Mandatory terms of a car purchase and sale agreement

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Car purchase and sale agreement

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Relations related to the purchase and sale of cars *(1) are regulated by the general provisions of the Civil Code of the Russian Federation on purchase and sale, and, if there are appropriate grounds, also by the norms of paragraphs 2 or 3 of Chapter 30 of the Civil Code of the Russian Federation. The fact that the subject of the purchase and sale is a vehicle essentially does not affect in any way the content of the purchase and sale agreement, the procedure for its execution, or the consequences of its violation. The specificity of vehicles as a type of property determines only the choice of methods and characteristics by which a specific vehicle is individualized, as well as the need to comply with administrative procedures unrelated to the sale and purchase, related, in particular, to the admission of a vehicle to participate in traffic. However, certain features inherent in the purchase and sale of vehicles can still be highlighted.

Vehicles (with the exception of those mentioned in paragraph 1 of Article 130 of the Civil Code of the Russian Federation that are subject to state registration and equivalent to real estate vessels) are movable property. The law does not provide special requirements for the form of contracts for the sale and purchase of vehicles (including compliance with the notarial form), therefore in this part the general provisions on the form of the transaction apply to them (clause 1 of Article 434 of the Civil Code of the Russian Federation). Consequently, contracts for the purchase and sale of vehicles between legal entities and individual entrepreneurs among themselves and with citizens, regardless of the amount of the transaction, can be concluded in simple written form or, by agreement of the parties, in notarial form. In addition, formally, the Civil Code of the Russian Federation allows such agreements to be concluded orally, if their parties are individuals who are not entrepreneurs, and the price does not exceed 10,000 rubles (Articles 158, 159, 160, 161 of the Civil Code of the Russian Federation, see also the decision of the Supreme Court of the Russian Federation dated 07/02/2014 N AKPI14-582).

The essential terms of a car purchase and sale agreement include, firstly, a condition on the subject of the agreement, which is considered agreed upon if the agreement allows the name and quantity of the goods to be determined, and secondly, other conditions regarding which, at the request of one of the parties, must be achieved agreement (clause 1 of article 454 and clause 3 of article 455, clause 2 of article 465, clause 2 of article 307, clause 1 of article 425, clause 432, clause 433 of the Civil Code of the Russian Federation). In practice, in order to individualize a vehicle, the contract includes an indication of the make and model of the car, identification number (VIN), color, vehicle passport details, category and type of vehicle, year of manufacture, body type and number, chassis number, model, number and engine power, environmental class, color, permitted weight, registration plate, etc. If necessary, the contract may also indicate other information about the car: for example, whether it is new or used, a list of existing deficiencies (clause 1 of Article 475, clause 1 of Article 503 of the Civil Code of the Russian Federation), the presence of encumbrances, etc. .*(2)

The commonly used method of transferring a car to another person, accompanied by the issuance of a power of attorney to drive and dispose of the vehicle (“general power of attorney”, etc.), is not equivalent to the consequences of executing contracts of sale or gift. The issuance of a power of attorney does not entail the transfer of ownership of a vehicle belonging to the person who issued the power of attorney. A power of attorney may, in particular, grant the person to whom it is issued the right to dispose of the vehicle at his own discretion (including selling or donating). However, until this power is exercised, the owner of the car remains the person who issued the power of attorney, who can revoke it at any time (clause 2, clause 1, article 188 of the Civil Code of the Russian Federation).

