Do I need to register a car purchase agreement?

Drawing up a car purchase and sale agreement

The DCT is a document that confirms ownership of a vehicle, so the procedure for drawing up a car purchase and sale agreement in 2019 deserves special attention. You will learn from this article whether it is possible to draw up a sales contract yourself and how to do it correctly, as well as the procedure for selling a car and registering it with the traffic police.

The procedure for selling a car by an individual in 2019

According to paragraph 1. Art. 454 of the Civil Code of the Russian Federation, the conclusion of a purchase and sale agreement obliges the seller to transfer the car to the buyer in exchange for the amount of money specified in the agreement. Ownership is considered transferred to the buyer at the moment when the seller hands him the keys to the car.

The ownership right of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or contract.

clause 1 art. 223 Civil Code of the Russian Federation

Along with the car, the seller also transfers to the buyer all related documentation in accordance with clause 2 of Art. 456 of the Civil Code of the Russian Federation. A vehicle passport, as well as a registration certificate, will be needed later so that the new owner can register the car under the purchase and sale agreement with the traffic police.

The seller must put his signature in an empty space in the title, in the “signature of the previous owner” column, otherwise the car will not be re-registered. The signature must be made with the same pen as on the contract.

The new owner is obliged to re-register the car within 10 days from the date of conclusion of the purchase and sale agreement in accordance with clause 6 of Order of the Ministry of Internal Affairs of Russia dated June 26, 2018 N 399. If you are not familiar with the car registration process, the step-by-step instructions in the article “Rules for registering a car” will help you to the traffic police in 2019.”

It is very important to correctly draw up a car purchase and sale agreement between individuals, because Without this document, the new owner will not be able to register the car with the traffic police.

How to properly draw up a car purchase and sale agreement yourself

In order for a contract drawn up independently to have legal force, it is necessary to follow certain rules for executing a transaction for the purchase and sale of a car in 2019:

1 Data accuracy. Record all data accurately. Even one incorrectly specified number from the car registration certificate makes the contract invalid.

2 Correct design. One of the conditions for how to correctly draw up a car purchase and sale agreement is compliance with registration standards. It can be completely printed or completely filled in by hand (with plain dark ink). There should be no corrections or omissions in the contract; all fields must be filled out.

If you decide to print the agreement on a computer, do not forget to sign your signatures after printing. You can fill out the PrEP form online or download it from this article.

As for whether it is possible to draw up a contract for the sale and purchase of a car yourself, by law it does not require notarization. However, according to paragraph 2 of Art. 163 of the Civil Code of the Russian Federation, the purchase and sale agreement can be notarized at the request of the buyer and seller:

Notarization of transactions is required:

1) in cases specified in the law;

2) in cases provided for by agreement of the parties, at least by law, this form was not required for transactions of this type.

clause 2 art. 163 Civil Code of the Russian Federation

If it seems to you that you will not be able to draw up a contract for the sale and purchase of a car yourself, you can always turn to a lawyer for help. A specialist will help you draw up a contract so that all important conditions for you are met.

Nuances of filling in video format

Registration of a car in the traffic police under a purchase and sale agreement

The procedure for registering a car with the traffic police was greatly simplified with the introduction of Ministry of Internal Affairs regulations No. 605 in 2013. Now, when selling a car, there is no need to deregister it; the responsibility to register the car passes to the new owner.

The new rules also affected the re-registration of a car without an owner under a purchase and sale agreement. After the conclusion of the DCT, the former owner does not participate in the registration of the car. The new owner must register the car himself, providing a purchase and sale agreement as proof of ownership of the car.

Registration of a car purchase and sale agreement

In accordance with paragraph 1 of Art. 131 of the Civil Code of the Russian Federation, transactions relating to real estate are subject to state registration.

The right of ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the bodies carrying out state registration of rights to real estate and transactions with it. The following are subject to registration: the right of ownership, the right of economic management, the right of operational management, the right of lifelong inheritable possession, the right of permanent use, mortgage, easements, as well as other rights in cases provided for by this Code and other laws.

clause 1 art. 131 Civil Code of the Russian Federation

In the case of selling a car, neither state nor notary registration of the DCT is required.

Rules for re-registration of a car under a sales contract

The procedure for purchasing a used car has always been delicate. For the most part, the controversial issue arose during the execution of the purchase and sale agreement. According to the old requirements, a notary had to participate in the procedure.

The costs of it have always been a subject of dispute between the seller and the buyer. The new Law No. 283-FZ “On State Registration of Vehicles” abolishes the mandatory participation of this intermediary.

Why re-register the car in your name?

