Do you need a notary when buying a car?

How to purchase a used car: general transaction procedure

Purchasing a car is certainly a pleasant event, but quite troublesome, especially if we are talking about a used vehicle. In this case, you need not only to approach the choice of car with special attention, but also to formalize the transaction correctly. Let's look at all the features of the procedure.

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Buying and registering a used car: preparing for the deal

Buying and selling used cars is a very common transaction today. However, many people have questions about how to properly fill out the necessary papers. If this is your first time deciding to buy a car second-hand, you need to approach the issue with all seriousness. Once you have found the right vehicle, you need to clearly agree on the main points of the transaction. This will save you from surprises and conflicts at the next stages of registration. Discuss:

price;
form, procedure and terms of payment;
replacing or maintaining license plates and insurance;
deadlines for handing over keys.

The seller may raise the question of making an advance payment, but only you can decide whether you agree to this or not. This situation is regulated by Article 487 of the Civil Code of the Russian Federation.

Additionally, before you move on to signing the papers, it is important to check the vehicle's history. Almost all the necessary information is contained in the vehicle passport (PTS). It records:

information about former owners;
year of manufacture, license plate number, VIN code, body number;
technical characteristics of the vehicle.

Please pay special attention to the fact that the seller is required to provide you with the original PTS upon registration. If he only has a copy in his hands, this is a reason to think about it. Of course, you shouldn’t immediately panic and refuse to purchase, but in this case you need to approach checking the car with special care. It's very easy to do this today. For example, you can use the Autocode service. Based on the license plate number or VIN code, the system will provide a detailed history of the car and will allow you to verify the “cleanliness” of the vehicle purchased second-hand without wasting extra time.

Don’t forget to check the license plate data from the PTS with the real data of the car before completing the paperwork, and also look at the service and warranty books.

By the way, you can now buy a car second-hand both with license plates (you can change them later if you wish) and without. There is no longer any need to deregister it (with the exception of sales abroad). And transit numbers are no longer required either, which simplifies the procedure.

How to register a used car when purchasing: drawing up an agreement

After all the checks are completed, the time comes for the most important stage of the transaction - preparing the papers. Let's figure out what documents to fill out when buying a used car. First of all, this is a purchase and sale agreement. As with any paper business, there are some subtleties here. First, let's look at what data must be included in the document:

date and place of signing;
passport details of the seller and buyer;
full car and title data;
absence of encumbrances;
method and terms of payment, as well as transfer of the vehicle.

All lines in the contract must be completed. If any of them are left blank, add dashes. This will protect you from entering data into it without your knowledge.

Additionally, you can draw up an act of acceptance and transfer of the car, which records the fact of transfer of the vehicle and its condition at that moment, and also confirms that the parties have no claims against each other. Here you need to specify the date and time of transmission. This will insure you, for example, against paying fines for the previous owner.

You need to fill out the papers in three copies: one remains with you, the second with the seller, and the third will be necessary to register the car with the traffic police. It is not necessary to have them certified by a notary. However, you can still turn to him to certify the legality, including the right of both parties to commit it (clause 1 of Article 163 of the Civil Code of the Russian Federation). This is true, for example, in the case when the car is pledged to the bank. If you have any doubts about this, please refer to Part 2, Section 4, Chapter 30, Paragraph 1 of Article 454 of the Civil Code of the Russian Federation.

Another common option is to issue a general power of attorney with the right to sell. This method is usually chosen to reduce costs (both time and money). The principal (owner) transfers the rights to the car to the buyer, while the vehicle remains his property (see Article 185 of the Civil Code of the Russian Federation). It is important to remember that by agreeing to this type of transaction, you are taking a certain risk. The owner can revoke the power of attorney at any time or demand money for the car in case of sale. Problems also often arise in the event of the death of the seller or his recognition as incompetent (ownership in this case passes to the heirs). We advise you to study the situation very carefully.

Procedure for registration of PTS

When the procedure for registering a contract for the purchase of a car in person is completed, it is necessary to make a new entry in the vehicle passport. Be careful when filling it out and write legibly! You need to enter:

date of purchase;
number of the document confirming ownership and date of registration;
signatures of the seller and buyer.

Please note that if one of the parties to the transaction has the status of a legal entity, the signature must be certified by a seal.

If there is no free space left in your passport (this happens infrequently, but it happens), you will have to go with the seller to the traffic police to get a new one. The inspection staff will replace the document (all data will be checked against the electronic database) and re-register the car.

This concludes the process of purchasing a used car. After making an entry in the PTS, the money is transferred. It is better to transfer funds by bank transfer (unless another method was initially agreed upon). In this case, the fact of the transfer will be additionally recorded, which will protect the buyer.

Handing over the keys and passing the technical inspection

Once the financial and paper issues are settled, the seller hands over the keys to the vehicle. Along with them, you should have the following documents in your hands:

purchase and sale agreement (in two copies);
acceptance certificate (if you still decide to sign it);
PTS registration certificate.

If your used car does not have a valid diagnostic card, your next step will be to undergo a technical inspection. This can be done with any operator of your choice, the main thing is that it is accredited by the Russian Union of Insurers. You can find and check it in the GTO Register. Only after this can you issue an MTPL policy.

Preparation of documents for used car insurance

Buying a used car secondhand does not necessarily require maintaining a compulsory motor liability insurance policy. According to the established procedure, if you buy a car without insurance, you must obtain it within 10 days after the purchase and sale transaction is concluded. At this time, you cannot be fined for its absence, but if you get into an accident and are found to be at fault for the accident, you will have to pay compensation out of your own pocket. Therefore, do not delay in applying for a policy!

You can also negotiate with the seller to keep your current insurance. In this case, you will need to visit the insurance company together to re-issue the papers. For the unused insurance period, compensation is provided to the ex-owner.

