correctness of the contract or the correctness of the transaction as such (for example, when the car is taken from a reseller, the seller is dubious appearance and the like).

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.

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.

Where to draw up a car purchase and sale agreement and what documents are required for this

Selling (buying) a car is an ordinary matter that does not cause difficulties if you know how and where to draw up a car purchase and sale agreement. Competence in this matter will help save time and nerve cells.

Actually, the DCT certifies the acquisition/sale of property rights to a car: the seller transfers, and the buyer accepts and pays the agreed amount (Civil Code Art. 454, paragraphs 2, 4).

A well-drafted and correctly executed agreement will allow you to complete a transaction within an hour or two.

Necessary documents for buying/selling a car

How is a car purchase and sale agreement drawn up? To complete a transaction and conclude an agreement, you will need a minimum of documents:

valid passports of the parties to the agreement;
general power of attorney, if the seller is not the owner;
PTS;
STS;
DCP in 3 copies and the acceptance certificate (must be filled out with the same pen).

The numbers, diagnostic card and insurance require special mention (Order of the Ministry of Internal Affairs No. 605 Administrative Regulation 2013/07/08 registration with the Ministry of Justice No. 30048 2013/27/09; Order of the Ministry of Internal Affairs No. 1001 “On the registration procedure...” 2008/24/11).

If the seller wishes to keep the license plates, then, at his request, they will be kept by the traffic police for six months and will be issued upon registration of a new car. To sell the car, he must order and obtain other registration plates. The new owner can change them later if he wishes.

The expiration of the diagnostic card will lead to complications: you will need to urgently undergo maintenance to obtain compulsory motor liability insurance and register with the traffic police. Therefore, the most reasonable thing would be to go to the station and undergo maintenance together with the former owner.

Active insurance at the time of purchase will make the fate of the new owner easier if the “former” one lists him as authorized to drive. Such an action will be in demand until a new official compulsory motor liability insurance is issued. The law allocates 10 days from the date of purchase for the purchase of a policy (Federal Law No. 40 “On MTPL” 04/25/2002 and Supreme Court Decision No. AKPI12-205 04/17/2012).

Where can I register a purchase and sale?

Three possible options for executing a transaction are supported by law and are due to the free form of drawing up the DCP and the optionality of notarization (Civil Code Art. 158, 160; Orders of the Ministry of Internal Affairs No. 605 and 1001):

independently carrying out the procedure and drawing up the contract;
at the traffic police;
legal mediation, notarial registration.

Order of the Ministry of Internal Affairs No. 1001 and Civil Code Art. 159 allow an oral form of concluding a car purchase and sale transaction.

To do this, the seller and buyer must come together to the MREO and declare their decision. In the presence of the inspector, the seller must sign the title as the former owner, hand over the keys and all documents to the buyer.

Employees themselves fill out the PTS in accordance with the requirements (Appendix No. 1 to the Order of the Ministry of Internal Affairs, the Ministry of Industry and Energy, the Ministry of Economic Development No. 496/192/134 2005/23/06) and carry out registration. In fact, in 99 cases out of 100, such actions meet fierce resistance from traffic police officers, who categorically refuse to carry out registration because:

it is impossible to report to the tax authorities on the amount of the transaction (3NDFL);
the buyer is potentially disadvantaged and powerless before the law (recourse to court is excluded) if the car turns out to be criminal.

On-site registration of car purchase and sale, cost of services

Calling a specialist to carry out the procedure and secure the transaction will help to avoid inaccuracies, take into account the details and comply with legal and insurance formalities.

The field agent will draw up and fill out the DCP, check the car for involvement in an accident, check the database for theft, scrap, credit, collateral, organize maintenance, bring compulsory insurance, and check the authenticity of the money.

The standard cost of agent services ranges from 1-2 thousand (depending on the time of day), plus the fact of departure, plus non-standard services (for example, verification of banknotes 0.1% of the amount).

