How to cancel a car's registration after sale

Termination of car registration after sale

Quite often, sellers of their cars wonder what to do if the buyer does not register the purchased vehicle within ten days.

If the new owner has not completed the registration procedure, fines and transport tax will be sent to the previous owner.

Let's find out how to stop registering a car after sale . Also, is it possible to restore a terminated registration if all misunderstandings between the buyer and seller are resolved?

Definition

On July 10, 2017, Order of the Ministry of Internal Affairs dated March 20, 2017 No. 139 came into force. What does deregistration of a car mean?

Registration of motor vehicles is terminated if:

the car was sold abroad (the basis is a purchase and sale agreement, a gift agreement or another document that certifies the ownership of a foreign person who is not registered in the Russian Federation);
disposal of a vehicle (based on a disposal certificate, which confirms the fact of destruction of the vehicle);
if the car is lost, stolen, or taken outside the Russian Federation, registration is terminated based on the application of the car owner.

The fact of selling or donating a car to a foreign citizen must be proven by a sales contract, as well as by providing documents confirming the foreign citizenship of the buyer.

The general idea is that the de-registration procedure must be followed if subsequent registration is not contemplated. There is no state duty for it.

One of the most common cases is selling a car . The procedure for deregistration and issuance of transit numbers has been replaced by re-registration.

The seller has less hassle since re-registration is usually handled by the buyer. The new owner must re-register the vehicle in his name within 10 days after the transaction is concluded.

But if he does not rush to the traffic police to re-register, but drives a purchased car, while violating the Administrative or Criminal Code, penalties and a letter from the tax office will be sent to the seller’s address.

10 days after the sale, check with the traffic police that the new owner of the car has not registered the car in his name.

If the fears are confirmed and the car is still assigned to the former owner, he can write a statement to terminate the registration in connection with the sale.

Other cases that will be grounds for termination of vehicle registration:

the car cannot be restored after an accident;
theft, car theft;
temporary registration has expired (if the owner of the car is a foreigner who lives in Russia);
expiration of the rental or leasing agreement;
expiration of the vehicle registration period for a limited period;
changes were made to the design of the car that were not agreed with the traffic police;
death of the owner or termination of the activities of the legal entity;
transfer of the vehicle to the insurance company in order to receive payments;
transfer of a vehicle to a car dealership so that the product of poor quality can be replaced.

You can check the registration history of a car after entering its VIN number on the traffic police website: http://www.gibdd.ru/check/auto/.

Car selling procedure

A purchase and sale agreement is concluded . The law does not require that papers be notarized, but it is better not to neglect this procedure and have the contract certified by a notary, thus securing the deal legally.

The seller must hand over the keys, documents and the vehicle itself to the buyer, and receive money. The buyer picks up the car and must go to the traffic police for re-registration.

Before purchasing, the buyer is required to check the car for theft, whether it is wanted, or whether it is a credit car . It is better to go to the traffic police together and check the legal cleanliness of the vehicle.

The law does not oblige the former car owner to attend the re-registration procedure, but this is where problems with re-registration begin, since not all buyers come to the traffic police to complete the registration of the car.

Sellers must monitor buyers until the latter completes the registration procedure.

After sale

Let's consider what documents are needed to terminate the registration of a car after the sale. If you find out that the buyer did not re-register the vehicle 10 days after purchase, provide:

copy of passport;
purchase and sale agreements;
write a statement (in the statement, indicate personal data, address, information about the vehicle, indicate the reason “in connection with the sale”);
state registration plates of the vehicle (if the car is with you);
vehicle registration certificate;
vehicle passport (if any);
power of attorney (if the termination is handled by an authorized representative of the car owner).

The registration termination procedure is free and there is no need to pay a state fee.

Then the inspector will check the data against the database. If the fact of violation of the deadlines for re-registration is confirmed, the car will be put on the wanted list.

Consequences of termination of registration

What consequences could there be for the buyer due to the termination of vehicle registration after the sale?

If the registration of a vehicle is terminated, the State Traffic Safety Inspectorate will search for the state registration number and registration certificate.

If the buyer overstays the ten-day registration period, he must pay a fine (if there are extenuating circumstances).

The buyer may delay re-registration due to important personal matters, lack of knowledge about the procedure, negligent attitude to the law, or health problems.

Some buyers may deliberately ignore re-registration requirements. They are aware that such an illegal method will help avoid having to pay taxes, penalties and other liability.

Also, a sold vehicle can be used for criminal purposes.

The new owner can register the vehicle with the traffic police, but he will have to pay a fine for late registration of the car, a state fee, and install other numbers on the car after registration if the old numbers were taken away.

If the new owner has not re-registered the vehicle in his name, but the old owner has put him on the wanted list, and the first one is stopped by a traffic police inspector, informing him that the license plate number of the car is wanted, they will be confiscated from the driver, and the registration certificate will also be taken away.