It would seem a rhetorical question with a simple answer - so that it would belong to the owner. But there are still people who prefer to purchase a car using a general power of attorney. In fact, such a sales scheme is beneficial only to scammers and resellers .

An owner purchasing a car for himself, in this case, runs a high risk of making a purchase that will subsequently be impossible to resell. Or even buy a vehicle that is listed as stolen. In this sense, re-registering a car in your name means going through a “cleansing” procedure that guarantees getting rid of troubles.

If during registration it is discovered that the car is listed as stolen, it is returned to the rightful owner, without compensation to the person deceived by the scammers.

The sales procedure itself has become no more complicated than buying a TV or refrigerator. The buyer finds a car, negotiates a price with the seller, and they enter into a purchase and sale agreement. This document is now done, what is called “on the knee”, it can even be written by hand. But the slightest mistake will subsequently cause a refusal to register the car. Therefore, it is better to buy a ready-made form or download it here and print it.

In addition, the following innovations have now appeared during registration:

The participation of a notary is not required;
The vehicle does not need to be deregistered before sale;
The license plate number may remain with the previous owner;
The license plate may remain with the new owner;
When registering a vehicle, the presence of the previous owner is not required;
Registration is carried out only if there is compulsory motor liability insurance;
Registration can be done at any convenient MREO branch.

Otherwise everything remains the same. You need to go to any MREO, without reference to registration, and pay the state fee. After the vehicle is inspected by a traffic police officer, the owner will be given new license plates and a registration certificate. If you liked the old numbers, you can now keep them, which will somewhat speed up the registration procedure.

In fact, after the purchase and sale agreement is concluded, the buyer shakes the former owner's hand and never sees him again. However, in practice some problems may arise. By law, the new owner must register the purchased car within 10 days . Violation of this requirement is punishable by a fine, but it is relatively small - 2000 rubles .

During these 10 days, the following troubles may occur:

The new owner will not register the vehicle;
The old owner will receive fines for the new owner;
The previous owner may report the car as stolen;
The new owner may change his mind and return the vehicle to the previous owner.

Therefore, both parties are interested in quickly registering the property to the new owner. The seller will be able to sleep peacefully without receiving other people’s fines, and the buyer will be sure that he purchased a “clean” car without hidden surprises.

In what cases is re-registration necessary?

Registering your car in your name is a great way to protect yourself from scammers. In addition, the procedure for re-registration of a car allows you to be the sole owner of the vehicle . This is not an unimportant factor in situations resolved in court. Therefore, such a procedure is simply necessary when buying a car from an unfamiliar owner. In addition to the purchase, re-registration will be needed if:

The car is presented as a gift;
When the owner's passport data changes;
The car was repainted a different color;
If the body has been replaced.

In the case where a car is purchased for the purpose of subsequent resale, registration will entail a tax burden. By law, the sale of a car within 3 years after purchase is subject to 13% income tax . In addition, you will have to fill out a large tax return. Therefore, in such a situation, you can get by with a general power of attorney, but it is better to purchase a car from trusted friends.

You can purchase a car under a general power of attorney only from trusted people, provided that they bought a new car.

But even when purchasing a car from relatives, when deregistering the car, there is a serious risk of discovering the purchase as stolen. There are ways to cheat the check when registering with the traffic police. For example, scammers can steal a car while the owner is away and manage to sell the car before the owner arrives. Accordingly, the vehicle will be reported for theft after the transaction . The happy owner will not even suspect that he has been using a stolen item for years.

Procedure

According to existing legislation, deregistration of a vehicle with the traffic police is possible only for two reasons - recycling and for registering a car in another country. Therefore, the car must be registered with the traffic police throughout its “life”. When selling, the car only goes through the re-registration procedure, where the name of one owner is changed to another.

Verification of documents

This is a very important part of the transaction, given that buyers and sellers will no longer have the opportunity to meet. The main document is the vehicle passport. This blue paper will tell you much more about the car than the seller would like. But you need to learn to understand what is written in it, and for this we check the following columns:

The document is an original or a duplicate . The document must be original. Otherwise, there is a risk of purchasing equipment with an unsecured loan or a problematic car that has been sold too often.
The seller must be the owner , if the car is sold under a power of attorney, then you can purchase a “dark horse” with which there may be various surprises.
The owner of the vehicle should only be private individuals . Organizations and companies purchasing transport make an investment that should pay off many times over. Therefore, the equipment there is squeezed to the maximum, and then sold.
There must be a space left in the passport where the next owner can be entered . If your passport is completely filled out, you may be denied registration, even if you have all the other documents.

