General power of attorney for a car with the right to sell

A car has long ceased to be an element of luxury and has become a necessary means of transportation. Therefore, almost every one of us sooner or later passes our license and gets behind the wheel of our own car. But is everyone the owner of the car they drive? Here the question arises: how to legally secure the right to use a non-owner’s car? In this article we will answer the questions - why do you need a document for a car with the right to sell, how much does a general power of attorney cost from a notary, how to issue a general power of attorney for a car, the 2018 form can be downloaded in the article.

General power of attorney for a car with the right to sell

A power of attorney is the authority of one person to another person to perform certain actions. In this case there are 2 sides:

1. Principal (a person who directly transfers certain powers).

2. Attorney (a person who is vested with certain powers).

Power of attorney can be of the following types:

Limited (to perform certain actions).
General power of attorney for a car with the right to sell (not limited in powers).

To answer this question, the first thing you need to decide is whether you want to sell your car personally or whether a third party will do it. Is a document always needed when selling a car? No, authorization to sell is only needed if a third party (not the owner of the car) is involved in this.

What are the advantages of a general power of attorney?

It provides the attorney with absolutely all powers related to the property (in our case, a car). These powers include:

Dispose of the property as it deems necessary (sell, exchange, donate, pledge it or rent it out.
Independently undergo technical inspection and take actions aimed at maintaining satisfactory operational characteristics of the property.
Represent the interests of the vehicle owner in municipal and state authorities (traffic police, court).
Take out a compulsory motor liability insurance policy and so on.

Thus, the document gives the attorney the right to own, use and dispose of the car in full.

Issue a general power of attorney for the buyer or conclude a purchase and sale agreement

In practice, this issue is quite relevant and the parties are always in a situation where they need to choose between saving time (executing a power of attorney for the buyer) or choosing a guarantee and quality of the transaction (signing a purchase and sale agreement).

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What are the dangers of selling a car under a general power of attorney?

You need to know that the document has such a feature as the ability of the principal to revoke it before its expiration.

Let's consider the situation: you decided to purchase a car from a citizen - Ivan Ivanov, you agreed on the terms of the price, decided on the terms, drew up and certified the document for the car in a notary's office, gave him the agreed upon money for the goods, and started using the car. However, a year later, when you decided to resell the car, it turns out that you no longer have the authority to dispose of this car (including to sell), since this power of attorney was revoked from you by the principal and you were not aware of this.

Such situations are not favorable and contain the lion's share of risk for the attorney. In this case, it is the buyer who is in an extremely disadvantageous situation. However, for the seller, general satisfaction is also not beneficial in this situation. After all, the obligation to pay tax on this car and, say, fines for violating traffic rules rests solely with the owner (seller).

Therefore, if your task is to sell a car without risk, then we advise you to opt for a standard purchase and sale agreement between the seller and the buyer, which will not create any hassle for you in the future.

General power of attorney for a car, 2019 form

Consequences and risks associated with issuing a power of attorney for a car with the right to sell

When drawing up a document, be very careful about what powers you give to the trustee. Because you should grant such authority as the right to sell your property only to those whom you can really trust.

What are the disadvantages of a general power of attorney?

The consequences if a trusted person has such a right in a document can be the most unfavorable for you - your car will be sold to a third party, and you will not even be aware of it.

How to issue a general power of attorney for a car

The document for the car must be drawn up strictly in writing and must be certified by a notary office. You can come to the notary with your previously prepared power of attorney (in which you indicate the powers that you want to transfer to the principal). The notary will read it, correct it and transfer it to an official certified form, which will already have legal force.

How long does it take to register with a notary?

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Such documents are drawn up by a notary instantly and you do not need to wait for time for its preparation. On average it takes from 1 to 3 hours.

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How much does a general power of attorney cost from a notary?

Each notary office has its own cost of services (from 400 rubles for one document), so the cost should be found out either on the spot or by calling in advance.

In order not to pay for the service of drawing up a form (from 800 rubles for an individual), you can come to the office with a ready-made form, if it is compiled incorrectly.