You cannot continue driving this car. For this, the driver will have to pay a fine of 500-800 rubles. If a motorist is caught with the same violation again, he will be fined 5,000 rubles or deprived of his license for up to 3 months.

Registration restoration

Next, we’ll find out how to register a car if the old owner has stopped registering.

Sometimes it becomes necessary to restore the registration of a vehicle . First you need to eliminate the reason why the car registration was terminated.

If the car was stolen, it must be returned. If it was badly damaged, it needs to be repaired. You can re-register to another owner.

The leasing or rental agreement is also extended, and the foreign citizen renews registration on the territory of the Russian Federation. Each of the above methods must be accompanied by relevant documents.

To restore your registration you will need:

application for restoration of registration;
PTS of the car and its copy;
contract of sale;
car owner's passport;
receipt of payment of state duty;
grounds for restoring registration: payment of fines for late re-registration, extended leasing or rental agreement, copy of extended registration, etc.

How to stop registering a car after selling it through the State Services Portal?

Termination of registration of a vehicle using the State Services Portal

You need to log in to the resource and go to the page: https://www.gosuslugi.ru/10059/41/info.

You must fill out an application online and make an appointment with the traffic police. Then you need to go to the inspection. The service is provided free of charge.

Can the service be refused?

Grounds for refusal to terminate vehicle registration:

documentation was provided that did not comply with the law or contained inaccurate information;
documents for the vehicle have not been provided that confirm its certification or release on the territory of the Customs Union without restrictions or with customs restrictions;
the design of the vehicle does not comply with road safety requirements or the data specified in the provided documentation;
signs of concealment, forgery, changes in identification markings, falsification of documentation, and non-compliance with registration data were detected;
the license plates are wanted, and the documentation is on the list of stolen items;
absence of a compulsory motor liability insurance policy (the fact of issuing an insurance policy), the document must be there, but it is not necessary to show it (traffic police officers themselves verify the presence of the document through the RSA database);
the presence of restrictions or prohibitions on vehicle registration;
the vehicle passport does not contain a note on payment of the recycling fee or on the basis for non-payment of the recycling fee (exception: the PTS was issued before 09/01/2012);
other grounds listed in more detail on the services page on the State Services website (link given above).

Regarding the issue of refusal due to a change in body number: now a car can be registered if the markings have been changed due to natural wear and tear, repairs (the numbers were damaged at a car service station) or after the car was stolen (thieves tried to change the numbers) and its return.

The main condition for registration is that the vehicle must be identified.

If a twenty-year-old car was purchased, then due to natural wear and tear its VIN number has become unreadable. But there is a duplicate plate with the same number.

If there are additional signs that allow you to check the license plates (PTS, credentials), and it was possible to identify the car, then the problem is solved. Otherwise, registration will be denied.

Other Features

In July 2017, the rules for vehicle registration were changed . If the registration has been cancelled, it can be restored at any registration department of the traffic police.

The place where registration is terminated does not matter . It was allowed to restore registration at the place of actual location.

This is very convenient if the vehicle and the owner have traveled hundreds of kilometers from the place where registration was terminated.

Clause 1.2.18.2 of the Order of the Ministry of Internal Affairs No. 139 of July 10, 2017 regulates that registration records are restored at the place of application of the car owner, if the reasons for termination of registration are eliminated, and new registration documents are also issued.

If the application states that the owner wishes to return the state registration plates and vehicle passport, these will also be returned to him.

The registration of a car is terminated if the vehicle was taken abroad in connection with its sale, if the car was disposed of or stolen.

One of the common reasons is the sale of a vehicle and the buyer’s failure to comply with the requirement to re-register the car in his name.

If the buyer did not have time to re-register the car in his name for a good reason, he can restore the registration after paying a fine.

The seller must ensure that the new car owner appears at the traffic police office within the specified period and completes the registration.

If you sold your car, then after 10 days visit the traffic police and check who owns your former car. If you are still listed as the owner of the sold car, take immediate action.

Termination of vehicle registration after sale

Termination of vehicle registration after sale is carried out automatically in connection with the registration of the vehicle by the new owner. There are other situations when the former owner has to independently deregister it. Let us consider in detail when this is required and what needs to be done for this.

When is registration required?

Termination of registration is a procedure as a result of which the owner may be changed or the car may be put on the wanted list - it all depends on the specific situation. Previously, after selling vehicles, former owners were required to independently deregister them, but now the procedure has been simplified for them: it is enough for the new owner to register it in his name within 10 days from the date of the transaction, and the rights of the previous car owner will be terminated.

However, not all buyers register their cars on time, as a result of which the old owners begin to receive fines, and the Federal Tax Service continues to charge taxes. In this case, they can apply for termination of registration to the traffic police on their own, and the buyer will have to pay a fine for violating the deadlines.