The law does not require notarization of the DCT. Whether or not to involve a notary in the procedure is up to the parties to the agreement (Civil Code Art. 454; Civil Code Art. 163 clause 1).

Notary services can result in a “tidy” sum, the size of which directly depends on how the document is classified by the notary himself:

2,000 + 0.3% for a transaction up to a million (Law on Notaries Art. 22.1);
0.5-1% for transactions up to a million (TC Articles 333.24 and 333.25).

Additionally, the tariff pays for the legal and technical work of a notary.

Procedure for selling a car

At the preliminary stage, all details, conditions and amount of the transaction are verbally agreed upon.

A decision is made jointly on the method of sale/purchase (independently or through an agent).

At this stage, you can check the car for “cleanliness” at the traffic police (once a week a similar service is available at the MREO).

The following are the technical details of the transaction itself:

Drawing up and signing of the DCP in 3 copies. Participants in the transaction receive one copy each, one is intended for the traffic police.
Drawing up and signing the transfer acceptance certificate.
Filling out the PTS.
Transfer of money by one party and the car, keys, title, vehicle registration, service book and diagnostic card by the other party.
Registration of a car with the traffic police within 10 days.

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Registration of PTS when buying and selling a car

The PTS will tell you about the age, number of owners of the car and its “history”. When filling out the title when buying a car, avoid inaccuracies.

In the PTS, six columns should be filled out:

FULL NAME;
full address;
date of acquisition of property;
name of the document (purchase and sale agreement No. or b/n).
signature of the former owner;
signature of the real owner.

A stamp will only be needed if a legal entity is involved in the transaction. The remaining space is filled by the traffic inspector when registering the vehicle.

The signatures of the old and new owner must be affixed (!), the rest can be filled out in the MREO during registration. True, it is preferable for the seller that the PTS be filled out in front of his eyes when signing the DCT.

Registration of a car upon purchase and registration of the car with the traffic police by the new owner

Registration of a car after purchase comes down to 3 steps:

undergoing maintenance, if necessary (validity period of the diagnostic card);
acquisition of MTPL;
registration with the traffic police.

Registration and registration of a car (Administrative Regulations 2013/15/10) is carried out by the new owner:

submission of an application and documents (personal passport, PTS, STS, OSAGO, DKP, payment of the tax tax art. 333.33);
inspection of the car by an inspector;
obtaining new documents.

A 10-day delay in registration after purchase is punishable by a fine of 1500 to 2000 rubles of the Code of Administrative Offenses, Article 19.22. The cost of MREO services includes:

350r changes in PTS;
500 rubles issuance of a new STS;
2000 rubles for new numbers (only if they are replaced).

Sample contract

The last document essentially represents the signatures of the parties to the transaction, but in approximately 50% of cases, MREO employees insist on the Act as a separate paper.

There is no mandatory form of agreement, but it must contain information about both parties to the agreement, a full description of the wheeled vehicle, the date and place of signing the paper, and the signatures of both parties.

to the Sale and Purchase Agreement

from "___"________ ____ g.

ACT

transfer and reception of the vehicle

" "20, hereinafter referred to as the "Seller", represented by , and ________________________________________________________________ , hereinafter referred to as the "Buyer", represented by » ___________ ______ The Seller handed over, and the Buyer accepted, a technically sound car of brand ________, ______ year of manufacture, VIN ______________, body No. _____________, engine No. _________________, color ______________, vehicle passport _________________, additional equipment ____________________.

Vehicle identification numbers have been verified, the completeness of the vehicle has been checked and corresponds to the factory one.

The purchase and sale was carried out strictly in accordance with the requirements of the said vehicle purchase and sale agreement. The money was paid by the Buyer to the Seller’s cash desk in full upon conclusion of the said Agreement. The Buyer has no claims against the Seller, including property ones.

Dear readers, the information in the article may be out of date, take advantage of a free consultation by calling: Moscow +7 (499) 288-73-46 , St. Petersburg +7 (812) 317-70-86 .