The form you bring with you will not be proofread; it is assumed that the compiler himself is responsible for its accuracy.

Additionally, it is recommended to read: how a car is checked for prohibited registration actions.

For how long can a power of attorney be issued?

Usually (this is an established practice) this document has a one-year period (if it is not specified at all!), but, if desired, it can be shortened (instead of 1 year, issued for six months, or three, or even one), or increased, - up to a maximum of 3 years.

You also need to know that the document may terminate its validity early. Such situations include:

Death of the trustee, or death of the principal.
The principal revoked the power of attorney, and the authorized person renounces the powers granted to him.
One of the parties was declared missing or incompetent by the court.

The above information allows us to make an unambiguous conclusion that in the case of selling a car, it is much safer for both parties to enter into a purchase and sale agreement and not take risks in order to save time.

General power of attorney for a car

Good afternoon, dear reader.

This article will talk about a general power of attorney for a car and the situations in which it can be useful. In addition, the pros and cons of using a general power of attorney will be discussed. I would like to remind you that in order to allow your relative or just a good friend to drive your own car, an ordinary power of attorney to drive a car, which was discussed in detail in the corresponding article, is also suitable.

So, the main difference between a general power of attorney and a regular power of attorney is that it provides broader opportunities. Typically, a list of these possibilities is indicated in the text of the general power of attorney itself. First of all, such a power of attorney makes it possible to sell a car. In this case, it is not even necessary to notify the principal (the person who issued the power of attorney) about the transaction.

Registration of a general power of attorney for a car

Many drivers do not have the slightest idea how to issue a general power of attorney, so we will consider this procedure in detail.

First of all, it should be mentioned that a general power of attorney is issued by a notary. Several of its disadvantages immediately follow from this:

registration is paid, because the notary requires a fee for his own services;
The registration process is slower than when issuing a regular power of attorney, because firstly, you need to go to the notary, and secondly, there may be a long queue at the notary.

I note that a power of attorney is a one-sided transaction, i.e. Only the principal (in this case, the owner of the car) should go to the notary.

Usually the notary has a general power of attorney form, but just in case, I will provide it at the end of this article. I would like to note that if you decide to fill out the power of attorney yourself, then under no circumstances put your own signature and date. This can only be done in the presence of a notary.

Duration of the general power of attorney

The validity period of a general power of attorney is similar to the validity period of a regular power of attorney. The default is one year . The maximum term of a power of attorney is currently unlimited.

If the power of attorney is issued for a period other than 1 year, then this period must be indicated directly in the text of the power of attorney. Please note that if the power of attorney does not indicate the date of its preparation, then it is void, i.e. invalid (Article 186 of the Civil Code). I am sure that a notary will not certify a document that does not indicate the date of preparation, so you are reliably insured against such an error.

Selling a car by general power of attorney

Selling a car under a general power of attorney is the main operation for which such a power of attorney is used. Previously, it was the use of a general power of attorney that made it possible to sell a car at the lowest cost for the seller. However, after the possibility of selling a car without first deregistering it was introduced in Russia, the use of a standard purchase and sale agreement became, perhaps, the most acceptable from all points of view.

However, since sales under a general power of attorney are still used from time to time, I will tell you about the advantages and disadvantages of this procedure. Actually, we will talk exclusively about the shortcomings, because... Previously, the only advantage was the fast and inexpensive execution of the transaction (nowadays it is much more convenient to use a car purchase and sale agreement).

Disadvantages for the buyer:

The seller can revoke the general power of attorney at any time, i.e. the buyer will be left without money and without a car;
Previously, it was under a general power of attorney that cars of dubious origin (credit, stolen, etc.) were sold. Now a similar opportunity exists during the regular sale of a car without deregistering it.
If the seller dies, the power of attorney is automatically revoked and ownership passes to his heirs.
If the buyer dies, the power of attorney is also revoked, and ownership of the car remains with the seller.

