Commission registration for the purchase and sale of cars

Commission registration of cars

Commission re-registration of cars is a procedure for fixing the legality of a transaction for the purchase and sale of a car by a third party.

Buying and selling a car is a fairly common procedure these days. However, many car owners, faced with re-registration of a car, often do not have sufficient knowledge in this area.

Proper execution of documents when completing a transaction for the purchase and sale of a car is a prerequisite to ensure that there are no difficulties in the future for both the buyer and the seller.

You can complete a car sale deal yourself. This is what many car owners do. Information on drawing up a purchase and sale agreement can be freely obtained in the public domain. However, an inexperienced person cannot always take into account all the nuances. To avoid difficult situations in this case, you can resort to the help of specialists involved in commission re-registration of cars. Also, sometimes a car owner, when concluding a transaction, wants to legitimize it, to make it as safe as possible, in case the car turns out to be “not clean.” A correctly drawn up agreement and recording of the transaction by a third independent party will help to avoid problems of this kind.

Advantages of commission car registration

The first, and perhaps the main advantage is the guarantee of the legality of the transaction. The bottom line is that a certain third party is present at the conclusion of a transaction between the seller and the buyer and records its main components:

• fact of personal presence of the seller and buyer (or their legal representatives)
• presentation by both parties of identity documents (personal passport)
• presentation by the parties of documents confirming the powers of the parties (power of attorney, if any)
• purchase and sale agreement, uniform for all parties to the transaction
• originality of signatures and seals (if any) of both parties to the transaction.

In other words, the commission agent (the person fixing the transaction) guarantees the legality of the transaction itself.
What is it for? This may be required in the future if one of the parties has claims against the other party. As a rule, in this case, the guilty party tries to evade responsibility. And with commission processing, the injured party no longer has to prove the legality of the transaction; You just need to contact the commission agent for a certificate, which will set out all the circumstances of the transaction. This document (certificate) directly confirms the fact of a transaction between these parties.

Another undeniable advantage of contacting a commission agent is the absence of the need to independently draw up a car purchase and sale agreement. The commission agent will accurately draw up an agreement and explain to the parties their rights and obligations. If necessary, special conditions agreed upon by the parties will be discussed and included in the contract.

Often these additions relate to installment payments. In this case, it is necessary to pay attention to the liability for late payment, as well as at the time of transfer of ownership of the car.

Also, when concluding a transaction for the sale and purchase of a car, a transfer and acceptance certificate may be required. In some cases, it is a mandatory document; sometimes it is required to record transferred additional equipment or record damage to the car. There can be many nuances; they must be reflected as fully as possible in the contract. A commission re-registration specialist will help with this.

Commission registration of a car has another useful advantage. The commission agent keeps a copy of the sales contract. This may be useful in cases where the seller or buyer has lost or misplaced their copy of the contract. Often this situation can arise when, for example, the buyer has not re-registered the car in his name after a long time (for example, after a year), and the seller wants to deregister the car. For this you need an agreement, but it has been lost. In this case, the seller can contact the commission agent, who will issue a copy of the agreement from the archive.

Another advantage is that the seller and buyer do not have to draw up a sales contract. This often takes time; as you fill out the contract, questions inevitably arise for which you have to look for answers, either from friends or by reading articles on the Internet. This approach takes up valuable time and does not provide 100% confidence in the correctness of filling out the documents.

How does commission processing work?

Who can be a commission agent for vehicle registration?

Commission registration for the purchase and sale of cars

We go wherever is convenient for you: to your home, office, any metro station.

You can re-register a car from 09.00 to 22.00 , seven days a week.

We can draw up an agreement in advance if you send us data or documents by email , Viber , or Whatsapp . Number for sending documents: +7 926 603-14-22

To draw up a
car purchase and sale agreement you need:

For individuals:

From the seller (if the seller is the owner of the car)

From the seller (if the seller is an authorized representative)

For legal entities:

How to re-register cars:

You call us by phone, consult if you need to find out additional information, or immediately order a specialist visit.

Our employee arrives at the time and place you have appointed and draws up a contract for the purchase and sale of the car (in accordance with the requirements of the State Traffic Safety Inspectorate and the Civil Code):

The agreement is drawn up on a self-copying form in three copies: one for the seller, another for the buyer, the third for us for reporting;

A note about the change of owner is made in the Vehicle Passport and the signatures of the seller and buyer are affixed, which are certified by our seal.

