Is it necessary for the car seller to be present at the traffic police?

Does the car seller need to be present at the traffic police office when registering?

The seller needs to go to the traffic police

Selling a car imposes certain documentary obligations on both the buyer and the seller. Formally, the car becomes the property of the new owner only upon concluding a purchase and sale agreement and a transfer and acceptance certificate from the date specified in these documents. After this, does the seller need to be present at the traffic police when registering the car? Let's find out!

Is the previous owner required when re-registering with the traffic police?

No. A correct purchase and sale transaction occurs in the following order:

the buyer inspects the vehicle he likes, checks its legal cleanliness and technical condition,
if the parties agree to conclude a purchase and sale transaction, a corresponding agreement is drawn up (at least 3 copies) and signed by the parties,
the buyer hands over the money to the seller, and the now former owner of the car - the keys, registration certificate and title,
the new owner is obliged to go to the traffic police within 10 days and register the car in his name on the basis of the above documents, the main one of which is the purchase and sale agreement.

We are interested in the last point.

As of 2019, no law or other regulatory act obliges the seller to go to the traffic police for re-registration. Thus, neither the presence of the seller, nor his passport, its copy and other data, nor notarization of the contract are needed. All that is required is his original signature on the DCP.

How can you prove it?

If such an obligation existed, it would be spelled out in legislation. But since it is impossible to prove the presence of anything, you can simply try to find such an obligation in the legal documents governing the procedure for buying and selling a car in 2019. And there are 2 such documents:

Order No. 399 on the procedure for registering a vehicle,
Order No. 605 on the provision of public services for registration.

And in none of them will you find the need for the seller to be present at the traffic police when registering the car.

And what you need?

The above-mentioned Order No. 605 in paragraph 15 establishes an exhaustive list of documents that are needed to register a car. We also provided a complete list of them with explanations in a special article on documents for registration.

contract of sale,
registration certificate,
PTS,
new owner's passport,
MTPL policy with an insurance period of at least 3 months.

In addition, the car itself will need to be inspected for compliance with the Basic Regulations for the approval of a vehicle for use in Russian road traffic.

A situation when it is advisable for the seller to go to the traffic police

Let's consider one typical case when the presence of the old car owner in the registration department of the State Traffic Inspectorate, although not regulated by law as mandatory, is still a matter of course by agreement of the parties to the transaction.

This is one of the ways to secure a car purchase transaction for the buyer, when money for the car is given only after re-registration. Thus, the buyer avoids the risk of being left without a car and without money if registration is impossible (due to prohibitions from bailiffs or if it turns out that the vehicle is collateral).

The scheme is simple, and we described it in detail in a special article on the legally correct purchase of a car:

the buyer and the seller enter into a contractual agreement, but have not yet signed the acceptance certificate,
both go to the traffic police to re-register the car,
In case of successful registration, the act is signed as an annex to the contract and the buyer gives the money.

Thus, in this case, the seller needs to go to the traffic police together with the new owner of the car.

Buying and selling a car - do you need a salesperson at the traffic police?

Good afternoon No, you don’t need a salesperson at the traffic police. A copy of the certificate of inheritance is sufficient.

Good afternoon, Vitaly! Notarization of this type of agreement is not necessary: a simple written form is sufficient (Articles 158, 160 of the Civil Code of the Russian Federation).

The purchase and sale agreement must be concluded in three copies (the first for the seller, the second for the buyer, the third for the traffic police).
The following points must be included in the car purchase and sale agreement:
- place, date of conclusion, full name.
seller and buyer, their passport details; — data about the car: make and model, its type, color, body number, VIN identification number, engine number, year of manufacture, vehicle passport data (PTS);
— absence of any encumbrances, including collateral, and legal consequences if they are identified after the transaction (termination of the contract and return of the amount paid under the contract);
— cost, payment procedure, terms of transfer of the car, moment of transfer of ownership of the car;
— information that the parties are familiar with the technical condition of the car.
Make a record about the new owner in the PTS:
- in the lines “Name (full name) of the owner”, “Address”, indicate the details of the new owner of the car;
— in the line “Date of sale (transfer)” indicate the day, month and year of the car purchase and sale transaction;
— in the line “Document of ownership”, indicate the name of the document confirming ownership of the car (for example, a purchase and sale agreement), its number (if available) and the date of preparation.
The above information is usually filled out by the new owner of the car or an intermediary;
— in the line “Signature of the previous owner” the signature of the previous owner of the car is affixed, and in the line “Signature of the current owner” - the signature of the new owner.
If you are selling a car to a legal entity or individual entrepreneur, the completed lines with information about the new owner of the car are certified by their seals.
Details located on the left front and back sides of passports and containing information about the registration of vehicles or their deregistration (“Vehicle registration certificate, series, N”, “State registration plate”, “Registration date”, “Issued by the traffic police” , “Date of deregistration”), are filled out by officials of the State Traffic Inspectorate departments. The records made are certified by the signatures of the indicated officials and the seals of the departments of the State Traffic Inspectorate (clauses 50.2, 51 of the Regulations, approved by Order of the Ministry of Internal Affairs of Russia, the Ministry of Industry and Energy of Russia and the Ministry of Economic Development of Russia dated June 23, 2005 N 496/192/134).