Disadvantages for the seller

The car remains the property of the seller until the buyer registers it in his own name. Those. Along with the right of ownership, the obligation to pay transport tax remains.
In case of violation of traffic rules by the new owner, for example, speeding, recorded automatically, fines will be sent to the seller of the car. The same applies to a situation in which the new owner flees the scene of an accident. In this case, first of all, law enforcement officers will come to the owner of the car, i.e. to the seller.

Currently, I see no objective reasons why a general power of attorney should be used. However, if you know such reasons, be sure to write about them on the PDDCLUB.RU forum. After that, your reasons will most likely be transferred to this article.

General power of attorney form for a car

At the end of this article, I provide a form that can be used to issue a general power of attorney:

To enlarge an image, simply click on it. You can also download the general power of attorney form as a pdf file.

How to buy a car using a general power of attorney

In this material we will tell you how to issue a general power of attorney for a car, what documents are needed for this, and give an example of how to fill it out.

Content

How to issue a general power of attorney for a car

Buying a car by proxy is easy. In fact, it replaces the purchase and sale agreement. The seller and buyer do not waste time on drawing up an agreement and re-registering registration documents with the traffic police.

Registration of a general power of attorney for a car requires careful filling of all data. You can buy a car using such a document if it is certified by a notary. You can draw it up yourself and bring it in finished form to the notary’s office for signature. If you order registration from a notary, then he has a ready-made form. For a fee, the document will be prepared for you.

The validity period of such a power of attorney is a maximum of 3 years; this clause must be written down. If there is no exact indication of the period, then, as a rule, it is equal to 1 year. The downside for the buyer is that the seller can revoke the power of attorney at any time, leaving the first one with nothing. After three years, it is necessary to conclude a purchase and sale agreement and issue a new power of attorney.

Important! Indicate the date of signing of the power of attorney or the expiration date. Without these clarifications, the document is considered invalid.

List of data required to be indicated in the document:

date (for example, November fifth two thousand and seventeen) and place of the transaction in words;
about the principal: full name, date of birth, passport details, including registration and place of residence;
about the representative: full name, date of birth, passport details, including registration and place of residence;
about the vehicle: license plate number, make, model, year of manufacture, registration certificate data, VIN;
powers (dispose of and manage, perform all operations in the traffic police, represent interests in court, etc., repair cars, issue compulsory motor liability insurance and other types of insurance).

For those who are planning to prepare the documents themselves, we provide a clear example.

Sample power of attorney for the purchase of a car

We offer to download a sample general power of attorney. You can fill it out printed or write it by hand. The execution of the document is not strictly fixed by law, but requires the indication of all the data listed above.

Before submitting your copy, please look at the completed completed sample. Before sending to a lawyer, check your version with the prepared form. Just in case, take a blank sample and a sheet of paper with you so you can correct mistakes on the spot.

Documents for registration of a general power of attorney for a car

To have a document certified by a notary, the presence of both parties is not necessary, only the principal is needed. The latter must have everything necessary with him, including a photocopy of the buyer’s (trusted person’s) passport.

What you need to take to the notary office:

passport of the car owner;
passport (or copy) of the trusted person;
vehicle registration certificate;
car passport;
money to pay for a lawyer.

The cost of certification is from 400 rubles.

What to do before completing your purchase

First of all, it is necessary to obtain and check all points of the general power of attorney, certified by a notary.

3 main points to check:

date and term of the power of attorney;
prescribed powers: to deregister and register with the traffic police, to obtain compulsory motor liability insurance;
indication of all details of the car and participants in the transaction without errors.

Important! Protect yourself from scammers. Before you buy a car, check it using the Autocode online service. Thanks to this, you can find out the full history of the car: PTS data, actual mileage, presence of traffic police restrictions, compulsory motor insurance data, customs history, history of fines and much more. The cost of one report is 349 rubles. The check takes place from more than 12 sources: traffic police, EAISTO, RSA, Federal Tax Service, Federal Customs Service, taxi registry, banks, etc.

The owner must also provide the principal with:

all documents for the car: PTS, registration tool;
two sets of keys: main and spare;
technical card for the car or inspection certificate.

Registering a car with the traffic police

The next step is to register the car in your name, which must also be completed within 10 days.