In addition to the untimely re-registration of the car by the new owner, there are other situations in which former owners have to contact the traffic police to deregister:

the car was involved in an accident and cannot be restored;
transfer of low-quality vehicles to a car dealership for subsequent replacement;
expiration of the lease or lease agreement for the car;
termination of limited vehicle registration;
making changes to the design of transport if it does not comply with GOSTs;
death of the owner or closure of the owning company.

Also, the car must be deregistered in the Russian Federation if its owner is a foreign person residing in Russia on the basis of a temporary residence permit or residence permit. In this case, the car is registered taking into account the validity periods of the specified documents - 3 and 5 years, respectively.

Dear visitor!

If you have any questions, you can ask a lawyer for free by phone.

Our lawyer will advise you FREE OF CHARGE.

Consequences of deregistration

The main legal consequence of deregistration is the cessation of tax accrual, as well as other nuances:

The car remains the property of the owner, but he will not be able to drive it, like any other person.
If the registration is terminated after the sale, the numbers are put on the wanted list. When the buyer wants to register it, he will have to pay a fine. Traffic police inspectors can also stop him on the road and draw up a report.

If you bought a car and did not have time to register it within 10 days, but then still decided to visit the traffic police, you will, in any case, first have to pay a fine: only after that you will be able to re-register it in your name.

The fine for driving a car after deregistration reaches 800 rubles. In case of repeated violation, its amount increases to 5,000 rubles, and the violator may be deprived of his rights for up to 3 months.

If the buyer did not manage to register

If you bought a car more than 10 days ago and did not have time to register it in your name, you will have to pay a fine of up to 2,000 rubles. The exception is situations if you were unable to re-register everything for valid reasons:

The vehicle was stolen;
The owner was ill or was undergoing treatment in a hospital;
The owner was unable to re-register everything due to being on a business trip in another city or country.

To avoid paying a fine, you will have to provide documents confirming the existence of valid reasons. These could be certificates from the police, a medical institution, or an employer.

Let's look at a practical example:

The man bought the car on July 19. The calculation of the period for registration begins from the day following the date of purchase, therefore, he had to contact the traffic police before July 30. On the 21st, the car is stolen, the owner contacts the police.

The car was found on August 10, but it was taken to the parking lot as evidence - the thief’s fingerprints were on it. During the search, the car was parked; the owner took it only when the criminal was found - on December 15. He won't have to pay a fine, because... he missed the deadline through no fault of his own.

How to deregister a car: step-by-step instructions

If you have sold your car and want to deregister it, you need to do the following:

Make an appointment at the traffic police department. This can be done on the official website of the department or through the State Services portal. You will be offered the next available dates.
Come to the traffic police on the appointed day with a ready-made package of documents.
Submit your application along with other documents.

The procedure takes a maximum of 1 hour. As a result, you will be given a certificate confirming the deregistration of the vehicle. The service is provided free of charge, so you will not have to spend money on state fees.

When contacting the traffic police to deregister you will need:

statement;
PTS and STS;
passport;
contract of sale.

If a representative is involved in the procedure, you will need a notarized power of attorney.

If registration is terminated not due to sale, you must provide license plate numbers if the car is with you.

Download the application form to the traffic police for termination of vehicle registration

As mentioned earlier, deregistration of a car itself is not subject to duty, but in certain situations you will still have to pay money:

For disposal with leaving the numbers - 350 rubles;
For export abroad – 1,600 rubles.

Grounds for refusal to deregister

If you act correctly and immediately provide a complete set of documents, the traffic police will quickly deregister the car. However, there are situations when people have to face refusals:

documents contain false/false information or are not presented in full;
The car is on the wanted list.

For a new owner who applies for re-registration of a vehicle in his own name, the basis may be the absence of compulsory motor liability insurance, the presence of prohibitions or restrictions on registration actions, or non-compliance of the vehicle design with GOSTs.

Termination of registration through Gosuslugi

The easiest way to deregister a car is through State Services, because this does not require a personal visit to the traffic police. The procedure is only available to users with a verified account:

Log in to the portal.
Select in the appropriate menu “Termination of vehicle registration by the previous owner 10 days after the sale.”
Fill out the electronic application form and attach scanned copies of the purchase and sale agreement and passport.
Wait for a response: it will arrive in the form of a notification within one business day.

As you can see from the above, it’s easiest to deregister a car through “State Services”: you don’t need to waste time on trips to the traffic police – you just need to submit all the documents remotely.

Is it possible to restore registration?

In most cases, it is possible to re-register a vehicle, but it all depends on the reasons for deregistration. If you sold the car and then bought it back, and during this time the new owner managed to register it in his name, you need to do the same - there will be no problems.

If the car was stolen, but was subsequently returned to the car owner, he can easily register it again. To do this, it is enough to provide the traffic police with a passport and documents for it. The procedure will take several hours.