If the buyer wishes, after completing the purchase and sale of the car, our employee issues an MTPL policy

We always arrive on time

If the time and place are agreed upon with you by phone, our employee will come to re-register the car exactly where you indicated, and will be there at the appointed time - 100% without changes or delays. With us there are no hassles. We value your time!

We re-register a car correctly and without errors

Exactly as required by the State Traffic Safety Inspectorate of the Russian Federation. We have been working since 2001: we are professionals in our business!

We can draw up an agreement in advance

Send us the data for drawing up the contract by email, Viber, or WhatsApp - and we will bring the finished contract to the place of transaction! All you have to do is sign.

We will answer all the necessary questions

Both over the phone and when registering the purchase and sale of a car. We work clearly and competently

When completing a purchase and sale agreement, you can immediately issue a compulsory motor liability insurance policy. We work with insurance companies Soglasie, Alfastrakhovanie, Max, Opora, Reso and Renaissance.

Insurance, like the purchase and sale agreement, can be issued in advance, and the specialist will bring a ready-made set of documents to the transaction.

Call us at +7 495 969-27-38 to calculate the cost of the policy. If you provide accurate data on the car, the new owner and the drivers who will drive it, we will immediately calculate the cost of compulsory motor liability insurance.

Attention! It is prohibited to drive on public roads in Russia without insurance! Without a compulsory motor liability insurance policy, the car will also not be registered with the traffic police - so it is best to take out the policy as soon as the commission re-registration of the car is completed.

A purchase and sale agreement is the only form of vehicle re-registration that exists within the framework of Russian legislation. The certificate-invoice was canceled as of August 1, 2009 , and issuing a notarized power of attorney for a car does not mean a change of owner.

Registration of the purchase and sale of a car with departure will take about 20 minutes. With us you can also re-register a motorcycle, trailer, or truck. Registration of documents when selling a car is carried out on the basis of the Civil Code and Order of the Ministry of Internal Affairs No. 59 of January 27, 2003 “On the procedure for registering vehicles.”

Order car re-registration on-site by phone. +7 495 969-27-38

Commission agreement for the sale of a car

A commission agreement is used when selling and reselling a car with the help of an intermediary. A number of car owners and car sellers consider this method the most convenient for all parties to the transaction. But before you start processing, it is recommended to learn about the features of filling out such a document, as well as about the possible risks.

What it is?

A commission agreement is an agreement between the owner of the vehicle and a third party willing to act as a seller. This intermediary assumes all responsibility associated with the sale of the vehicle. He independently looks for a buyer, draws up a purchase and sale agreement, freeing the owner from all such hassle. In this case, the seller receives up to 5-6% of the funds paid. The intermediary's commission is negotiated separately and is specified in the agreement with the car owner.

An agreement is necessary to fully define the rights and obligations of both parties. The document specifies the deadline by which the vehicle must be sold, indicates the minimum price and the conditions for its reduction (or increase), the percentage of the intermediary and the conditions for terminating the agreement. Legal entities usually act as intermediaries; it is not recommended to contact private dealers. The main purpose of concluding an agreement is to save time and effort for the owner of the car being sold.

Formalization of the agreement

The law does not stipulate the form of the commission agreement, but there are a number of recommendations for its preparation and completion. Each company has ready-made agreement forms. But owners should check all the points themselves. If necessary, the owner of the car is obliged to demand the inclusion of additional clauses in the commission agreement, or correction of existing ones. In case of refusal, it makes sense to look for another intermediary. It is desirable that the prepared document contain the following information :