There are two possible options for registering documents in your name:

Together with the owner, visit the traffic police department and register the car in the name of the principal under a general power of attorney. To do this, you need to write an application for the removal and registration of the car under a general power of attorney in connection with a change of owner. Then everything is standard: technical inspection, state duty and receipt of documents with amendments.

If the owner does not want to take part in the re-registration procedure, then you can sell the car to a trusted friend or relative (you can do this with a general power of attorney). And then “buy” the car back.

For both options, bring with you:

original general power of attorney;
PTS;
vehicle registration certificate;
maintenance ticket;
passports of the principal and owner or “temporary” owner;
auto insurance policy.

Important! After registration, do not forget to make changes to your MTPL policy.

If you do not re-register the car, you can safely drive it, but the previous owner of the car will be considered the owner. In this case, there are certain risks. Read about the dangers of buying a car under a general power of attorney in a separate article.

Selling a car by proxy

The noticeably increased number of cars makes it possible to carry out the sales procedure using a simplified scheme. In order for a car owner to sell a car without fear through an intermediary, changes in the legislative framework should be taken into account. Taking into account the amendments, a power of attorney and a purchase and sale agreement are drawn up.

The owner of the car has the right to dispose of the property at his own discretion. Rent and leasing, gift and will, exchange and transfer for free use are allowed.

The document can be prepared in any form with the inclusion of mandatory items:

When preparing a power of attorney, a handwritten or electronic form is used. Print out two copies to give one to the buyer along with the contract.

Is it possible to sell

The practice of issuing a power of attorney for a car helps to transfer rights to a car without delay.

The authorized representative is allowed:

to drive a car;
carry out various actions;
deal with sales and contract negotiations.

The risks increase and the power of attorney prepared by the gene is certified at the notary's office. A sample form with the required sections is used, otherwise the car will actually remain the property of the previous owner. The established restriction will not allow sales.

Lack of notarization makes the transaction illegal. The potential seller provides a minimum package of documents. Losing the vehicle's passport won't hurt, just notify the traffic police.

During the sale process, the car will be registered to the old owner. The seller and buyer enter into an agreement to sell and buy a car.

Pros and cons of buying a car this way

A power of attorney with the right to sell was successful up to a certain point, but changes in the legislative framework made adjustments and reduced the number of such transactions:

The upcoming purchase of transport comes with advantages and disadvantages. It would not hurt the parties to study the pitfalls that affect the transaction without the owner of the car.

For the buyer

Initially, you should study the disadvantages of the upcoming purchase of vehicles.

The buyer must consider the possible consequences:

Transferring the car after payment of funds does not mean a simultaneous transfer of rights. The former owner can revoke the power of attorney or write a report of theft to return the car.
The death of the car owner raises disputes over payment, despite the transfer of the designated amount. Property passes to heirs who do not want to sell the car.
The car is sold twice or three times due to the desire to illegally enrich oneself.
Theft or collateral in a credit institution cannot be ruled out. Bailiffs take the car after a court decision is made.
The power of attorney was revoked without explanation.

Situations like this will force you to defend your rights in court. The chance of winning the case is small and often leads to material losses.

Power of attorney form for disposal of a vehicle with the right to sell

For the seller

It is impossible to speak unequivocally about the benefits for the seller.

Negative points include:

Assignment of full responsibility for the vehicle;
payment of penalties and taxes;
compensation for damage after theft or accident;
impossibility of selling a car to yourself without involving a third party and proxy.

Drawing up a purchase and sale agreement

The upcoming sale will require preparation. The process takes place in several important stages:

The notary's office determines the seller's authority to issue a general power of attorney.
A search for a buyer is underway. Place advertisements on the Internet and in print. The sticker with the phone is fixed on the car.
Negotiations are held with the interested party to sign a written agreement that suits the parties.
They undergo insurance and technical inspection procedures.
The established state duty is paid.

Participants in the transaction should pay attention to the sections of the agreement.

