What is the force of a car purchase agreement?

Car purchase and sale agreement – security of the transaction and legal features

Every car owner, after some time, is faced with the issue of selling and purchasing a new car. At the same time, all car enthusiasts should know the nuances of correctly completing a transaction.

Changes that were made to the law back in 2014 do not provide for notarization of the agreement, which makes it possible to reduce costs when preparing documentation.

A car purchase and sale agreement greatly simplifies the relationship between seller and buyer and requires compliance with basic rules.

Transfer of a car from owner to buyer

First, let's look at ways to document the sale of movable property:

General power of attorney. This method was popular in the past, but today it contains many disadvantages not only for the buyer, but also for its owner. If one of the parties proposes to transfer the car through a general power of attorney, then it is worth thinking about the purity of his intentions.
A car purchase and sale agreement is the only correct and legally correct solution, providing for the execution of a deed for the transfer of a car from one owner to another.

Sale of movable property: nuances

The official sale of a car is not a very difficult task and does not require knowledge of all the nuances of the law, since it does not regulate clear rules in drawing up an agreement.

The transfer of property occurs by signing a written document.

In order to comply with formalities from a legal point of view, you should download from the Internet a form for a car purchase and sale agreement that does not require notarization.

But most owners of movable property use the services of lawyers, so it is understandable that they are interested in the question: “How much does the contract cost and where to draw it up?” Typically, a lawyer's fees are 1-2% of the total cost of the car.

Concluding a simple agreement for the sale and purchase of a vehicle: some features

The official registration of a transaction for the sale of a car, on the basis of the Civil Code of the Russian Federation, requires filling out a written form.

In practice, the car purchase and sale agreement form is filled out by hand and signed by agreement between the two parties.

Filling out an agreement for the sale of a vehicle

How to prepare a document yourself:

We print the document in several copies: for the buyer, the seller and for the traffic police.
Fill out the form by hand with blue or black paste.
We assign a serial number that will be entered in the PTS.
We enter the place - city in the column and enter the date of the transaction.
We enter all the passport data of both parties to the transaction.
We carefully fill out the information about the car from the Vehicle Certificate and PTS.
By agreement, we enter the amount, both in writing and in the form of numbers, while it is advisable to indicate the true cost of the car.
Before signing the form, the owner exchanges the keys and documents from the vehicle for money and only then puts his signature on the agreement with the act of transfer of acceptance of the vehicle.

An approximate sample for purchase and sale can be found and downloaded on the Internet.

List of documents

An agreement to sell movable property can only be concluded if the following documents are in hand:

passports of the seller and buyer;
PTS and vehicle certificate;
for legal entities - seal and company details.

If a car purchase and sale agreement is not concluded by the owner of the car, then the agreement will be valid only if the seller has a power of attorney, drawn up taking into account all the nuances of the law.

On the other hand, the opposite party can buy a vehicle not for themselves, but for a third party.

Moreover, after signing the agreement, he does not become the new owner of the car; his name and data are entered in the document, but not in the title. But at the same time, you also need a power of attorney from the person who will be the owner.

Purchasing a vehicle with installment payment

When purchasing or selling a mostly used vehicle, sometimes you do not have the required amount of funds. In this case, it becomes necessary to conclude an agreement with installment payment.

When registering a trail with deferred payment, you must provide the following information:

exact payment schedule;
the amount of the down payment for the car;
the deadline by which the monthly payment must be made;
interest and penalties for late deposit of funds.

To avoid problems, before the full amount stipulated by the agreement is returned, the seller must issue a permit under which the buyer has the right to use the car until the debt is fully repaid.

After the entire agreed amount under the contract has been paid, the new owner has every right to register the car and register it in his name.

How long does the condition for selling a car last?

The agreement for the purchase and sale of a vehicle does not have a validity period. This means that you can register your car at any time.

According to the law, a period of 10 days is established, after which you will have to pay a fine. In this case, the traffic police officer may impose a fine on you.

Why might a deal be unenforceable?

In some controversial cases, after an agreement, motorists may have some problems that require the intervention of lawyers.

But before you file a claim with the judicial authorities, you must first decide whether your case is suitable for solving the problem through higher authorities:

recognition of the agreement as invalid - non-compliance with the requirements when drawing up the agreement specified in the Civil Code of the Russian Federation;
when the agreement is imaginary and there is confirmation of this;
violation of the rights of children who have not reached the age of majority when concluding a transaction;
detection of circumstances that may affect the legality of the transaction after its conclusion;
incapacity of one of the parties at the time of signing the agreement;
making a transaction under duress.

If at least one of the above actions occurs, then you can safely turn to the courts.

The right attitude towards selling a vehicle is the key to your peace of mind in the future!

Why you should always have a car purchase agreement on hand

Content

Even a hand-filled DCT legally confirms the new owner’s right to drive the car. At the same time, it exempts the previous owner from paying tax on the car sold. If the title in which the new owner of the car is registered is kept at home, then it is better to put the purchase agreement in a holder with documents and take it with you. And there are at least three reasons for this.

Confirmation of driving license

The new owner is given 10 days, during which he undertakes to register the car and insure it. During this period, the contract must be in the hands of the buyer! This is the only document that confirms that the buyer did not steal the car, but bought it. While there is no compulsory motor liability insurance and registration, only the DCP allows a new driver to drive the vehicle.