• name - “Commission Agreement”, with agreement number;
• date and place of signing the document;
• information about the parties to the agreement:
  • the owner of the car indicates his full name, residential address, number and series of passport;
  • the seller is given his details: the full name of the organization, its type (joint stock company, limited liability company, etc.), TIN number, who is responsible for the implementation of the commission agreement;
  • It is also indicated here that the person giving the car for sale (the owner) is called the principal, and the intermediary is called the commission agent;
• description of the commission agreement:
  • the commission agent undertakes to conduct the transaction on behalf of the principal;
  • all rights and obligations related to its completion are transferred to the commission agent, but the details of the principal are indicated in the sale and purchase agreement;
  • it is necessary to clarify under what conditions the agreement will be implemented;
  • the conditions for its termination are also given;
• The responsibilities of the parties are listed separately:
  • responsibilities of the committent:
    • accurately describe the car and indicate any deficiencies;
    • pay the commission agent a certain percentage of the additional profit (additional profit is the amount received in excess of the value specified in the agreement);
    • pay the amount specified in the document for the execution of the commission agreement for the sale of a car. It is recommended to clarify that if the termination was carried out due to the fault of the principal, the intermediary receives a commission for the transaction;
  • duties of a commission agent:
    • conscientiously inspect and accept the car in the form in which the principal handed it over;
    • execute the contract on terms favorable to the principal and not inconsistent with the terms of the agreement and current laws;
    • do not hide information about the transaction from the principal;
• the rights of the owner and intermediary are indicated. The owner has the right to demand any information about the progress of the transaction and terminate the contract unilaterally. The intermediary may require additional payment for completing a transaction on favorable terms. He may also request a commission upon termination of the contract if the termination was not due to his fault;
• a description of the subject of the agreement is given:
  • information about the car (make and model, engine type and size, color, dimensions, etc.);
  • minimum price for a vehicle;
  • conditions for increasing or decreasing prices;
  • here you can indicate where the contract will be executed and how long it will take to complete it;
• After fulfilling the terms of the transaction, the parties are obliged to:
  • the commission agent must transfer the received payment to the principal within 3 calendar days;
  • the committent, in turn, undertakes to accept the payment or explain in writing why he is not satisfied with the amount received. If this was not done within 5 calendar days, the contract is considered fulfilled;
• tax payment information:
  • the intermediary pays tax only on commissions and additional premiums for profitable sales of cars;
  • the owner must pay the entire tax amount for the sale and registration of the transaction. But this does not apply to those who have owned the car for 3 or more years. They are not subject to sales tax;
• clause on mutual or unilateral claims. It is worth pointing out that claims are made in writing, with full justification. Unfounded claims and demands may be rejected. All disputes can be resolved by contract or by a court decision;
• the commission agreement ends with the signatures of the parties.

The commission agreement may be supplemented by a number of conditions, descriptions and references (to other documents, legislative acts, etc.). If, before concluding a commission agreement, a car was inspected, it is recommended that this be recorded in writing (in the appropriate act). It is also worth drawing up an act of acceptance and transfer of documentation (STS, PTS), and provide a link to it in the main agreement.

How to sell a car under a commission agreement?

Selling a car under a commission agreement has its own characteristics. First, you must first choose a suitable intermediary . By law, any organization has the right to be one. Car owners should be wary of various scammers. It is recommended to read reviews about the company or dealer (we must not forget about the possibility of falsifying reviews).

Next, you need to deregister the car with the traffic police. By law, this procedure is optional. But it confirms the fact that the car is not listed as stolen, is not pawned and is not under arrest. Then a commission agreement for the sale of the car is drawn up. Before signing, you must read all the points in the agreement, since the signed document will be valid even if the owner is not satisfied with its terms.

When completing the agreement, the following documents will be required :

• Car registration certificate (CTC) and registration certificate (PTS);
• Certificate of acceptance and transfer of documents (the mentioned STS and PTS of the car are indicated here);
• Vehicle inspection report (it includes information about existing damage and malfunctions of the vehicle, its mileage and general condition);

It is better not to contact an intermediary who requires the preparation of a purchase and sale agreement. It can be used to sell a car and make a profit, bypassing the owner. After completing the necessary documents and signing the commission agreement, nothing else depends on the owner. Now all responsibility for the transaction lies on the shoulders of the intermediary.

Advantages and disadvantages of selling a car under a commission agreement

The commission agreement has a number of advantages and disadvantages. You should resort to it wisely, having assessed the possible risks and benefits. Among the advantages of the method it should be noted:

• ease of sale, compared to independently searching for a buyer and concluding an agreement with him;
• possibility of obtaining greater profits. An experienced dealer will be able to sell a car for a high price. The owner will receive a large amount even taking into account commissions;
• The procedure for selecting and purchasing a car is simplified for potential buyers. The same applies to the preparation of documents and the conclusion of an agreement with the seller.