Of course, all requirements are subjective and completely optional. After all, even a completely law-abiding citizen can lose documents for a car and receive a “duplicate” mark in the vehicle’s passport. But when purchasing a unit with such a passport, you need to be extremely careful.

Filling out papers

The purchase and sale agreement is the main document confirming the fact of the transaction. It is on this basis that registration will take place under the new owner. Any inaccuracies in filling out will cause refusal during re-registration.

Therefore, use a proven algorithm:

The document is filled out in triplicate.
Fill everything out with one blue or black pen.
We check the seller’s passport; it must not be expired.
We enter the number of the purchase agreement (the number can be absolutely any).
We indicate the date and city where the purchase takes place.
Column passport data of the seller and buyer.
We carefully transfer all the data from the PTS and Vehicle Certificate .
We indicate the cost of the purchased vehicle.
Sign the contract only after receiving money from the buyer and keys from the seller.

The paper should also contain a clause that the old owner guarantees the absence of fines and debts on this car. This will allow you to win the lawsuit if it later turns out that the vehicle is pledged or under arrest.

Car re-registration

After parting with the seller, the newly minted car enthusiast feels that the long-awaited purchase is finally at his disposal. But do not delude yourself, a vehicle that has not been re-registered continues to be registered with the former owner. The state gives only 10 days for the procedure, but there is no need to rush . First, it is important to visit the insurance company and make a compulsory insurance policy; without it, they will not issue it.

According to the new rules, it is the buyer who is responsible for the accuracy of the data entered in the documents. Please check all numbers and dates carefully!

Further actions will take place at the traffic police: you hand over the documents, take the details and pay the state fee; as a rule, this can be done on the spot. The submitted papers will be checked for errors, fines and court sanctions. At this time, you need to undergo a vehicle inspection, where vigilant traffic inspectors will check the equipment for theft. If everything went well, then within 24 hours the car is registered to the other owner. New papers for the car are issued and the buyer becomes the full owner.

Required documents

Since, according to the new legislation, the presence of the former owner is not required to re-register a car, the buyer and seller must have a different package of documents.

For the seller

The seller will only need documents proving his identity and the right to sell the car:

In addition to the required documents, it is advisable to undergo a vehicle inspection. Paradoxically, the seller needs this first of all. By law, the new owner can return the purchase to the former owner within 2 years . If a hidden defect is discovered that is not announced before the sale. Unscrupulous people can take advantage of such a loophole, and the inspection card will become a weighty argument in favor of the former owner in court.

For the buyer

The buyer will have to go through the registration procedure with the traffic police, so he will need a wider list of documents:

Application for registration of a vehicle with the State Traffic Safety Inspectorate. (Download DOC form)

Application for registration of a vehicle with the State Traffic Safety Inspectorate. (Download PDF form)

You will also have to pay additionally for the issuance of a new registration certificate, new or old. In addition, if the owner does not like the old plates on the car, he will also have to pay for new ones.

Useful video on the topic

The new registration rules are not a random measure; the state is trying to turn its citizens away from gray schemes for buying used cars. Fraudsters and speculators very often use a power of attorney and deeds of gift to hide behind them. The most simplified procedure for sale and re-registration should protect law-abiding citizens from lovers of easy money.

Registration of a car sale transaction in 2019.

In 2019, a number of changes were made to register a purchased car with the traffic police. Thanks to innovations, it has become several times more difficult to pull off a scam when selling a car. Therefore, before purchasing a car, we advise you to familiarize yourself with the entire procedure.

Today, in order to re-register a car, it is not necessary to deregister it. In order to re-register a car, it is enough to prepare the necessary package of documents and contact the State Traffic Safety Inspectorate with an application.

List of documents required when re-registering a car:

from the car owner:

passport;
PTS;
vehicle registration certificate;
notarized power of attorney (if the car is sold by proxy).

Before making a transaction, you need to make sure that this is the owner of the car; to do this, check the data in the passport and in the PTS - they must match, and we also advise you to look at the photo in the passport and at the owner; if there are obvious discrepancies, it is better to refuse the transaction. If a third party is selling the car, make sure that they have a general power of attorney under which they can represent the interests of the seller.

After you are sure that the owner of the car or his authorized representative is in front of you, ask whether they intend to leave registration plates. If yes, then the seller must submit a corresponding application to the traffic police and after receiving new numbers, it will be possible to sign an agreement.

The purchase and sale agreement for a vehicle is drawn up in any written form and does not require additional certification from a notary. If the parties find it difficult to draw up an agreement correctly, they can contact a law office, where they will help draw up an agreement, but this is for an additional fee.