Disputes with the owner

If any disputes arise with the previous owner of the car, the main document that doubters can safely poke their noses at is the purchase and sale agreement. And it doesn’t matter for what reason the previous owner decides to quarrel with the buyer: “hang up” his fines, return the car, recognize the transaction as illegal, etc. This is why buying a car without a formalized contract is not a good idea. And that’s why you take the contract with you.

Restoring PTS

If for some reason the PTS needs to be restored, it will be impossible to do this without a contract in hand. In this case, the DCT again confirms that the buyer is not a thief, but the new legal owner.

Without an agreement, you will need a notarized power of attorney from the owner. If you bought the car second-hand, you will have to look for the owner. If at a car dealership, ask to find the documents there. And as you might imagine, the older the car, the more difficult it is to find the ends. In any case, it will be easier to restore the DCP.

What to do if there is no copy of the contract

Under ideal conditions, the transaction partner will gladly provide their contract so that you can make a copy. Be sure to have it notarized, otherwise it will not be valid!

The second option to get your hands on precious PrEP is to renew it. This method is suitable if neither the buyer nor the seller has the contract in hand.

If it is impossible to find the other party to the contract, then go straight to the traffic police and ask them to wipe away the centuries-old dust from the archival documents. Most likely, the request will be refused, so prepare an application addressed to the head of the department in advance.

If thoughts flashed through your head about creating a new agreement with a forged signature of the second party to the transaction, then forget about it. Falsification of documents is punishable by criminal offenses, including imprisonment.

The buyer confirms his right to drive a specific car. The seller will need the DCT to find out his tax deduction. Both parties to the transaction can use the DCT during a divorce as confirmation of the presence or absence of property. There are at least a hundred more reasons to turn to documents confirming the purchase or sale of a car. And despite the fact that there is no fine for the absence of an agreement yet, both parties to the transaction will need the document. Therefore, fill it out in triplicate and take it with you.

Legal force of a contract for the sale and purchase of a car that is not certified by a notary?

whether a car purchase and sale agreement, indicating passport data, drawn up in any form, but not certified by a notary, has legal force. Is it proof of the rights to this car of the buyer specified in the contract?

Elena, good afternoon!
A car purchase and sale agreement is drawn up in simple written form and does not require mandatory notarization.

A car purchase and sale agreement does not require notarization and registration, but the moment of transfer of ownership of the car is the moment of its actual transfer to the buyer, which is recorded either in the purchase and sale agreement itself, or in a separate acceptance certificate. The traffic police registers a contract, not a right, registration is in no way connected with the moment of ownership, this registration is not aimed at securing civil rights and obligations, but at administrative records in order to ensure road safety (as a result, fines will come to the old owner , and not to the new one). By the way, in order to register an agreement with the State Traffic Safety Inspectorate, a compulsory motor liability insurance agreement is now required for the new owner, and a compulsory motor liability insurance contract is concluded only on the condition that the right has been transferred (i.e., the contract and act are provided to the insurance company).

The fact is that the car is in the impound lot for illegal parking.
The owner of the PTS is away. But they won’t give me the car, they say that I don’t have rights to it. A purchase and sale agreement is not enough for them. Are they right? Elena

In this case, it is clear why the question is asked. The fact is that in accordance with the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for the registration of motor vehicles and trailers for them, approved. By order of the Ministry of Internal Affairs of Russia dated 08/07/2013 N 605, the purchase and sale agreement must be registered with the State Traffic Safety Inspectorate within 10 days from the date of conclusion of the transaction, the State Traffic Safety Inspectorate stamps the agreement, and enters information about the new owner in the PTS. Violation of this rule may result in the imposition of an administrative fine under Art. 12.1 of the Code of Administrative Offenses of the Russian Federation, but this in itself cannot be a basis for refusing to return the vehicle. Pay attention to paragraph 10 of Art. 27.13 Code of Administrative Offences:

10. Moving vehicles to a specialized parking lot, with the exception of vehicles specified in part 9 of this article, their storage and return to owners, representatives of owners or persons carrying documents necessary to drive these vehicles, payment by persons involved in administrative proceedings liability for administrative offenses resulting in the use of detention of vehicles, the cost of moving and storing detained vehicles are carried out in the manner established by the laws of the constituent entities of the Russian Federation. The return of detained vehicles to their owners, representatives of the owners or persons who have the documents necessary to drive these vehicles is carried out immediately after the reason for their detention has been eliminated.

Since you indicated that you are from Saratov, we look at Article 10 of the Law of the Saratov Region “On the procedure for moving detained vehicles to specialized parking lots, storing them, paying the cost of moving and storing, returning vehicles on the territory of the Saratov Region”:

2. The return of a detained vehicle is carried out by the executor or a person authorized by the executor, after the owner has presented the documents necessary to drive this vehicle, a copy of the official’s decision to return the detained vehicle, a copy of the resolution in the case of an administrative offense that resulted in the detention of the vehicle.

In this case (Article 2 of this law):

owner of the vehicle - the owner of the detained vehicle, his representative or driver (hereinafter - the owner)

If you have an MTPL agreement (which is one of the mandatory documents required to drive a vehicle - clause 2.1.1 of the Traffic Regulations) in which you are indicated either as the owner whose liability is insured, or as a person authorized to drive, then In my opinion, there is no reason not to return the vehicle to you.