The commission agreement also has its drawbacks. Among the seller's risks it is worth noting:

• risks associated with unscrupulous intermediaries. There are certain types of fraud associated with commission agreements. At the same time (for the owner) it is difficult to return the car or the money for it. Therefore, you can only enter into a commission agreement with a well-known and reliable intermediary;
• additional expenses - commission agent's fee and deregistration of the car. However, it is not always possible to cover them.

There are risks for the potential buyer . The most common is the intermediary’s violation of agreements with the car owner. In this case, the owner may request that the transaction be cancelled. And the buyer will have to independently seek a return of the money spent. The worst thing is if the commission agreement was concluded fraudulently, and the owner did not intend to sell the car (for example, his signature on the agreement is a fake). In this case, the buyer may be accused of fraud as an accomplice.

Car purchase and sale agreement

This is the main document characterizing the transfer of ownership from the owner of the car to the buyer. Moreover, this paper is not only important from an economic and legal point of view, but also necessary for:

• making a new entry about the owner in the PTS,
• registration of license plates.

Executing a coolie agreement for the sale of a car is possible both between two parties to the transaction, and with the involvement of third parties. And, as a rule, the second option is safer for the buyer, guaranteeing the legal purity of the process.

Required documents

• vehicle passport (PTS),
• car registration certificate,
• identification documents of the seller and buyer (for individuals these are passports).

If the owner is not the seller or the buyer will not register the car in his own name, a notarized power of attorney is required.

Samples of a car purchase and sale agreement

Where to register a purchase and sale?

Our company is ready to give you the opportunity to choose the place, time and method of drawing up a contract for the sale and purchase of a car, depending on what is more convenient for you. We will also be happy to advise you and arrange any type of car insurance.

• re-register a car in our office,
• call an agent for re-registration,
• get advice on passing maintenance,
• apply for compulsory motor liability insurance on favorable terms,
• apply for CASCO insurance.

We work around the clock, and also provide our clients with the opportunity for an agent to visit your address in Moscow and the nearest Moscow region.

Cost of registration of the contract

The cost of travel in Moscow and the nearest Moscow region is from 300 rubles.

If the transaction is canceled due to the fault of the seller or buyer of the car, the agent's visit is paid - 500 rubles.

On-site registration of car purchase and sale

Do you want to buy a new car as quickly as possible? The Carrotstrah company offers you professional services of agents for concluding contracts for the sale and purchase of vehicles with the possibility of a specialist visiting any address in Moscow.

By contacting us, you are guaranteed to receive:

• full consultation on car re-registration issues,
• conclusion of a purchase and sale agreement, endorsed by the seal of our company,
• guarantees of legal and economic purity of the transaction,
• preparation of all documentation for submission to registration with the traffic police,
• car insurance on the most favorable terms.

We take full responsibility for the documents we prepare, and therefore we guarantee you the quality of our services. In addition, we offer favorable terms of cooperation for regular customers of our company, providing a card of cumulative discounts for those who contact us not for the first time.

You can contact us in any way convenient for you: by phone, through the online application form or by visiting our office in person.

Commission re-registration of a car

Download the sales contract form

Drawing up a car purchase and sale agreement

In accordance with the civil legislation of the Russian Federation, a contract for the sale and purchase of a vehicle can be considered an agreement between individuals (legal entities) on the terms of sale of a car. Such an agreement can be concluded directly between the buyer and seller, as well as through commission intermediaries. In this case, both types of contracts will have the same legal force.

Most often, the intermediary in a car purchase and sale transaction is a consignment store, which bears a certain legal responsibility to the buyer. Commission re-registration of cars (automobiles) on-site is also practiced - a very convenient service that allows the buyer and seller to save time. However, it is very important to make sure that the persons signing the commission agreement have the legal right to do so.

Who has the right to act as a commission agent?

Only the following persons can sign a commission agreement:

General Director of the company (personal)

Individual entrepreneur (personal)

A person who has the appropriate power of attorney

If you are selling/buying a car through a commission broker, be sure to check his credentials!