Note. When transferring ownership from the insured to a new person, the new owner is obliged to enter into a compulsory motor liability insurance agreement (clause 2 of article 4 of the Law dated 04/25/2002 N 40-FZ; clause 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated 01/29/2015 N 2).

There is no need to deregister the car with the traffic police when selling it to the previous owner (clause 65 of the Administrative Regulations, approved by Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 N 605).
Within 10 days from the date of conclusion of the purchase and sale agreement, the new owner of the car must contact the registration department of the State Traffic Safety Inspectorate with an application to change the registration data in connection with the transfer of ownership of the car (clause 56.1 of the Administrative Regulations).
Previously assigned registration plates that comply with legal requirements are retained by the car, unless the previous owner of the car has submitted an application to retain these registration plates (clause 56.3 of the Administrative Regulations; clause 42 of the Rules, approved by Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 ).
It should be borne in mind that the new owner, for some reason, may not register the car in the prescribed manner, but will use it.
During the period of such use, the previous owner of the car may, for example, be issued fines for violating traffic rules. In addition, until the new owner of the car registers with the traffic police, the transport tax payer remains the previous owner (Article 357 of the Tax Code of the Russian Federation). In this case, the previous owner of the car, after 10 days from the date of conclusion of the sale and purchase transaction, has the right to apply to the registration department of the State Traffic Safety Inspectorate with an application to terminate the registration of the car, presenting documents confirming the conclusion of the transaction (clause 60.4 of the Administrative Regulations).

Note.
To avoid these risks and additional actions on the part of the previous owner of the car, we recommend that you re-register the car with the traffic police department on the day of its sale. If the sale is carried out by power of attorney (so that the buyer independently completes the registration steps with the traffic police and re-registers the car in his name), then the validity period of such a power of attorney should be specified no longer than the period established for registering the car with the traffic police (10 days).

Note!
If the car you sold was owned for less than three years, you are required to declare the income from its sale and pay personal income tax on it (clause 17.1 of article 217, clause 2 of clause 1 of article 228, clause 1 of article 229 of the Tax Code of the Russian Federation) .
When calculating tax, you have the right to a property tax deduction (clause 1, clause 1, article 220 of the Tax Code of the Russian Federation).

What to do after selling your car

The car is sold, the contract is signed, the money is transferred: the deal is completed. According to the new rules of 2013, it is not necessary to deregister a car before selling it. But don’t rush to pat the buyer on the shoulder and wish him luck on the roads: sternly remind him that he has 10 days left to re-register the car himself. Such “slippery” issues are utopianly resolved this way: the seller and the buyer together, immediately after signing the purchase and sale documents, go to the traffic police, and the deal is formalized there. In case this moment is missed and the buyer has already left, we have prepared a clear guide on how to check the deregistration of a car.

How to check a car after sale

After signing the purchase and sale agreement, the car has a new owner - the buyer, but legally the car is still registered with the seller. This means that all fines from cameras recording violations and receipts for payment of transport tax will be sent to the seller. By law, the new owner has 10 days to resolve legal issues with re-registration and accounting. After this period, you can check the car’s registration with the traffic police in three ways, we will tell you about each of them in more detail.

Come in person to the traffic police department

If, on the 11th day after selling the car, you go to any nearest MREO and fill out an application addressed to the head of the department with a request to inform about the status of the sold car, then within 30 days you will be given an official answer. This means that for another month you will receive fines for a car that has already been sold. Moreover, under the law on the protection of personal data, this request may be refused. In this case, immediately write an application to terminate the registration of the car - you can read more about this a few paragraphs below.

To complete the application, you only need your passport and the purchase and sale agreement.