The lack of complete information will complicate the assertion of rights during the trial:

Copy information from the passports of the seller, buyer and owner of the car.
Indicate the details of the certified power of attorney.
Describe the car in detail (year of manufacture, make, model, engine numbering).
The selling price agreed upon by both parties is communicated.
The responsibilities and rights of participants and the degree of responsibility are clarified.
Include additional conditions affecting the transfer of money, things and documentation.

You should add the following data to it:

from passports;
about the vehicle;
about the transfer of certain items.

Report any identified deficiencies or absence of complaints. Signing the deed will allow you to transfer the car.

Sample of filling out a car purchase and sale agreement

What documents are needed

Drawing up a power of attorney, agreement and deed is not complete without title documentation. The following will be able to confirm the information provided in the forms:

passports of interested parties (car owner, seller and buyer);
certificate of registration and registration;
technical passport (PTS);
insurance policy (MTPL, CASCO).

After certification by a notary, the received general power of attorney is used. You need to make sure that the owner has transferred the right to sell.

How to deregister such a car

Specific factors contribute to the speedy deregistration of a car.

The owner is responsible for:

an accident that occurred, especially with serious consequences;
late payment of taxes;
failure to pay issued fines;
payment of half the cost of the car in case of divorce.

The former car owner will have to take the initiative.

There are three options for the development of events:

Registration of a general power of attorney for a car with the right to sell

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The main purpose of issuing a power of attorney for a car is to give the driver the right to drive a car registered to another person . However, the presence of the prefix “general” to the main term means that this document allows more than just the opportunity to get behind the wheel of someone else’s vehicle, i.e. the owner of the document has a greater scope of rights and powers compared to a regular power of attorney.

Thanks to this material, you will learn what a general power of attorney provides in addition to the right to manage. Here you will also be able to familiarize yourself with the price range for a lawyer’s services, download a document form that will need to be filled out and then certified by a notary. The article provides a list of required documents and indicates the validity period of this document.

Selling a car by proxy

In some situations, completing transactions without the presence of the vehicle owner is necessary. For example, if the owner of the car is absent, there are health problems, or the vehicle is in shared ownership. Here, a power of attorney is issued to a trusted person, who is the representative of the owner and performs all actions on his behalf.

For some vehicle owners, it is important to know whether it is possible to sell a car under a general power of attorney, in order, as in previous years, to avoid legal red tape and save oneself from the routine steps of completing the transaction:

signing a purchase and sale agreement;
deregistration of a car;
visits to the traffic police MREO .

This possibility still exists, but it has lost its relevance. This procedure was in demand during times of huge queues at registration authorities. Registration of a general power of attorney made it possible to quickly complete a transaction and transfer all organizational processes to the buyer .

Today, all the main difficulties in purchasing and selling a car have been removed, namely:

The seller does not have to visit the MREO.
There are practically no queues at the traffic police station. According to the Administrative Regulations governing the procedure for registering a car, the waiting time for registration should not exceed 10 minutes.
The car owner can choose a convenient time for visiting by phone or via the Internet and register without waiting or queuing, arriving at the time according to the appointment.
You can register a car at any Russian traffic police department that provides such services. It is not necessary to visit the department where the car is registered.

To complete the transaction, the parties only need to fill out the contract and hand over the vehicle . Selling a car using a written contract is now even easier than issuing a power of attorney. There is no need to go to a notary and incur additional costs. Therefore, the once popular workarounds are no longer in demand. Today, a general power of attorney is mainly used for its original purpose, when you need to sell a car without an owner .

You can issue a document to the buyer if the new owner is not able to register the car within the time limits established by law. For example, when selling a damaged vehicle, the car will not pass inspection, and the driver will not receive a compulsory motor liability insurance policy. Without insurance, a vehicle will not be registered with the traffic police. Since the seller is interested in selling the car, he may go against the standard procedure and, by issuing a general power of attorney, give the buyer additional time to restore the car.