The car purchase and sale agreement is signed in triplicate. One for the seller, the second for the buyer, and the third at the traffic police. Based on the data in the contract, which is transferred to the traffic police, data about the new owner of the vehicle will be entered.

Although there are no regulations for drawing up a vehicle purchase and sale agreement, it is still a document and when drawing it up, it is worth using the basic requirements for drawing up an agreement. Namely, to state the basic rights and obligations of the parties, to state the date and place of drawing up the agreement, to state the cost and subject of the transaction.

To avoid mistakes when drawing up a vehicle purchase and sale agreement, we recommend using a ready-made agreement template.

Registration of the car with the traffic police.

After signing the contract, the car must be re-registered to the new owner. To do this, the new owner must apply to the local traffic police office within ten days after signing the contract.

He must have the following set of documents with him:

two copies of the car purchase and sale agreement;
Vehicle title;
vehicle registration certificate (for the previous owner);
receipt of payment of state duty;
a completed application for vehicle registration;
OSAGO policy;

The MTPL policy can either be re-issued, or if this is provided for in the contract and does not violate the rules of the insurance company, the new owner can be included in the existing policy.

The amount of the state duty will depend on whether the car’s registration plates will be changed. If the license plates remain old, then the state fee is only 500 rubles; if the new owner decided to change the registration plates, or the previous owner kept them for himself, then the fee for issuing new license plates will be 2000 rubles. If there is no space left in the title to add a new owner, you will have to pay an additional fee of another 500 rubles. for reissue of PTS. You can pay the fee at terminals, on the government services website, or at a bank branch.

The registration procedure itself takes place in two stages.

At the first stage, the traffic police officer checks the car: checks the registration numbers, VIN. He can also check the operation of the headlights, windshield wipers, check for the presence of a first aid kit, fire extinguisher and warning triangle. After passing the inspection, the inspector puts a corresponding mark on the application.

At the second stage, the vehicle is re-registered. The traffic police officer accepts documents and re-registers the car, issues a new registration certificate, makes changes to the title and, if necessary, issues new registration plates.

The procedure for registering the purchase and sale of a car in 2018-2019

Buying and selling a car is a transaction as a result of which ownership of the car is transferred from one party (the seller) to another (the buyer). At the same time, car owners, as well as people just planning to purchase a car, need to thoroughly study the entire procedure for purchasing and selling a vehicle.

The procedure for registering the purchase and sale of a car in 2018-2019 includes the following steps:

Verbal agreement on all necessary details of the transaction (for example, the cost of the car, payment procedure, etc.);
Drawing up a contract for the purchase and sale of a car;
Filling out the PTS;
Transfer of funds;
Transfer of transport;
Transfer of all documents for the car;
Registration of a car with the traffic police.

A common problem for all car owners is the correct execution of documents when buying and selling a car.

There are two possible ways to transfer a car to a new owner:

General power of attorney. This method was quite common in the past, but today it has a large number of disadvantages, both for the car seller and for its buyer.
Concluding a purchase and sale agreement for a vehicle.

Registration of the contract

Drawing up an agreement is not particularly difficult, but at the same time, this matter must be approached with the utmost seriousness. The official sale of a car implies the conclusion of a transaction in written ordinary form, while the content of the contract itself is not regulated by law.

To avoid mistakes and the possibility of missing important details, it is better to use existing forms and sample contracts. You can view a sample of filling out and download the forms themselves: here or here.

It should be noted that a car purchase and sale agreement does not require mandatory notarization. Despite this, some car owners prefer this form of agreement.

Filling out the contract correctly

First, there are a few basic rules that apply to filling out all the fields in the contract:

1. It is necessary to indicate the most complete information everywhere.

2. The empty space in the column must be filled in as a dash. All columns must be filled out from the very beginning, in order to avoid the possibility of adding unnecessary information in the unfilled part of the line by another participant in the transaction.

So, about the information that the contract must contain:

In the upper left corner of the document the name of the locality where the agreement is concluded is indicated.
The date of its conclusion is written on the right.
Next, indicate the full Last Name, First Name, Patronymic of the parties to the contract (seller and buyer).
In the “Subject of the Agreement” section, all available information about the car is written on the basis of documents for it (information about the registration certificate, state registration plates, etc.).
In the “Product Price” section, the amount of the car (in numbers and words) and the payment procedure are indicated.
The “Delivery time” section specifies the time during which the seller must transfer the transport to the buyer.
Below is the address where the car will be delivered.
It is imperative to indicate all documents and items transferred to the buyer with the car.
In the “Addresses and Details” section, information about the buyer and seller is entered (full name, registration address, passport details).
After filling out the contract, you should re-read it again, and only then sign it. After it is signed by both parties, the contract is concluded and you can proceed to pay for the car.

Based on the results of the transfer of funds, the seller must put the amount and signature in the penultimate column of the contract, and the buyer must sign the last line at the time of transfer of the car.

The procedure for registering a car purchase and sale agreement at the State Traffic Safety Inspectorate

First of all, the buyer needs to study the technical diagnostic card. inspection and determine its validity period. If the card is valid, then based on it, you can issue an MTPL policy at any insurance company.

If the diagnostic card has expired, then first you will need to undergo technical testing. inspection, and only after that purchase insurance.

After insurance (receipt of the MTPL policy), it becomes possible to register the car with the traffic police.

Time frame for the above actions:

The MTPL policy is issued within 10 days.
Vehicle registration is also carried out within 10 days.

Thus, within 10 days from the date of execution of the purchase-sale agreement, it is necessary to undergo a technical inspection (in the absence of a diagnostic card), issue an MTPL policy and register the car with the traffic police department.

After this, the procedure for registering the purchase and sale of transport is considered completed, and you have the right to use the car without any claims from the traffic police.

Where to draw up a car purchase and sale agreement - necessary documents, basic rules and procedures

Where to draw up a car purchase and sale agreement? The question worries every person who sells or buys a vehicle. If you know the information about where it is better to draw up an agreement, you will be able to save your own time and eliminate the possibility of problems. In fact, competence in this matter is an additional convenience for any person who is faced with a problem.

What documents are needed to draw up a contract for the sale and purchase of a car?

Important! Please keep in mind that:

Each case is unique and individual.
A thorough study of the issue does not always guarantee a positive outcome. It depends on many factors.

To get the most detailed advice on your issue, you just need to follow any of the suggested options:

Request a consultation via the form.
Use the online chat in the lower corner of the screen.
Call:

What documents are needed to draw up a contract for the sale and purchase of a car? There are few of them:

Having active insurance is an opportunity to alleviate the buyer’s plight. The seller needs to enter the buyer (after completing the transaction) into the insurance as a person who is allowed to manage the property. The paper will be valid until a new official compulsory motor liability insurance is issued for the new owner. The law allows 10 days to issue a new policy after the transaction is completed.

Where to draw up a vehicle purchase and sale agreement?

at the traffic police;
carrying out the procedure independently;
contacting a lawyer who will play the role of mediator.

Is exit registration possible?

Is exit registration possible? Yes, you can call a specialist to carry out the transaction. This allows you to achieve precision and professionalism, comply with all formalities and guarantee the correctness of the procedure.

The price of a field agent service varies depending on the time of day and the amount of work. In most cases, the cost does not exceed 1-2 thousand rubles. In addition, the person’s travel is paid separately, as well as non-standard services that may be required (for example, verification of banknotes will cost 0.1% of the total amount).

If desired, you can involve a notary in the procedure. This is not a mandatory condition under the law, so the parties to the transaction themselves decide whether they need notarization or not. The services of a notary are regulated by him and can amount to (only provided that the transaction amount does not exceed one million rubles; in other cases, the lawyer’s remuneration is individual and is discussed by a specialist with each client personally):

0.5% -1% of the amount;
2000 rubles + 0.3% of the amount.

Additional costs include technical and legal work of a notary.

Procedure for selling a car

The procedure for selling a car is simple. All details of the transaction, its terms and amount must first be agreed upon by the participants in person. Both parties to the transaction jointly decide how they will carry out the procedure: independently or with the help of an intermediary. By the way, checking the car for “cleanliness” is carried out at the same stage. To do this, you should contact the traffic police MREO, where a similar service is offered.

After this, you need to clarify the basic technical rules regarding the transaction itself:

The purchase and sale procedure is considered completed after the car is registered with the traffic police in the name of the new owner.

Registration of PTS when buying and selling a car

If a legal entity took part in the transaction, then its seal will be required. All other fields are filled in by the traffic inspector at the time of vehicle registration. In principle, everything can be filled out in the MREO directly when registering the vehicle, but the signature of the former owner must already be there.

How to register a car with the traffic police after purchasing it under a contract?

The last step must be done correctly. In particular, you must have documents and statements with you. The traffic police inspector must inspect the car. Then new documents will be issued.

Remember that MREO services are not free. Their price is fixed:

You need to check the car for cleanliness in advance. If troubles “pop up” at the time of registration, this will create problems. By the way, it is advisable to check the authenticity of the seller’s passport before signing the contract.