Registration with the traffic police

It is also required to register the purchased car within 10 days after the purchase of a used car is completed. This can be done at any traffic police department at your location. In this case, you will have to pay state fees for:

issuance of registration plates;
making changes to the vehicle registration certificate;
registration in PTS.

Remember that in this case, delay threatens with fines: from one and a half to two thousand rubles for violating the deadlines, 500 rubles for driving an unregistered car, and for a repeated violation they may even be deprived of their rights. This completes the purchase of a second hand car. All that remains is to receive the documents. You should have in your hands:

registration certificate;
PTS with appropriate notes;
registration plates (if you are registering new license plates).

Now you know how to purchase a used car . As you can see, it's not that difficult. Good luck!

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

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

What is PrEP

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

The purchase and sale agreement must include the following items:

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

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

When is it necessary to finalize a transaction?

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

Preparation of documents without a notary

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

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

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

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

How to register the purchase and sale of a car: legal advice

Current legislation does not require deregistration of a car in order to sell it. It goes to a new owner with the same license plates. After the transaction, the buyer only makes changes to the registration data at any (regardless of place of registration) traffic police department and receives new documents.

The algorithm is as follows. You find a buyer. Agree on a price. You draw up a purchase and sale agreement (it can be downloaded from the Internet), fill out a special column in the vehicle passport (PTS), receive money, transfer the car and keys to the new owner, sign the acceptance certificate. That's it, the deal is done.

It is enough to conclude it in simple written form. No need to contact intermediaries - just spend the money. There is no need to register the document with a notary.

The contract must contain the following information: date and place of conclusion, full names of the seller and buyer, their passport details. In addition, you need to provide information that allows you to identify the car - VIN code, name (as in STS and PTS), color, year of manufacture - and also refer to registration documents (registration certificate) and PTS. Write that the buyer is satisfied with the technical condition of the car and indicate its cost.

The agreement is drawn up in three copies (for the seller, the buyer and the traffic police), each signed by both parties. Just first make sure that there is free space in the PTS where information about the future owner of the car is entered - if the document is completely filled out, go to the traffic police for a new one.

Car passport

In the PTS you need to fill out the column about the owner. This is the data of the new owner (buyer) - full name, address (as in the passport). Write down the date of sale - the same as in the contract. In the “Document of ownership” column, indicate the purchase and sale agreement you have drawn up dated such and such a date. Afterwards, the seller and buyer each sign in their place.

If you are not the owner of the car, then attach to the contract a certified copy of the notarized power of attorney, which states the right to sell the car on behalf of the owner.

If the seller is an organization, you will need to put a stamp on the contract and indicate all the details of the legal entity.

The contract has been signed, the vehicle title has been completed. The buyer hands over the money, and the seller hands over the car keys. This should be recorded in the transfer and acceptance certificate, where each party confirms receipt of the money and the car, respectively.

To protect yourself from counterfeit bills, arrange with the buyer to deposit money onto your card through an ATM. Or go to the bank where you have an account.

This concludes the deal for the seller.

New owner

The new owner is required to provide his information to the traffic police and receive a new registration certificate. But before that you need to buy an MTPL policy. A compulsory insurance contract can only be concluded if the seller has handed over a valid diagnostic card along with the car. Otherwise you will have to undergo a technical inspection. The new owner has ten days from the date of purchase for everything - during this period the traffic police has no right to punish with a fine for the lack of an MTPL policy.

To obtain a new registration certificate and a mark in the PTS, the buyer needs to submit to the traffic police a sales contract filled out with the PTS, an old registration certificate, his passport, an MTPL policy and a receipt for payment of the state duty (850 rubles for a passenger car).

As an exception

If the seller wants to keep the registration plates, he will have to contact the traffic police and hand over the plates before concluding the contract. They will be stored for six months - during this time you need to buy another car.

If you fail to meet the deadline, new numbers will be issued.

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

Whether or not to certify the DCP with a notary

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

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

To certify or not?

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

How can you prove it?

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

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

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

Can you certify if you wish?

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

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

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

Is it possible to do without a notary when buying a car?

Russian legislation allows the conclusion of an agreement between the parties on the purchase and sale of a motor vehicle without the participation of a notary. It allows this document to be concluded in writing. However, this relaxation has many disadvantages and unclear circumstances. Can such an agreement be correctly drawn up without a notary? Also, when buying or selling a car, it is necessary to check its credit history and other obligations, which probably even a driving instructor with a manual transmission cannot do.

It is difficult to overestimate the services of a notary. He always checks all the documents for the vehicle and draws up the contract correctly. A transaction certified by a specialist is an absolutely legal document that no court can invalidate. As opposed to a written contract, which will be executed by non-professionals. No matter how legally savvy both parties are, they will not always be able to provide and include everything necessary in the document, draw it up competently and in accordance with all the rules of legality. There are often situations when, during subsequent legal proceedings, a written agreement was declared invalid due to “trifles”. In the case of notarization, such a situation is practically excluded. After all, the specialist bears responsibility for this, which is insured, which means that in the event of damage to the client, he will be responsible for this with his property.

Why do many people choose to complete a transaction without the participation of a representative of a notary firm, although the advantage of his services is obvious? People are trying to save money! After all, the services of such a person are usually not cheap. Their price depends on various circumstances - the notary’s visit to the site, the amount of work he performs, and a host of other reasons. And if you sign a written contract, you won’t have to spend any money at all. The free nature of this procedure attracts many people, but is there any reason to save on such an important issue? After all, these savings may subsequently cost even greater losses if the contract is drawn up incorrectly. Therefore, in this situation, the best solution would be to contact an experienced notary with good recommendations and reputation.