Use the website of the State Traffic Safety Inspectorate of the Russian Federation

The fastest way to check your registration is on the traffic police website using the “Car Check” service. To do this, you need to enter the VIN number and request verification. As a result, the service will show basic information about the car and the periods of its registration with the State Traffic Inspectorate for various owners. The service will not reveal the names of the owners, but by the date it will be possible to determine whether the car was registered a couple of days ago or is still registered with you.

If on the 11th day the car is still registered in your name, write an application for deregistration.

What to do if fines arrive after selling a car

If you find out that the careless buyer turned out to be unscrupulous and did not get to the traffic police in 10 days, take the noodles off your ears when the new owner complains about the lack of time, moving the car to another region, or even about its breakdown. If you don’t want to pay fines and taxes for the buyer, go to the traffic police. Write an application to terminate the registration of the car. In this case, the documents and the car itself will be put on the wanted list - the car can be arrested on the road and taken to the parking lot. All fines issued in the name of the seller will be transferred to the new owner in court. You can renew your car registration at any time as soon as the new owner pays the fine for lack of registration and completes all the necessary documents.

If you have done everything to check whether the car has been re-registered or not, and you find out that everything is in order with the documents, but the tax continues to arrive, then contact the territorial tax service to recalculate taxes: it happens that the re-registration data reaches other institutions with being late.

How the Autocode service can help

Service "Autocode" according to the state. The number gives the car's history. We usually recommend using our service before buying or selling a car. It allows buyers not to buy a “pig in a poke”, and sellers can sell cars faster, because people trust proven cars more.

How can the service help after verification? From the report you will be able to find out whether the registration procedure was completed by the new owner, and you will also be able to find out about fines and accidents that the new owner managed to get into.

In a few minutes, the Autocode service will provide voluminous information from more than 12 official sources:

participation in an accident;
working in a taxi;
pledges, loans, restrictions;
hijackings;
current mileage;
number of owners.

To protect yourself legally, take a photo of the title in which the new owner is registered - buyers often forget to send a scan of the document. Exchange contact information and urge the buyer to act in accordance with the law: re-register the car within 10 days and inform you about it!

Traffic police buying and selling a car is an old owner needed when re-registering?

Should a car be present during re-registration?

The received act has a certain validity period - 20 days from the date of issue. Having presented this document to the traffic police at the place of registration of the owner of the car, it is no longer necessary to provide the car for inspection. An inspection report can help if it is necessary to register a car, but it is located in another city and the owner either does not have the opportunity to move it, or the car is not transportable. When re-registering a car, an MREO employee inspects it to ensure that the body and engine numbers correspond to the numbers specified in the technical documents for the car.

Buying and selling a car - do you need a salesperson at the traffic police?

Make a record about the new owner in the PTS: - in the lines “Name (full name) of the owner”, “Address”, indicate the details of the new owner of the car; — in the line “Date of sale (transfer)” indicate the day, month and year of the car purchase and sale transaction; — in the line “Document of ownership”, indicate the name of the document confirming ownership of the car (for example, a purchase and sale agreement), its number (if available) and the date of preparation.

Traffic police buying and selling a car is an old owner needed when re-registering?

In this case, the procedure is as follows: 1 - filling out 3 copies of the purchase/sale agreement (by the seller and the buyer) (one agreement for the seller). 2 – both parties sign the PTS.

After 10 days, the seller may cancel the registration. When deregistering a vehicle, it is checked for theft, broken license plates, arrest, forged documents, pledge status, prohibited modifications, etc.

How to transfer a car to a new owner

Is it worth re-registering a vehicle without a purchase and sale agreement and how does this procedure occur? Renewing a power of attorney in the future or purchasing a new policy.

Constant conversations with the traffic police on issues related to why the car does not belong to the driver. The car will not be able to be transported across the border, which means freedom of movement will be limited.

When re-registering a car with the traffic police

When re-registering a car with the traffic police,

Do you need the old owner of the car, or is it enough to submit a purchase and sale agreement?

It is enough to provide the purchase and sale agreement and the transfer acceptance certificate in two copies.

Car re-registration

You take the money after counting it.