Pros and cons for the seller

With the introduction of new rules for vehicle registration in 2013, all the advantages of selling a car under a general power of attorney for the seller virtually disappeared. But the number of shortcomings has increased:

Drawing up a document takes more time and costs more than drawing up a car purchase and sale agreement;
The tax office calculates transport tax based on data provided by the road inspectorate. The car transferred to the buyer by proxy is registered with the old owner, and he is the payer of transport tax;
Fines for traffic violations identified using video recording equipment are sent to the owner of the car to whom the vehicle is registered;
If the driver flees the scene of the accident, responsibility for the traffic accident will be assigned to the car owner , who is listed in the traffic police database.

In a purchase and sale transaction, the previous owner of the car can prove his innocence by deregistering the car and providing a written document. Transferring a vehicle by power of attorney does not provide such an opportunity. The former car owner is liable even after deregistration of the car.

Another option, revoking the power of attorney and declaring the car stolen, has a number of disadvantages. The first drawback is possible disputes with the buyer . The second is the additional cost of money and time for visiting a notary , because according to clause 2 of Art. 188 Civil Code of the Russian Federation :

...cancellation of a power of attorney is made in the same form in which the power of attorney was issued, or in a notarized form...

Pros and cons for the buyer

If we talk about the pros and cons of buying a car by proxy for the new owner, the consequences of the negative aspects cancel out the possible advantages. The main disadvantage is that the buyer does not have ownership of the car . The power of attorney can be revoked at any time.

And even with the good faith participation of both parties, the document becomes invalid after the death of the seller or buyer. Therefore, the best option for the new owner would be to register ownership of the vehicle in a short time.

Cost of a general power of attorney for a car from a notary

The cost of a general power of attorney for a car consists of two components - the cost of drawing up the document and the state fee paid to the notary. A notary office can draw up a document for the owner of a car and have it certified. The specialist will quickly and without errors draw up a general power of attorney according to the developed model, taking into account current legislation.

Notary fees for legal and technical work are quite high; they usually exceed the cost of drawing up the paper by a lawyer, and are not comparable to writing a power of attorney yourself. Therefore, it is more profitable to only certify a document in a notary office , and draw up the paper elsewhere. But the choice remains with the client.

Notary prices for a general power of attorney vary depending on the type of service:

certification of a document drawn up by the car owner himself - 400-500 rubles ;
drawing up a general power of attorney and its certification for citizens - 800-1000 rubles. (with certification from 1200 rubles) ;
procedure for obtaining a document from a legal entity - 1200-1500 rubles. (with certification from 1600 rubles) .

The cost may be increased if the text of the document or the process itself differs from the standard.

What documents are needed

In order to make a general power of attorney correctly, the text of the document must clearly identify the principal, the authorized person, and the vehicle. For unconditional identification of citizens the following is entered:

FULL NAME.;
passport details;
location.

All information is indicated in the passports of the parties to the transaction. Since the notary certifies the will of the principal, the car owner’s passport is provided in the original. himself must be present at the notary office .

The notary does not check information about the authorized person during certification; they are entered on the basis of information provided by the client. It is best to make a copy of your passport. This will eliminate errors. The authorized representative does not have to visit the notary's office .

There is a similar requirement for documents for issuing a general power of attorney for a car. The vehicle is identified by the information specified in the title and vehicle registration certificate. Information from these documents is included in the power of attorney.

Duration of validity of a general power of attorney for a car

On the Internet or specialized literature you can often find information that the validity of a general power of attorney for a car is limited to 3 years. This is not true. When establishing the validity period, one must be guided by Art. 186 Civil Code of the Russian Federation :

If the power of attorney does not indicate its validity period, it remains valid for a year from the date of its execution.
A power of attorney that does not indicate the date of its execution is void.
A power of attorney certified by a notary, intended to perform actions abroad and not containing an indication of its validity period, remains valid until it is canceled by the person who issued the power of attorney.

The three-year restriction , which was present in this article earlier, was canceled as of September 1, 2013 . In the current version there are no prohibitions; a document can be issued for at least 20 years. But, if the validity period is not specified, the general power of attorney is considered annual. After this period, the document is invalid.

In addition, you must indicate the date the document was compiled . The absence of mandatory details makes the power of attorney void and can lead to the seizure of the vehicle from the authorized person.

A sample general power of attorney for a car looks like this: