Drawing up a car purchase agreement yourself
Drawing up a car purchase and sale agreement
Any car does not last forever. Therefore, all car owners will someday be faced with the issue of selling and purchasing a car. Every car enthusiast should know how to independently draw up a car purchase and sale agreement. Moreover, since 2014, notarization of a transaction is not required by law. This makes it possible to save money spent on legal procedures when carrying out documentary support of the transaction.
Sample form of a car purchase and sale agreement. You can fill it out yourself
It seems that drawing up a car purchase and sale agreement does not contain anything complicated. Theoretically, everything is clear and simple, but in practice many contracts are drawn up incorrectly. The fact is that many car owners do not take into account the changes that occurred in 2013 in the procedure and rules for vehicle registration. In fact, there are certain differences from the previously adopted regulations for the preparation of documents.
And the main thing here is that now there is no mandatory condition for notarization of the authenticity of a document drawn up by both parties on the transfer of ownership of transport (Civil Code Art. 454; Civil Code Art. 163 clause 1). It can be drawn up on the basis of a standard contract in accordance with the requirements of Art. 454 Civil Code of the Russian Federation.
Standard execution of a car purchase and sale agreement and its features
Filling out a standard car purchase and sale agreement does not present much difficulty if you pay close attention to this issue. Russian legislation does not establish any strict requirements for the content and form of the agreement. It is still recommended to adhere to a generally accepted standardized template so as not to miss the main necessary details and conditions of the transaction being concluded. It provides minimal guarantees for the correct execution of the contract.
A bilateral agreement, written by hand and signed by both parties, has full legal force. However, if there are any doubts about the sincerity of the opponent or any additional terms of the transaction on his part, then it is better to resort to the participation of a third party in drawing up the contract - a lawyer who will act as a witness or a regulatory authority in the event of possible disputes arising after its conclusion. A lawyer's services cost a hefty sum, ranging from 1 to 2% of the car's sales price.
To officially formalize a contract for the purchase and sale of a car in accordance with the requirements of the law, it is necessary to draw up a so-called simple contract in writing or a purchase and sale form. A formal form written by hand or executed on a computer is examined by the parties and sealed with their signatures.
The contents of the document must convey the meaning of the transaction being made, which is defined in clause 1 of Article 454 of the Civil Code of the Russian Federation. According to this definition, a purchase and sale agreement is an agreement between two parties in which one of them undertakes to transfer to the other party the personal possession of a product (car) in exchange for a certain amount of money.
Video: Car purchase and sale agreement. How to fill out a purchase and sale agreement yourself
Where can I draw up a purchase and sale agreement?
- The contract can be drawn up independently (by the seller and the buyer) and written by hand or on a prepared form.
- You can register it legally with a notary, which will require additional costs.
- You can fill out the DCP directly at the traffic police department.
To complete a transaction for the sale of a car between two individuals, you will need to have their passports and the vehicle's title and vehicle registration certificate. If a car purchase and sale agreement is drawn up between a private individual and an enterprise, then you will need the passports of the head of the organization or authorized representatives, powers of attorney, details and the seal of the institution.
In the event that a third party who is not the owner of the vehicle participates in the transaction as one of the parties, the name of the intermediary is not recorded in the title of the vehicle. In this case, the transaction being carried out will be legal if such an intermediary has the owner’s power of attorney to carry out trade operations with this vehicle, which must be properly formalized. A power of attorney from a private person is certified by a notary, and a power of attorney from an organization is certified by its official seal and the signature of the director.
The authorized person signs the contract on his own behalf, but he does not become the owner of the car upon purchase. The name of the principal is included in the technical passport of the car. In all cases, registration of purchased vehicles is the responsibility of the buyer. Moreover, it must be carried out at the traffic police within the next 10 days after the transaction is completed (Resolution of the PRF No. 1156 of November 12, 2012), whereas previously it was necessary to register the purchase 5 days after the execution of the contract.
If the parties to the transaction are two legal entities, then the details of these organizations are entered in the columns of the contract form describing the parties. The transaction is actually made between representatives of these institutions, who are authorized to perform this act on the basis of powers of attorney issued to them. The power of attorney must necessarily indicate the price, license plate number or make of the car being sold or purchased.
Please take into account the fact that after completing the purchase and sale agreement, the car must be registered with the traffic police. The fine for overdue registration of a car (10 days from the date of purchase or the validity period of the TRANSIT registration plate) for individuals ranges from 1,500 to 2,000 rubles, for legal entities - from 5,000 to 10,000 rubles. In addition, driving a car without registration is also subject to a fine - from 500 to 800 rubles.
Video: How to fill out a car purchase and sale agreement? Example, form, sample 2015
Detailed instructions for filling out a sample purchase and sale agreement form
A standard form for a car purchase and sale agreement can be downloaded right now. You can print it out and fill it out on your computer, or fill it out yourself with a pen.
We carefully fill out the fields given on the form and indicated with explanatory text, sequentially from top to bottom. First, the first line contains the name of the city where the transaction is made and the date it was completed. Further, in the initial clause of the contract, information about the parties entering into the transaction as seller and buyer is recorded. The following information about the individual is indicated here:
Details of the seller and buyer in the car purchase and sale agreement
- Full name;
- address of permanent or temporary registration;
- passport data – series, number, date and place of issue of the document.
The left part of the form is reserved for the seller’s data, and the right part is for the buyer’s data. On other forms, the top paragraph is reserved for recording information about the seller, and the bottom paragraph is for filling out information about the buyer.
The second clause of the agreement concerns the subject of the transaction. Data about the car being sold is entered here. Information from the vehicle registration certificate is indicated here, namely:
Specify car details in the contract
- type, make of vehicle and its model;
- transit numbers (if available);
- Vehicle VIN;
- date of manufacture;
- numbers of the power unit and chassis (if the chassis does not have a number, then “absent” is written in the corresponding line);
- body color according to the automotive color palette specified in the registration certificate and its number;
- information about the technical passport of the vehicle: series, document number, date and place of issue.
The obligations of the parties regarding the transfer and acceptance of the subject of the auction and monetary compensation are also indicated here.
The next item indicates the contract price of the car in digital terms and in words. In another form of a purchase and sale agreement, separate paragraphs indicate the obligations and responsibilities of the parties, the procedure for payment and dispute resolution, and the terms of the agreement. The final line of the form is the signatures of the parties, certifying the fact of transfer of transport and money to each other, unless otherwise agreed in the contract. Signatures are placed before the corresponding surnames with the initials of the representatives of the parties written at the bottom of the form.
After signing the vehicle's contract, you must issue a title. Check that there is free space in the title to make an entry about the new owner. The former owner of the car fills out six columns by hand, indicating the name of the owner, address, date of sale, and number of the sales contract. The signatures of the old and new owner of the car must be present.
The procedure for transferring car keys with PTS and STS in exchange for a sum of money is carried out after filling out and agreeing on all points of the DCP before signing it, unless a different procedure is discussed in it. After this, the drawn up agreement is signed by both parties. The date of signing the document is indicated below.
After drawing up and signing the contract, the buyer must carry out a technical inspection of the car if the diagnostic card has expired (this must be taken into account when writing the contract), then buy a compulsory motor liability insurance policy and register the car at the traffic police department. The buyer is given 10 days to purchase new insurance (Federal Law dated July 21, 2014 N 223-FZ (as amended on June 4, 2018)), or the former owner enters the new owner into the MTPL policy for the duration of the insurance. The buyer registers the car independently, without the participation of the former owner.
The most common mistakes when writing a car registration document
1. The form is partially printed and partially filled out by hand. This common error occurs due to the fact that the party preparing the text of the contract (mostly the seller) fills out his data on the computer, but leaves the columns concerning the other party blank and prints the form. Next, when meeting with the buyer, he enters his information manually. Such combination of text on the form is unacceptable; either a completely printed text or a completely handwritten document is required.
Video: Fraud when buying and selling a car
2. When filling out the form you should:
- provide as much information as possible in all columns;
- start entries from the very beginning of the column to prevent the possibility of subsequently entering inconsistent information. Place a dash in the remaining part of the column. Fill in several empty lines with a zigzag dash;
3. When drawing up a document by hand, the following is required:
- exclude corrections and blots;
- Notes should be taken with a blue ballpoint pen; writing with colored pens or black is not allowed.
4. The car purchase and sale agreement should be drawn up in three copies:
- copy for yourself;
- copy to the other party;
- a copy to the traffic police for car registration.
Precautions when drawing up a car purchase and sale agreement
For those who are buying or selling a car for the first time, it would be a good idea to take the following precautions:
- Be sure to check the car for arrest and restrictions before purchasing;
- Be sure to check the car for collateral with the bank in the collateral register.
- ask an experienced specialist to help you choose a purchase or hire an appraiser;
- when purchasing a car with gas equipment, do not forget to request a document confirming its installation, without which there will be problems with registering the car with the traffic police;
- if the car being sold was recently insured, the seller may ask the insurance company to recalculate the insurance in favor of another new car;
- ask the other party for a receipt that there are no claims against you and draw up an act of transfer of the car with the participation and signature of two witnesses. They will be needed to record its technical condition at the time of transfer and resolve conflicts in the future if any malfunctions are discovered after purchase.
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.
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.
Content
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!
How to draw up a car purchase and sale agreement
If a car changes ownership, this must be registered by law. The only way to do this is to enter into a purchase and sale agreement, in which the seller receives the money and the buyer receives the car. After this, the buyer independently goes to the traffic police to register the car. This is impossible without a purchase and sale agreement.
The purchase and sale agreement protects the interests of the seller and buyer of the car. If it is drafted correctly, in many cases you can avoid loss of money and litigation.
What will you learn
And here is the contract form itself
It can be filled out on a computer and printed in triplicate, or you can simply print out a blank template and fill it out by hand.
What the law says
The law does not have clear requirements for a car purchase and sale agreement; it must simply comply with the requirements of the civil code. The contract must contain information about the obligation to transfer the car from one owner to another, and the transaction amount must be indicated.
It is not necessary to have the contract certified by a notary, but if the seller or buyer wants to have it certified, this is not prohibited. You can also ask a lawyer to draw up an agreement, but you will have to pay for all these services.
General rules for drawing up a contract
The agreement must be drawn up in three copies. One remains with the seller, the other two will be taken by the buyer. The buyer will give one of them to the traffic police officers when registering the car.
The agreement can be written by hand or printed. It is better to fill out the agreement with one hand: if one of the parties has claims in the future, such an agreement will be more difficult to challenge.
What documents will be needed for registration?
You will need the buyer's and seller's passports, registration certificate and vehicle registration certificate. It is necessary.
An MTPL policy and a valid diagnostic card are not required when concluding a purchase and sale agreement, but the buyer will have to arrange them independently. The MTPL policy issued to the new owner will be needed by the traffic police to register the car. It is not necessary to provide a paper version of the policy: the traffic police officer will independently check its availability.
The seller can contact his insurance company and cancel the insurance contract in connection with the sale of the car. In this case, he will be refunded the money for the period when he was not the owner of the vehicle.
Most often, the car is sold with state license plates, but you can do without them. This is possible if you purchase a new car at a car dealership or a car that the seller has already deregistered. In this case, data on state license plates is not included in the purchase and sale agreement.
Where and how can you draw up a car purchase and sale agreement?
The presence of third parties when drawing up an agreement is not necessary. The personal participation of the seller and buyer is sufficient.
Notarization of such agreements is not required. But if one of the parties decides to have the car purchase and sale agreement certified by a notary, the other party to the transaction has no right to refuse. True, certification of the contract by a notary will not be an absolute guarantee for the parties to the transaction.
There are also situations when the vehicle is joint property purchased after marriage, or has several owners. In this case, the participation of the second spouse or all owners is necessary. Otherwise, the purchase and sale agreement can be challenged.
In the case of spouses, the family code assumes that the sale of property by one of the spouses occurs with the consent of the second, but at the same time reserves the right for the second spouse to challenge the transaction. So it's better to be safe. The notarized consent of the second spouse is not required: a receipt on the back of the sales contract stating that the second spouse is not against selling the car will be sufficient.
You can write the receipt in your own words, there is no special form
Design features and special cases
If you buy a new car at a car dealership. Typically, the contract on behalf of the car dealership is signed not by the owner of the car, but by an employee of the car dealership. The buyer needs to clarify in advance whether the seller has a power of attorney to sign contracts, and require a copy of it to be attached to the purchase and sale agreement.
It is also worth paying attention to the validity period of such a power of attorney. If the period has expired, the contract can be challenged.
The signature of the company representative must be certified by a seal.
In this case, in the “seller” column, indicate the details of the legal entity that sold the car and the representative authorized to enter into a purchase and sale agreement.
If the car is sold in installments. Installment payments when purchasing a car are acceptable. In this case, the purchase and sale agreement indicates that the cost of the vehicle has not been paid in full, and specifies the payment procedure, repayment terms and the amount of the monthly payment.
Also, the contract should include a provision that the seller can withdraw from the contract and demand the return of the vehicle if the buyer does not pay within the period specified in the contract. But if the amount of payments received from the buyer exceeds half the price of the goods, it is no longer possible to demand the return of the car - you will have to seek completion of payments through the court.
If you sell a car that was inherited. If the heir does not want to register the car in his name with the traffic police, but wants to sell it immediately, he can do so. But for this you will need to obtain a certificate of inheritance from a notary.
Is it possible to sell a car by proxy?
Several years ago, when the purchase and sale procedure was more complicated, selling a car under a general power of attorney was popular - when, instead of a purchase and sale agreement, the seller simply issued a general power of attorney to the buyer.
Today there are no visible advantages to such a sales scheme. For both the seller and the buyer, selling by proxy carries more risks. The seller remains the actual owner of the car and bears all responsibilities for paying fines and taxes, and the buyer does not acquire ownership rights.
Powers of attorney are often used in dubious transactions with vehicles - for example, if the license plate on the body shows signs of changes and it is difficult to register the car with the traffic police.
Errors when filling out a purchase and sale agreement
In a contract, every word and every line matters. Therefore, filling it out must be taken very seriously. Any inaccuracy can lead to loss of money or car.
If traffic police officers notice inaccuracies, discrepancies between the data in the contract and the documents, discrepancies in signatures, amendments and blots, then they have the right to refuse registration. To find the previous owner and rewrite the contract, you will have to spend time, nerves, and sometimes money.
Read first, then sign
To avoid this, you need to follow the following rules:
- The seller and buyer must check each other's passports. If the seller arrives with a contract in which passport data has already been entered, ask him for a passport and make sure that he is the owner of the car. If the seller says that he is selling the car of a friend, wife, brother, but the owner himself cannot come, ask for a power of attorney for the right to sell.
- Check the data in the car documents with the actual data. Check the body numbers and VIN numbers in the documents with those printed on the body. If the numbers do not match, it is better to refuse the deal.
- All fields on the contract form must be filled in. Even if the car does not have license plates or a VIN number, you must write “absent” in the appropriate field.
- The contract must indicate the date on which the contract was concluded. It is from this date that the former owner is no longer required to pay fines and taxes. An agreement without a date is invalid.
- The cost of a car is always written in numbers and words. If you write the cost only in numbers or not write it at all, in case of a dispute, discrepancies may arise.
- All numbers and letters must be legible.
How to purchase and sell a car and save money
Buying and selling cars is the basis of the automobile market. This procedure itself is quite simple - without taking into account the choice of car and the pitfalls associated with it, of course. At the end of 2013, it became even simpler - there was no longer a need to deregister the car and change license plates every time it was sold. Today we will figure out how to complete the deal.
Complete the procedure for buying and selling a car - that is, buy or sell an existing car, fulfilling all documentary requirements.
A purchase and sale agreement is a simple document; you can draw it up yourself and write it by hand, and certification by a notary is not at all mandatory. The form of the agreement is relatively free - you can find many different forms on the Internet: for example, a standard form can be downloaded here.
The main thing is that the contract must contain basic data, such as complete information about the seller, buyer and car, the agreed price of the car, signatures of the parties to the transaction and the date of signing the contract. The date of signing is extremely important for the seller - it is from here that the countdown of 10 days begins, during which the new owner is obliged to re-register the car with the traffic police in his name.
The purchase and sale agreement must be drawn up in three copies: for the seller, the buyer and for submission to the traffic police when re-registering the car. In addition, the seller must sign the vehicle’s passport - in the free column “signature of the former owner”.
After signing the purchase and sale agreement, putting a signature on the title and receiving money for the car, the seller’s participation in the procedure actually ends - the transaction is completed. All further concerns regarding the re-registration of the car lie with the buyer. He must, within 10 days after purchase, arrive at any convenient traffic police department to re-register the car in his name - change registration data due to a change in owner.
To re-register a car, the new owner must arrive at the traffic police department with the car ready for inspection and a package of documents, which includes :
- a standard application for changing registration data in connection with the transfer of ownership of a motor vehicle;
- identification document;
- a document certifying the applicant’s authority to represent the interests of the owner of the vehicle (if any);
- vehicle passport;
- vehicle registration certificate;
- documents certifying ownership of the vehicle (purchase and sale agreement);
- insurance policy of compulsory civil liability insurance of the new owner of the vehicle;
- a document confirming payment of the state fee for registration actions related to the issuance of a vehicle registration certificate and for making changes to a previously issued vehicle passport.
An application for changing registration data can be filled out directly at the traffic police department, or you can prepare and print it in advance by downloading it from the official website of the traffic police - here . Before submitting all the collected documents for re-registration, you need to undergo an inspection of the car there, at the State Traffic Safety Inspectorate, during which the numbers of the body, frame and numbered units will be checked for compliance with those specified in the PTS.
It is also worth paying attention to the fact that to re-register a car you need a compulsory motor liability insurance agreement ( we have already told you ) issued in the name of the new owner - the old insurance becomes invalid. The previous owner, by the way, can contact the insurance company and return part of the cost of the policy by terminating the contract before the end of its validity period - details can be clarified directly with the insurer.
After checking the package of documents required for registration, you will be returned your passport and OSAGO policy, and then you will be issued a PTS with the changes made about the car owner’s data and a new registration certificate in the name of the current owner.
To do this, you need to submit an application to change the data of the owner of the vehicle electronically through the State Services portal and pay the state fee for issuing a vehicle registration certificate and making changes to the previously issued vehicle passport by bank transfer. In this case, a 30% discount will be provided on payment of duties: the first will cost 350 rubles instead of 500, and the second - 245 instead of 350. The total cost of re-registration will thus be 595 rubles instead of 850.
You must remember that until the new owner has re-registered the car, you are its formal owner - which means that the responsibility, for example, for paying fines will rest with you. If the buyer neglected the legal norms and did not re-register the car within the required 10 days, you have the right to contact the traffic police department and stop registering the car by writing a corresponding statement. In this case, the careless new owner faces a fine not only for failure to comply with the requirement for timely re-registration, but also for driving a car that is not registered in the prescribed manner, and for you this means getting rid of the burden of new fines. Theoretically, you can not only stop registering a car, but even remove it from the registration register - just remember that in this case the car turns into a pile of spare parts, since restoring the registration is formally impossible. So it’s hardly worth so radically harming a buyer who has delayed re-registration, depriving him of his newly acquired car forever.