The process of registering the purchase and sale of a car through a commission agent

Registration of the purchase or sale of a car through a consignment store (commission agent) is somewhat different from concluding a direct purchase and sale agreement between the buyer and seller. Namely: two documents are drawn up - a commission agreement between the store and the seller on a special form, and a purchase and sale agreement between the store and the buyer of the car. Documents for registration will require original civil passports of the buyer and seller, as well as a passport and vehicle registration certificate (PTS and STS). Often, commission intermediaries provide assistance in re-registering a car at the traffic police, or more precisely, in special pavilions at the traffic police MREO.

Registration

In order for the buyer to register the car, he will need to present:

Vehicle for inspection

Purchase and sale agreement and commission agreement

OSAGO insurance policy

According to the established rules, the buyer must re-register the car within 10 days. After the end of this period, the new owner may be held administratively liable, and the seller has the right to cancel the registration. In such a situation, the documentation for the car ends up in the search database.

As already mentioned, 10 days are allotted for registering a vehicle, and during this time it is necessary to purchase an MTPL policy. Based on the clarifications of the Supreme Court of Russia dated April 17, 2012 N AKPI12-205, during this period the car can be operated without an insurance policy. Fortunately, any problems with registration of compulsory motor liability insurance usually do not arise. Moreover, commission agents often make money at the same time by offering to purchase an insurance policy immediately during the process of registering the purchase and sale of a car. Thus, the buyer can solve all the main problems at once.

As a matter of fact, despite the permission to operate a vehicle without a policy for several days, it is still most reasonable to take out insurance immediately. One way or another, no one is insured against an accident, and paying for damages out of your own pocket can be extremely expensive. The main thing here is to make sure that in the process of applying for a policy, the discounts you have accumulated are taken into account, and that the tariffs comply with current standards.

Provided that a car worth more than 250 thousand rubles was owned for less than 3 years and was sold for a larger amount than it was purchased, the seller will have to pay tax. Namely: 13% personal income tax on the difference between the purchase amount and the sale amount of the car. Sometimes, in an effort to avoid such tax payments, the seller in the contract indicates an underestimated value of the car. In such situations, the buyer should take a receipt from the seller for receipt of the actual amount, in case of disputes. And the best thing is to insist on indicating the real cost of the car in the contract.

The buyer should be aware that the transfer of ownership of the vehicle occurs at the moment of signing the purchase and sale agreement. An entry in the PTS in itself is not a legal act of a change of owner. Moreover, documents for the vehicle may be missing altogether: for example, they may be lost or misplaced. However, if there is a purchase and sale agreement filled out in accordance with the law, the PTS and STS can be restored by the traffic police.

A power of attorney, including one certified by a notary, does not provide ownership rights. Moreover, with a “sale by proxy,” the seller continues to bear full responsibility for the vehicle, as a source of increased danger. For the buyer, the option with a power of attorney is also not the best choice: there is always a risk that the power of attorney may become invalid, and then the car will return to the previous owner.

The conclusion is simple: the purchase or sale of a car should be completed only by signing a sales contract directly or through a commission intermediary.

Removing a car from registration

Starting in October 2013, the vehicle registration process was changed. Currently, only cars exported outside the Russian Federation or subject to disposal are deregistered. Of course, this has significantly simplified the process of buying and selling vehicles. However, this has also led to some unpleasant situations from a legal point of view.

The bottom line is that until the new owner registers the car, the previous owner will be listed as the owner in the official databases. As a result, there is a possibility of several negative cases occurring:

Before registering ownership, all tax requirements and penalties for traffic violations detected by automatic control systems are presented to the address and name of the previous owner of the car

The deregistration procedure was an opportunity to additionally check the legal purity of the car upon purchase. After its cancellation, the likelihood of purchasing a legally problematic car has increased.

If the sold car is recorded as a criminal offense, the previous owner will have to testify as a witness, wasting his nerves and time

Even a legally clean car, as long as it is registered to the previous owner, may be subject to restrictions by executive or judicial authorities. And this is a really real problem for the new owner

To avoid possible troubles, the purchase and sale agreement should be drawn up in three copies: for the seller, for the buyer and for submission to the registration authorities of the traffic police. In the future, this may become a kind of insurance in case of claims and disputes between the buyer and seller.