You give the car keys, a diagnostic card (if any), on the basis of which the new owner will issue an MTPL policy.

re-registration of a car under a purchase and sale agreement

car identifier (vin number), consisting of 17 characters. it is applied to a special plate located on the body. The expected zones of its location are indicated in the figure.

chassis and/or body numbers, which are combinations of 9. 12 characters. they are applied directly to the body and/or chassis and are usually located under the hood or under the seats in the vehicle interior.

communities › drive2 and traffic police › forum › re-registration of a car according to the manual transmission without the presence of the previous owner

thank you =) I hope that everything will work out))) everything will work out, don’t worry! The main thing is that the sales document is notarized if I’m not mistaken! and then you carry it all around like a dragonfly and register it in your name! Usually insurance is done right at the REO (we have so many of these offices there, I think it’s the same everywhere) before you have time to drive there, agents are running towards you and offering their services, for money they will write and fill out anything there)) well, do it before I start re-registering or later? before)) without a compulsory insurance policy they will not accept documents for registration.

4. receipts for payment of state duty; I sold the car under a general power of attorney.

re-registration of a car when selling, why do you need a contract?

it will confirm that the car has physically passed to the new owner. To avoid problems in the future, the technical condition of the car should be recorded in the report.

After signing the contract, receiving the keys and documents, the question arises of how to re-register the car when buying and selling.

To do this, you need to follow the sequence of the following actions.

Traffic police buying and selling a car is an old owner needed when re-registering?

Should a car be present during re-registration?

The received act has a certain validity period - 20 days from the date of issue. Having presented this document to the traffic police at the place of registration of the owner of the car, it is no longer necessary to provide the car for inspection. An inspection report can help if it is necessary to register a car, but it is located in another city and the owner either does not have the opportunity to move it, or the car is not transportable. When re-registering a car, an MREO employee inspects it to ensure that the body and engine numbers correspond to the numbers specified in the technical documents for the car.

Buying and selling a car - do you need a salesperson at the traffic police?

Make a record about the new owner in the PTS: - in the lines “Name (full name) of the owner”, “Address”, indicate the details of the new owner of the car; — in the line “Date of sale (transfer)” indicate the day, month and year of the car purchase and sale transaction; — in the line “Document of ownership”, indicate the name of the document confirming ownership of the car (for example, a purchase and sale agreement), its number (if available) and the date of preparation.

Traffic police buying and selling a car is an old owner needed when re-registering?

In this case, the procedure is as follows: 1 - filling out 3 copies of the purchase/sale agreement (by the seller and the buyer) (one agreement for the seller). 2 – both parties sign the PTS.

After 10 days, the seller may cancel the registration. When deregistering a vehicle, it is checked for theft, broken license plates, arrest, forged documents, pledge status, prohibited modifications, etc.

How to transfer a car to a new owner

Is it worth re-registering a vehicle without a purchase and sale agreement and how does this procedure occur? Renewing a power of attorney in the future or purchasing a new policy.

Constant conversations with the traffic police on issues related to why the car does not belong to the driver. The car will not be able to be transported across the border, which means freedom of movement will be limited.

When re-registering a car with the traffic police

When re-registering a car with the traffic police,

Do you need the old owner of the car, or is it enough to submit a purchase and sale agreement?

It is enough to provide the purchase and sale agreement and the transfer acceptance certificate in two copies.

Car re-registration

You take the money after counting it.

You give the car keys, a diagnostic card (if any), on the basis of which the new owner will issue an MTPL policy.

re-registration of a car under a purchase and sale agreement
1. car identifier (vin number), consisting of 17 characters. it is applied to a special plate located on the body. The expected zones of its location are indicated in the figure.
1. chassis and/or body numbers, which are combinations of 9. 12 characters. they are applied directly to the body and/or chassis and are usually located under the hood or under the seats in the vehicle interior.
  
  communities › drive2 and traffic police › forum › re-registration of a car according to the manual transmission without the presence of the previous owner
  
  thank you =) I hope that everything will work out))) everything will work out, don’t worry! The main thing is that the sales document is notarized if I’m not mistaken! and then you carry it all around like a dragonfly and register it in your name! Usually insurance is done right at the REO (we have so many of these offices there, I think it’s the same everywhere) before you have time to drive there, agents are running towards you and offering their services, for money they will write and fill out anything there)) well, do it before I start re-registering or later? before)) without a compulsory insurance policy they will not accept documents for registration.
  
  4. receipts for payment of state duty; I sold the car under a general power of attorney.
  
  re-registration of a car when selling, why do you need a contract?
  
  it will confirm that the car has physically passed to the new owner. To avoid problems in the future, the technical condition of the car should be recorded in the report.
  
  After signing the contract, receiving the keys and documents, the question arises of how to re-register the car when buying and selling.
  
  To do this, you need to follow the sequence of the following actions.