The transfer of the vehicle to the buyer is carried out without any special features and in practice is accompanied by the execution of a transfer document drawn up in any form, necessary primarily to confirm the fact of the transfer of the car. Along with the car, the seller is obliged to transfer to the buyer the documents related to it (technical passport, operating instructions, etc.) provided for by law, other legal acts or agreement (clause 2 of Article 456 of the Civil Code of the Russian Federation). In relation to a vehicle, such a document is, in particular, a vehicle passport (see Resolution of the Council of Ministers - Government of the Russian Federation dated May 18, 1993 N 477, order of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Industry and Energy of the Russian Federation and the Ministry of Economic Development of the Russian Federation dated June 23, 2005 N 496/192/134 ).*(3) Unless otherwise provided by the contract, failure by the seller to fulfill the obligation to transfer this document allows the buyer to set a reasonable period for transfer, and if the vehicle passport is not transferred within this period, to refuse the goods (Article 464 of the Civil Code of the Russian Federation). Let us note that the above rule is not special in relation to cases where, due to improper fulfillment by the seller of the obligation to transfer the vehicle’s passport along with the car, the buyer suffered losses, and does not exclude the possibility of applying to the seller the penalties provided for by law. In particular, in relations involving consumers, the seller’s failure to comply with the buyer’s request to transfer the vehicle’s passport gives the buyer the right to demand from the seller payment of the penalty provided for in paragraph 3 of Art. 23.1 of the Law of the Russian Federation dated 02/07/1992 N 2300-I “On the protection of consumer rights” (determination of the IC in civil cases of the RF Armed Forces dated 01/10/2017 N 41-KG16-44).

Neither the contract for the sale and purchase of a car, nor the rights to the car (their origin or transfer) require state registration. Registration of vehicles *(4) is carried out only for the purposes of administrative regulation, such as the admission of cars to participate in road traffic, and is not a necessary condition for the acquirer to acquire ownership of the vehicle (see, for example, the resolution of the Twelfth AAS dated 19.02. 2016 N 12AP-12028/15, the second AAS dated 01.10.2015 N 02AP-7497/15, sixth AAS dated 12.04.2016 N 06AP-956/16, the thirteenth AAS of 13.11.2015 N 13AP-20976/15, fourteenth, fourteenth, fourteenth AAS dated 06/01/2015 N 14AP-2300/15).

*(1) Within the framework of this material we are talking about motor vehicles subject to registration with a displacement of an internal combustion engine of more than 50 cubic meters. cm or a maximum electric motor power of more than 4 kW, as well as a maximum design speed of more than 50 km/h and trailers for them intended for driving on public roads (clause 1 of the Rules approved by order of the Ministry of Internal Affairs of the Russian Federation dated November 24, 2008 N 1001 “On procedure for registering vehicles").

*(2) Let us recall that from July 1, 2014, information about the pledge of movable property can be included in the register of notifications about the pledge of movable property (Article 103.1 of the Fundamentals of the Legislation of the Russian Federation on Notaries dated February 11, 1993 N 4462-I, https://www.reestr -zalogov.ru/). The register information is open, so the buyer of a car has the opportunity to check before concluding a transaction whether the property he is purchasing is pledged. And the pledgee of a car in relations with the buyer has the right to refer to the existence of the right of pledge only if the notice of the pledge of the car is registered in the register of notifications of pledge of movable property, except in cases where the buyer knew or should have known about the existence of the pledge earlier than the moment of registration such notification in the register (paragraph three of paragraph 4 of Article 339.1 of the Civil Code of the Russian Federation, see, for example, the resolution of the Seventeenth AAS dated 09/04/2015 N 17AP-9182/15, the decision of the Investigative Committee for civil cases of the Novosibirsk Regional Court dated 02/26/2015 in case N 33-1481/2015, appeal rulings of the Moscow City Court dated 03/16/2016 N 33-8376/16, IC for civil cases of the St. Petersburg City Court dated 02/08/2016 in case N 33-2161/2016).

*(3) When the owner of a car changes, information about the new owner is entered into the vehicle passport (clauses 4, 16, 50.2 of the Regulations on vehicle passports and vehicle chassis passports, approved by a joint order of the Ministry of Internal Affairs of the Russian Federation, the Ministry of Industry and Energy of the Russian Federation and Ministry of Economic Development and Trade of the Russian Federation dated June 23, 2005 N 496/192/134).

*(4) See paragraph 3 of Art. 15 of the Federal Law of December 10, 1995 N 196-FZ “On Road Safety”, Basic provisions, approved. Decree of the Government of the Russian Federation of October 23, 1993 N 1090, Rules, approved. by order of the Ministry of Internal Affairs of Russia dated November 24, 2008 N 1001 Administrative Regulations, approved. by order of the Ministry of Internal Affairs of Russia dated 08/07/2013 N 605.

Essential terms of the purchase and sale agreement under the Civil Code of the Russian Federation

The essential terms of a purchase and sale agreement - the Civil Code of the Russian Federation defines them in a general form for all contracts of this group, therefore, in practice, sometimes difficulties arise in determining the mandatory conditions that must be included in the contract. In this regard, it would be logical to consider not only the generally designated essential conditions for all sales and purchase transactions, but also the most complex and common cases of transactions of this kind - this is what we will do in our article.

What terms of the purchase and sale agreement are essential?

The main legislative act regulating legal issues of transactions, including the purchase and sale of any property, is the Civil Code. Chapter 30 of this normative act is devoted specifically to contracts of this kind.

The general concept of an essential term of the contract is given in paragraph. 2 p. 1 art. 432 and includes 3 groups of conditions:

1. Allowing the identification of the item referred to in the contract (i.e., the property to which the parties desire to make a purchase and sale is directed).

2. Indicated as such by legislative or by-law.

3. Voiced by one of the parties as fundamentally important, although not provided for by law as mandatory.

The last group refers to essential conditions due to the fact that if they are not included in the text of the agreement, the will of the parties to the transaction will not coincide, which impedes the principle of voluntariness in transactions.

In addition to the Civil Code, the mandatory (and in the legislator’s terminology, essential) terms of the contract, depending on its subject, are established by many different legal acts, including:

• Forest Code - in relation to the purchase of forest plantations;
• Law “On Electric Power Industry” dated March 26, 2003 No. 35-FZ - under contracts for the supply (i.e. sale) of electrical energy;
• Law “On the Fundamentals of Tourism Activities...” dated November 24, 1996 No. 132-FZ - when selling tourism products;
• laws “On water supply and sanitation” dated December 7, 2011 No. 416-FZ and “On heat supply” dated July 27, 2010 No. 190-FZ - regarding the supply of relevant utilities, etc.

According to the general rule, the requirement to include essential conditions in the purchase and sale agreement is considered fulfilled if the parties named the property being sold and indicated its quantitative characteristics (clause 3 of Article 455 of the Civil Code).

Basic and essential terms of the car purchase and sale agreement

Transactions for the sale and purchase of cars (as well as other transport units falling under the jurisdiction of the State Traffic Inspectorate) are regulated, in addition to the Civil Code, by the departmental administrative regulations for the registration of motor vehicles, approved by Order of the Ministry of Internal Affairs dated 08/07/2013 No. 605 (hereinafter also referred to as the Regulations). This circumstance is caused by the peculiarities of control over the subject of the transaction (car) by the state and the need to register it in connection with a change of owner.

Yes, para. 2 subp. 15.5 clause 15 of the Regulations establishes a list of mandatory (or essential) conditions that must be contained in a written contract for the sale of a car. These include:

• information about the place and date of drawing up the contract;
• information about the car (which is the subject of the transaction), allowing it to be identified, including make, model, engine, chassis, body numbers, weight, production date, etc.;
• information from the car’s passport (date of issue, license plate information);
• registration plate, if available;
• sale price of the vehicle;
• identification data of the parties: full name, name (if the party is an organization), place of registration, passport details, etc.

In addition to these mandatory conditions, it is rational to include others (basic ones) in the contract, for example:

• indicating the moment of transfer of the car to the new owner;
• method (cash, bank transfer, etc.) and terms (before transfer or after) payment;
• warranty obligations;
• vehicle completeness (including peripherals, maintenance equipment, etc.).

Mandatory conditions of the apartment purchase and sale agreement

With regard to contracts for the purchase and sale of residential premises (they belong to the category of immovable objects, transactions for their sale and purchase are regulated by § 7 of Chapter 30 of the Civil Code), the legislation establishes 4 mandatory conditions that should be included in the contract (otherwise it cannot be considered concluded):

1. Description of the subject of the contract, allowing it to be unambiguously identified (Article 554 of the Civil Code).

2. Personal data of the parties (clause 50 of the Procedure for maintaining the Unified State Register of Real Estate, approved by Order of the Ministry of Economic Development dated December 16, 2015 No. 943). For a buyer - a Russian citizen, for example, it is necessary to indicate his full name, place and date of birth, SNILS, citizenship and passport details.

3. List of persons who retain the right to use the apartment being sold even after its sale (clause 1 of Article 558 of the Civil Code).

4. The cost at which the transaction is carried out (paragraph 2, paragraph 1, article 555 of the Civil Code).

In order to avoid conflict situations and possible disruption of the transaction, it is advisable to indicate other important conditions, be it the period of transfer of property or funds, the method of their transfer, possible risks, etc. However, the presence/absence of these additional conditions. conditions in the contract do not affect its validity - the main thing is that all essential ones are present.

What mandatory conditions of a contract for the retail purchase and sale of goods are determined by the Civil Code?

Retail purchase and sale is one of the most common transactions in civil transactions. Even ordinary citizens encounter it almost every day, but very rarely it is carried out in written form. At the same time, the Civil Code in this case also provides for essential conditions, without reaching an agreement on which the contract cannot be considered properly concluded.

These include:

• complete information about the product, which in this case is the subject of the contract (clause 1 of Article 495 of the Civil Code);
• the price of the transaction, i.e. the product itself (clause 1 of Article 500 of the Civil Code);
• the conditions stated by either party on which an agreement must be reached before the conclusion of the contract, for example, a longer period of return than established by law (paragraph 2, paragraph 1, article 432 of the Civil Code).

Thus, any purchase and sale agreement, regardless of the category of property being sold, can be considered concluded only if it specifies all the essential conditions established for it by the Civil Code of the Russian Federation and other legislative by-laws governing the execution of transactions in relation to various types of property. By virtue of clause 3 of Art. 455 of the Civil Code, in any case, the only obligatory condition is a description of the product, thanks to which it is possible to individualize the object of sale. Other essential conditions are different and are determined depending on the type of property being purchased and sold.

Essential terms of the vehicle purchase and sale agreement

The exact name of the subject of the contract, its quantity, parameters and characteristics are the main requirements for indicating that the contract has legal force. For a car purchase and sale agreement, it is of paramount importance to correctly fill out all its clauses, license plate details and car markings. Violation of this condition is excluded. Mandatory details of the contract must contain: date, place of signing, passport details of the parties, full designation and characteristics of the car, according to the registration certificate. The sale price and the list of documents transferred to the buyer are indicated. Blank lines are indicated by a dash. Filling out the agreement is permitted with a blue pen, in one hand. The procedure for concluding such an agreement in 2019 was somewhat simplified after the amendments to the Order of the Ministry of Internal Affairs No. 605 of 08/07/2013 came into force.

The new mandatory terms of the car purchase and sale agreement are aimed at fulfilling the following rules:

• When selling, the vehicle does not need to be deregistered. According to the new rules, it is enough for the contract signed by the seller and the buyer, the execution of an act of transfer of the car and amendments to the PTS data (re-registration) for the new owner. The amendment to the law excludes the period when the car is not registered, therefore, transport tax is not charged. The previous license plates can be issued to the car buyer or new ones can be obtained. Certification of the contract by a notary is no longer necessary.
• Transit numbers are needed if the vehicle leaves the territory of the Russian Federation. Previously, transit numbers were issued when the seller deregistered the car. Now the procedure has been simplified.
• The traffic police department for registering the new owner of the car can be chosen at his discretion; no registration required at the place of registration of the car. The buyer of the car must come to the MREO no later than 10 days to re-register the car in his name, but he can choose a branch. When replacing car license plates, the numbers of the region in which the new owner of the car is registered are issued.
• The car cannot be registered to a minor or incompetent person. Previously, unscrupulous car owners evaded taxes and fines by registering the car to this category of persons.

Additional conditions when concluding a contract

The mandatory terms of the vehicle purchase and sale agreement come into effect when the agreement is signed by both parties, i.e. upon their agreement. Along with this, a car purchase and sale agreement with additional conditions may not specify certain points and parameters. Obligations regarding these conditions are fulfilled on the basis of existing legislative acts when concluding an agreement and do not require the consent of the parties. Additional conditions include the terms of the contract (term of payment or transfer of the item of sale), price and method of payment. According to Art. 314 Civil Code, paragraph 2, if there is no information in the contract about a specific date, the parties must fulfill their obligations within a reasonable time. Additional terms of the contract also include completeness of the item of sale, quality guarantee, and insurance. If the written agreement does not detail the requirements for these conditions, then the obligations of the seller and the buyer apply on the basis of regulations on these issues. When preparing the contract, it is recommended to discuss whether additional equipment and accessories will be transferred along with the car. A detailed designation in the contract of the items to be transferred will clarify the relationship between the parties. A radio, alarm, fire extinguisher, battery, and other spare parts can be sent along with the vehicle. Specifying additional conditions in the contract affects the implementation of the obligations and rights of both parties. The absence of information on these points in the contract is not an obstacle to its conclusion.

Important points that should be clarified by the car buyer

Before executing a contract for the sale and purchase of a car, the buyer can check whether the conditions of legal sale have been met. Receiving information that the car is not listed as wanted or pledged will help you be confident in the reliability of the transaction. You should also check the availability of a valid MTPL policy and maintenance diagnostic card. It would not be superfluous to clarify the absence of unpaid fines and look at payment receipts. An essential condition of the car purchase and sale agreement is the exact designation of the name in the documents to enable its identification. The buyer must receive and verify the details of the documents that are transferred to him upon sale. This is a certificate of car registration, title and MTPL insurance policy with a record of a change of owner. When purchasing a car purchased on credit, you need a certificate of repayment of the debt by the previous owner. Since the essential terms of the car sale agreement must be agreed upon in advance, the buyer should clarify that there are no possible obstacles to registering the vehicle. When making changes to the design of the vehicle specified in the factory certificate, a document on changes in the design of the vehicle must be drawn up. This could be gas equipment or heavily tinted windows. Without a document confirming the registration of structural changes, the buyer will not be able to register the car in his own name.

A thorough check of the documents and technical condition of the car, a well-executed purchase and sale agreement will guarantee confidence when purchasing a vehicle.

Important aspects of the transaction: everything you need to know about the essential terms in the car purchase agreement

A vehicle purchase and sale agreement will not enter into legal force if essential conditions are not specified in it. These are conditions on the subject of the contract, conditions that are named in the law or other legal acts as essential or necessary for contracts of this type, as well as all those conditions regarding which, at the request of one of the parties, an agreement must be reached.

Legal issues related to purchase and sale transactions are regulated by the Civil Code. The general procedure is prescribed in Article 454 of the Civil Code of the Russian Federation. According to clause 1, the seller undertakes to transfer into possession, and the buyer to accept, the property for use with payment of the agreed amount.

Essential points of the agreement

The Civil Code of the Russian Federation does not provide specific rules for regulating such transactions.

The document is considered valid if it indicates the name and quantity of the property being sold. (Clause 3 of Article 455 of the Civil Code of the Russian Federation). Therefore, an essential condition in the document for the purchase and sale of a car is the subject of the contract (Article 432 of the Civil Code of the Russian Federation).

Article 455 of the Civil Code of the Russian Federation. Conditions of the contract for the goods

1. The goods under a sales contract can be any thing in compliance with the rules provided for in Article 129 of this Code.
2. An agreement may be concluded for the purchase and sale of goods available to the seller at the time of conclusion of the agreement, as well as goods that will be created or acquired by the seller in the future, unless otherwise established by law or follows from the nature of the goods.
3. The terms of a purchase and sale agreement regarding a product are considered agreed upon if the agreement allows the name and quantity of the product to be determined.

Mandatory requirements for the document

The following conditions are basic when drawing up a document:

1. Information about the date and place of drawing up the document.
2. The exact name of the transferred vehicle, its characteristics. Data from the car's passport.
3. Contract price.
4. Identification data of the seller and buyer: full name, passport data, registration information and others.
5. The conditions that were voiced by one of the parties to the transaction as important (Article 432 of the Civil Code of the Russian Federation). This may be warranty information about the quality of the product or a number of other documents.

Subject of the agreement

Includes characteristics of the transferred vehicle:

• brand;
• model;
• vehicle category;
• body type;
• color;
• engine power;
• vehicle passport;
• and others.

After reading the document, there should be no questions or doubts about which car we are talking about. It is also necessary to fill out the details of the vehicle registration certificate. In order for the contract to be valid, all lines in it are filled out completely.

Value of movable property

1. The contract must indicate the amount for which the vehicle is purchased.
2. If the sale is carried out in foreign currency, indicate the ruble exchange rate according to which the conversion will be carried out.
3. Also specify the time frame for payment of funds.
4. If the contract does not contain information about the specific date of receipt and transfer of funds, the parties are obliged to fulfill their obligations within a reasonable time. (Article 314 of the Civil Code).
5. Indicate how the payment will be made, cash or non-cash funds.

We talked about what price of the car should be indicated in the contract and whether it should be underestimated in a separate article.

In conclusion, we note that the agreement will enter into legal force only if it specifies the essential conditions provided for by the civil code and other legislative acts. Clearly formulated and correctly executed essential conditions will help to avoid problems with the transaction.

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Car purchase and sale agreement

Independent execution of a car purchase and sale agreement is usually required when purchasing a used car second-hand. The contract is drawn up in writing in several copies, it describes the data of the parties, the conditions for purchasing the car, all the main parameters, damage, license plates and other data. In addition, when writing a contract, you should take into account changes in legislation and the rules for registering a car with the state.

Car purchase and sale agreement: mandatory conditions

Experts recommend using official forms as a contract for the sale of a car, which only need to be filled out by hand and signed by both parties. The contract does not require notarization. The car purchase and sale agreement must include:

1. personal data of the buyer and seller - full name, residential address and registration address, number and series of identification document, telephone number;
2. identification data of the vehicle - make and model of the car, year of manufacture, color, engine number, chassis, body;
3. vehicle passport details;
4. confirmation that the vehicle is not pawned and is not involved in a dispute;
5. information about an accident involving a car;
6. data on major repairs, damage and defects of the vehicle;
7. negotiated price of the car;
8. signatures of the parties.

Important! More often, a car purchase and sale agreement is drawn up in two copies - one for the buyer and one for the seller. However, this is not entirely the right decision, because one contract (of the buyer) will be transferred to the traffic police and in case of problems the document may not be available, so lawyers recommend drawing up the document in triplicate.

Registration of a car purchase and sale transaction: important nuances

When purchasing a car, the buyer needs to carefully check all the license plates so that there are no misunderstandings in the future - traffic police specialists will immediately assess the readability of the vehicle license plates, including those indicated on the body and engine. If the symbols are illegible, a forensic examination may be required to determine whether the numbers match the documents, for which the future owner of the car will have to pay separately. The contract must reflect all changes that have been made to the car - engine replacement, installation of gas equipment, etc. Make sure that appropriate changes are also made to the PTS. Experts recommend indicating in the sales contract the real value of the vehicle, that is, the amount that the buyer transfers and the seller receives, which will also further help the parties protect their rights and interests in case of trouble.

Download the car purchase and sale agreement form 2015

List of documents for execution of the contract

To conclude a vehicle purchase and sale agreement, the parties must have the following documents with them:

• passport of the seller and buyer;
• vehicle passport and other documents for the car;
• For legal entities, it is mandatory to have the organization’s seal and details.

Important! The seller is obliged to provide the buyer with the opportunity to inspect the car before execution of the contract, including, the inspection can be carried out with the involvement of a third party - a car service, an independent examination, etc. In this case, the buyer pays for the services of specialists.

Special situation – purchase and sale of a car by a representative

If the vehicle is being sold by the owner's representative, the buyer should be especially careful. Before completing the transaction, the seller's representative must provide the buyer with a notarized power of attorney to carry out transactions with the specified car. In addition, it is not the buyer himself who can buy a car, but his representative. In this case, his name is included only in the purchase and sale agreement, but not in the documents for the car. The buyer's representative must also have a power of attorney to purchase the car, issued by the person who will become the owner of the car, and certified by a notary. In any case, the future owner buys the car personally or through a representative, and the registration of the vehicle falls on his shoulders. It is worth noting that previously the new owner of the car had to register it with the traffic police within 5 days, now in accordance with the Decree of the Government of the Russian Federation No. 1156 of November 12, 2012, the vehicle can be registered within 10 days.