Features of the vehicle 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.

Car purchase and sale agreement – security of the transaction and legal features

Every car owner, after some time, is faced with the issue of selling and purchasing a new car. At the same time, all car enthusiasts should know the nuances of correctly completing a transaction.

Changes that were made to the law back in 2014 do not provide for notarization of the agreement, which makes it possible to reduce costs when preparing documentation.

A car purchase and sale agreement greatly simplifies the relationship between seller and buyer and requires compliance with basic rules.

Transfer of a car from owner to buyer

First, let's look at ways to document the sale of movable property:

General power of attorney. This method was popular in the past, but today it contains many disadvantages not only for the buyer, but also for its owner. If one of the parties proposes to transfer the car through a general power of attorney, then it is worth thinking about the purity of his intentions.
A car purchase and sale agreement is the only correct and legally correct solution, providing for the execution of a deed for the transfer of a car from one owner to another.

Sale of movable property: nuances

The official sale of a car is not a very difficult task and does not require knowledge of all the nuances of the law, since it does not regulate clear rules in drawing up an agreement.

The transfer of property occurs by signing a written document.

In order to comply with formalities from a legal point of view, you should download from the Internet a form for a car purchase and sale agreement that does not require notarization.

But most owners of movable property use the services of lawyers, so it is understandable that they are interested in the question: “How much does the contract cost and where to draw it up?” Typically, a lawyer's fees are 1-2% of the total cost of the car.

Concluding a simple agreement for the sale and purchase of a vehicle: some features

The official registration of a transaction for the sale of a car, on the basis of the Civil Code of the Russian Federation, requires filling out a written form.

In practice, the car purchase and sale agreement form is filled out by hand and signed by agreement between the two parties.

Filling out an agreement for the sale of a vehicle

How to prepare a document yourself:

We print the document in several copies: for the buyer, the seller and for the traffic police.
Fill out the form by hand with blue or black paste.
We assign a serial number that will be entered in the PTS.
We enter the place - city in the column and enter the date of the transaction.
We enter all the passport data of both parties to the transaction.
We carefully fill out the information about the car from the Vehicle Certificate and PTS.
By agreement, we enter the amount, both in writing and in the form of numbers, while it is advisable to indicate the true cost of the car.
Before signing the form, the owner exchanges the keys and documents from the vehicle for money and only then puts his signature on the agreement with the act of transfer of acceptance of the vehicle.

An approximate sample for purchase and sale can be found and downloaded on the Internet.

List of documents

An agreement to sell movable property can only be concluded if the following documents are in hand:

passports of the seller and buyer;
PTS and vehicle certificate;
for legal entities - seal and company details.

If a car purchase and sale agreement is not concluded by the owner of the car, then the agreement will be valid only if the seller has a power of attorney, drawn up taking into account all the nuances of the law.

On the other hand, the opposite party can buy a vehicle not for themselves, but for a third party.

Moreover, after signing the agreement, he does not become the new owner of the car; his name and data are entered in the document, but not in the title. But at the same time, you also need a power of attorney from the person who will be the owner.

Purchasing a vehicle with installment payment

When purchasing or selling a mostly used vehicle, sometimes you do not have the required amount of funds. In this case, it becomes necessary to conclude an agreement with installment payment.

When registering a trail with deferred payment, you must provide the following information:

exact payment schedule;
the amount of the down payment for the car;
the deadline by which the monthly payment must be made;
interest and penalties for late deposit of funds.

To avoid problems, before the full amount stipulated by the agreement is returned, the seller must issue a permit under which the buyer has the right to use the car until the debt is fully repaid.

After the entire agreed amount under the contract has been paid, the new owner has every right to register the car and register it in his name.

How long does the condition for selling a car last?

The agreement for the purchase and sale of a vehicle does not have a validity period. This means that you can register your car at any time.

According to the law, a period of 10 days is established, after which you will have to pay a fine. In this case, the traffic police officer may impose a fine on you.

Why might a deal be unenforceable?

In some controversial cases, after an agreement, motorists may have some problems that require the intervention of lawyers.

But before you file a claim with the judicial authorities, you must first decide whether your case is suitable for solving the problem through higher authorities:

recognition of the agreement as invalid - non-compliance with the requirements when drawing up the agreement specified in the Civil Code of the Russian Federation;
when the agreement is imaginary and there is confirmation of this;
violation of the rights of children who have not reached the age of majority when concluding a transaction;
detection of circumstances that may affect the legality of the transaction after its conclusion;
incapacity of one of the parties at the time of signing the agreement;
making a transaction under duress.

If at least one of the above actions occurs, then you can safely turn to the courts.

The right attitude towards selling a vehicle is the key to your peace of mind in the future!

Details about the car purchase and sale agreement in 2019

Has the car started to act up more often and “eat” more fuel, is it difficult to start, is it starting to squeak and knock? So, it's time to change it to a new car. In order to sell an old car and buy a new one, you will have to temporarily become a seller and a buyer and enter into civil legal relationships with other persons, which are regulated by civil law (Chapter 30 of the Civil Code of the Russian Federation). The basis of this relationship is the car purchase and sale agreement.

Before filling out a car purchase and sale agreement, you need to check it for legal purity

A purchase and sale agreement reflects the essence of the transaction made between two parties to transfer ownership of a vehicle. It establishes the obligations of the seller and the buyer to transfer the car and pay a monetary reward. The agreement must be concluded in writing and can be drawn up in any form, as well as without notarization. However, the participation of a notary in the execution of the transaction will allow one to bypass many pitfalls and protect against possible mutual claims of the parties after the conclusion of the transaction. Mediation by lawyers will cost a considerable amount, expressed as a percentage of the contract price.

Car purchase and sale agreement or how to avoid getting into trouble

Let's consider some important points that you need to pay attention to even before drawing up a car purchase and sale agreement.

The entire procedure for selling and buying a car comes down to the following steps:

searching for a potential buyer/seller, making an appointment, inspecting the car, preliminary assessment and agreement on the transaction price;
registration of a new form of written contract for the sale and purchase of a 2016 car and a technical passport;
transfer of the car, keys and documents in exchange for the agreed amount of money;
registration of the car with the traffic police by the new owner and registration of insurance.

Since the fall of 2013, some changes have been made to the procedure for buying and selling cars:

Now, during pre-sale preparation of a car, it is not necessary to deregister it with the traffic police;
Registration of a newly purchased car can be done at any traffic police department, regardless of place of residence;
Transit numbers are required only when there is a need to travel outside the Russian Federation.

All these innovations are aimed at speeding up the process of buying and selling cars.

Video: How to fill out a car purchase and sale agreement? Example, form, sample 2015

It is customary to draw up a standard 2016 car purchase and sale agreement in 2 copies, but it is better to make 3 copies of the car purchase and sale agreement at once (from the seller, from the buyer, one copy from the traffic police). When registering a purchased car, the traffic police will require one copy of the contract, which will not be returned. Since this document is not registered anywhere, it can be printed on a computer or written by hand. The contract signed by the seller and the buyer acquires legal force, confirming the new owner’s ownership of the vehicle. If the document is drawn up by hand, then all copies must be written in blue paste or ink, without using carbon paper.

Peculiarities of issuing a vehicle technical passport (PTS) when selling it

I recommend watching the video below. Interesting and detailed information. At least I, although I sold and bought more than one car, looked at it with interest to the end and found new points for myself, especially on how to check a car for legal purity before buying it.

Video: How to check documents before buying a car

PTS is intended to register a car with registration authorities, certify its main technical and individual characteristics and confirm its belonging to a specific owner or organization. It is also used to streamline the accounting and payment of customs and tax duties by vehicle owners. This document is issued by the traffic police to the owner of the car or an authorized representative. Owners can be Russian citizens, foreigners and organizations, as well as stateless persons.

A change in ownership during the purchase and sale of vehicles must be reflected in the technical passport of the vehicle. Therefore, before buying a car, you need to familiarize yourself with its passport so that there is an empty space for entering information about the new owner. Otherwise, to prevent future complications with vehicle registration with the traffic police, it is necessary to require the seller to issue a new title.

The standard PTS includes the following columns:

information about the owner of the car (full name, name of organization);
about the place of registration of the owner;
about the date of purchase or acquisition of ownership of the car;
information about the document establishing ownership of the car;
seal or signature of the old owner;
stamp or signature of the new owner.

Before filling it out, you should check the authenticity of the document, making sure that the pages contain genuine watermarks. Next, you need to check the numbers of the power unit and body installed on the car and indicated in the passport, since they may change after restoration repairs. If tuning of the car was carried out, which led to a change in its appearance or characteristics, then permitting documents are required. Additional installed equipment, for example, gas cylinder equipment, must also have accompanying documentation certifying the legality of its installation and safety.

Video: Instructions for filling out a car purchase and sale agreement

If previously, in order to sell a car, it was necessary to deregister it with the traffic police, where all the shortcomings in the documents for the car could be revealed, now a car can be bought without deregistration, already with license plates. On the one hand, this is convenient, but on the other hand, the risk of purchasing a car with problematic documents increases. Therefore, it is necessary to carefully check the vehicle documentation before concluding a vehicle purchase and sale agreement. In the registration offices of the traffic police there are days, usually one day a week, when traffic police officers check unit numbers, as well as vehicle documents, for free. Only after such a check and filling in the name of the new owner in the car passport can you sign a car purchase and sale agreement 2015, receive the keys and pay money for the purchase.

After checking the documents for the car and making sure that it is in good condition, you can draw up a contract for the sale and purchase of the car. You can read how to correctly fill out and execute the contract here.

Below you can download forms for a 2016 car purchase and sale agreement. They can be printed on a computer or filled out by hand with a pen.

Features of the car registration procedure

The sequence of going through the process of registering a car with the traffic police begins with checking its diagnostic card. The card is issued by the authorities that carried out the last technical inspection of the car. It is a document confirming the technical condition of the machine and allowing its operation. The validity period of the document is determined by the licensed organization that conducted the inspection and issued the card.

Before the card expires until the last day, you can quickly issue a compulsory motor liability insurance policy by contacting directly the nearest branch of the insurance company. If the card's validity period has expired, the new owner of the car will have to undergo a technical inspection again and purchase an insurance policy. Only after this he will be able to begin the procedure for registering a car. New legal requirements allow this process to take up to 10 days from the date of signing the 2015 car purchase and sale agreement.

Remember that for late registration of a car a fine of 1,500 to 2,000 rubles is imposed for individuals and from 5,000 to 10,000 rubles for legal entities. For driving a car without registration, the fine will be from 500 to 800 rubles.

During this time, the new owner must perform the following actions:

Carry out a vehicle inspection if necessary;
buy a compulsory motor liability insurance policy;
register the vehicle with the traffic police and obtain new license plates if necessary.

If for some reason the buyer does not re-register the vehicle he purchased in his name, the seller has the right to terminate the registration procedure after a ten-day period. To do this, he needs to arrive at the MREO traffic police department with a personal passport and a copy of the car purchase and sale agreement 2015 and write an application to terminate registration with reference to clause 60.4 of the Administrative Regulations for Vehicle Registration. This is done in order to avoid paying fines for the new owner of the car.

Car purchase agreement

A sales contract is an agreement between a seller and a buyer for the sale of something. The nuances of drawing up a document depend on the subject of the transaction.

In this article we will tell you how to correctly draw up a car purchase and sale agreement.

What needs to be done before drawing up a contract for the purchase and sale of a car?

The fact of a change of ownership of a car must be formalized by law. To do this, a purchase and sale agreement is drawn up, under which the buyer receives the car, and the seller receives money. The document can protect the interests of both parties in the event of litigation.

The agreement can be drawn up anywhere - a cafe, a park, at home. By law, third parties are not required to be present at the conclusion of the agreement; the main thing is that the agreement is concluded personally by the seller and the buyer.

After signing the contract, the seller signs in the “previous owner” section of the vehicle’s passport and transfers the car to the new owner.

When the contract is drawn up, the buyer submits it to the traffic police; without this document, it will not be possible to register the car.

IMPORTANT! If the car has a second owner (husband or wife), he must be present at the transaction (Article 35 of the RF IC). Otherwise, the policy may be challenged. The consent of the second spouse does not need to be notarized; you can simply write a receipt in any form on the back of the contract that he is not against the sale of the car.

The procedure for purchasing a car is regulated by the following legal acts:

Civil Code of the Russian Federation (second part) dated January 26, 1996 N 14-FZ.
Order of the Ministry of Internal Affairs of Russia dated 08/07/2013 No. 605 (as amended on 09/06/2017) “On approval of the Administrative Regulations of the Ministry of Internal Affairs of the Russian Federation for the provision of state services for the registration of motor vehicles and trailers for them” (registered with the Ministry of Justice of Russia on 09/27/2013 No. 30048).
Federal Law No. 170-FZ dated July 1, 2011 (as amended on April 23, 2018) “On technical inspection of vehicles and amendments to certain legislative acts of the Russian Federation.”

Main features of document preparation

Unlike ordinary sales and purchase agreements, an agreement for a car must be drawn up in three copies: one remains with the buyer, the second with the seller, and the third with the traffic police. You will be asked to show the document when registering the car with the traffic police to make sure that it was purchased honestly. Without registration, you will not be able to legally use the car.

IMPORTANT! According to Art. 161 of the Civil Code of the Russian Federation, if a car costs more than 10,000 rubles, the contract must be concluded in writing. If a person buys, for example, a penny in terrible condition for 8 thousand rubles, you can get by with a verbal agreement.

There are no strict requirements or regulatory templates for drawing up an agreement; the most important thing is its compliance with the Civil Code. It is important to state the essence of the transaction - the transfer of a car from one owner to another, and indicate the cost of the transaction.

The agreement can be filled out on the computer or printed out blank templates and filled out by hand.

IMPORTANT! If the contract is filled out by hand, it is advisable for both the seller and the buyer to use the same pen. Such an agreement will be more difficult to challenge.

Before filling out the contract, the parties are advised to check each other’s passports.

It may be that the seller filled out the contract at home on a laptop, then the buyer needs to make sure that the passport data, car information, etc. match.

If a person is not the owner of the car, but an intermediary, he must provide a power of attorney for the right to sell. The document must be certified by a notary. It is important to indicate in the contract the date of its conclusion. From this date, the former owner of the car no longer has to pay fines and taxes. If there is no date, the agreement is considered invalid.

The validity period of the contract is until the transfer of the goods and money for it. It happens that the seller, for some reason, cannot provide the car on the day of the transaction. This fact can be indicated in the contract, and it can be stated by what date the goods will be transferred.

Sample

The contract must indicate:

date and place of signing the document;
information about the old owner and the new owner;
information about the car from the vehicle passport;
information about whether the car has encumbrances and whether it is pledged;
the price of the car, as well as when and in what order the payment will be made.

How to fill out the DCP correctly?

All fields in the document must be filled out, even if the car does not have license plates or a VIN number. You just need to write “absent” in the appropriate fields.

The cost of the car must be written both in numbers and in words, in legible handwriting.

If the traffic police, when checking the agreement, discover errors, blots, or mismatched signatures, the inspection staff have every right not to register the car.

Some also draw up an acceptance certificate for the transfer of the car. This document indicates when the money and the car will be transferred, and also describes the technical condition of the car. If the act is drawn up, this fact is written in the purchase and sale agreement, the document is also drawn up in triplicate.

What documents will be needed to draw up the contract?

You will need identification cards of both parties to the transaction, a technical passport of the car and a certificate of registration.

What should the seller provide?

Passport.
Vehicle registration certificate, PTS.
Vehicle registration certificate.
Power of attorney (if the seller is not the owner of the car being sold).

The seller may not provide an MTPL policy and a technical inspection certificate.

What documents will be required from the buyer?

The buyer will only need a passport to complete the transaction.

At the end of the transaction, the buyer receives an ownership agreement in two copies (and a transfer acceptance certificate, if drawn up), a vehicle passport with the seller’s signature, a vehicle registration certificate, a diagnostic card (if available), keys and the car itself.

Features of drawing up a car purchase and sale agreement

Does the seller need to contact the traffic police before selling a car?

The current provisions of the law do not provide for the deregistration of a vehicle upon its sale. Accordingly, the seller does not need to deregister the car with the traffic police before concluding the contract. Of course, he can do this - but this will have no practical meaning and will only create additional worries for the buyer when registering the car.

In addition, the general rule provides that the vehicle is sold with the same state number that the seller received for it. If the seller wants to keep the number for himself in order to later put them on his other car, then he must contact the state traffic inspectorate to save the number for him.

In order to retain the number, the seller must write to the traffic police an application to retain the number for subsequent installation on another vehicle owned by the seller.

The application can be submitted in free form. In this application, in addition to the standard “header” indicating the traffic police department where the seller is applying, you must indicate the full name and passport details of the seller, make, model, VIN number of the car and stored numbers. To submit an application, a standard package of documents is required: passport, PTS, STS and OSAGO policy. If you have an electronic PTS, then you only need a passport of the Russian Federation or another state.

The state must be attached to the application. number, which is transferred for storage to the traffic police. The storage period is 180 days - during this time you will need to apply to assign these license plates to another car, otherwise they will be issued to another person. Instead of the old license plate, the traffic police will issue a new license plate. number and STS, which is noted in the PTS.

To save the number, you need to pay a state fee of 500 rubles for issuing a new STS. For issuing new license plates - 2000 rubles and 350 rubles for making changes to the PTS.

When the seller decides to buy a new car, he will need to apply for a state license. numbers and assigning them to your car - this represents the standard procedure for obtaining a state license. numbers, with the only exception that you will already have them and you will not have to pay a fee for issuing the number.

What should a buyer check before concluding a vehicle purchase agreement?

Before concluding a contract, the buyer needs to check that the body, engine, license plate and VIN numbers correspond to those indicated in the vehicle title. It is worth checking the number of car owners. If the seller has a duplicate title in his hands, this means either that the seller has lost or damaged the original, or that the car or motorcycle had more than three owners.

In addition, the buyer should check the seller’s passport and STS. We also recommend checking the car for fines, accidents, encumbrances and restrictions. You can read more about such verification in the corresponding article. There you can also read about other steps that are recommended to be taken before selling a car - for example, obtaining the consent of the seller's spouse to sell the car if the car was purchased during the marriage.

When drawing up a unique car purchase and sale agreement, you can also check the car in all databases. Such verification is carried out on all necessary points and is included in the cost of drawing up a professional contract.

What must be included in a car purchase agreement?

Although civil law requires that only information about the parties and the vehicle being sold be indicated in the vehicle purchase and sale agreement, the traffic police requires that a number of other conditions be reflected in the contract.

The contract must indicate the details of the parties, as well as the make, model, body and engine number, state license. numbers, VIN number of a car or other vehicle, series, PTS and STS numbers, as well as the dates of their issue. The color and body type are also indicated. The date and place of conclusion of the contract must also be present in the text of the agreement.

The contract must indicate the price of the car. We recommend that you indicate the full cost. Do not try to evade taxes by indicating only part of the cost in the agreement - in this case, the Federal Tax Service will not always ignore such actions. You may receive a large fine from the tax authority (especially if you file an income tax return yourself), and the buyer may be left without a car and money - since the low price in the contract under certain other conditions may be grounds for invalidating the contract. If the contract is canceled, the buyer will have to return the car, and the seller will have to return the money, but if the buyer cannot prove that the actual cost was paid, then he will only receive the amount specified in the contract.

In addition, the sale of a car that has been owned by a citizen for more than three years and has not been used for business activities is not taxed.

The agreement also establishes the terms and methods of payment. If payment is made some time after the transfer of the vehicle or in installments, then the car is considered to be pledged to the seller until full payment is made. In order to avoid risks in a situation where the buyer resells the car and does not pay the full amount, it is worth contacting a notary to register a notice of pledge. After such notification, the pledge becomes public, and the car will be pledged regardless of who it was sold to.

What additional terms should be included in the contract?

Very often, a car is sold with spare parts and other valuable accessories that can be removed from the car. This includes wheels, tires, roof racks, off-road or racing parts, interior covers, tools, etc.

If the parties have agreed to sell the car along with these accessories, this aspect must be included in the contract. An annex is drawn up to the contract, which describes such spare parts and other property transferred with the car. This will help avoid misunderstandings and disputes between the parties - the contract will clearly indicate what is being transferred and the seller will not be able to say that he did not plan to give away any item with the car.

In the contract, the parties can specify the technical condition and breakdowns of the car. If the car is transferred with defects, then this condition insures the seller against a situation where the buyer tries to hold him liable for the sale of a defective car, although at the conclusion of the contract both parties agreed that the car is not fully functional.

The parties often stipulate in the agreement a provision regarding penalties - fines or penalties for violation of obligations. In this case, the seller will have to pay a penalty for late transfer of the car, and the buyer will have to pay a penalty for late payment.

In our contract designer you can include these and other conditions when drawing up a unique contract that will reliably protect your rights and interests.

What should the buyer do after signing the contract?

When signing the contract, the buyer enters the paper title as the new owner. Data entry into the electronic PTS is carried out by the State Traffic Safety Inspectorate. Electronic PTS should become mandatory from November 1, 2019 (the introduction date is constantly being postponed) - they will be issued when purchasing a new car or when importing a car from abroad. When purchasing a used car, you do not yet need to change your paper PTS to an electronic one, however, you can apply for an EPTS on your own initiative. So far, as of August 2019, the number of issued EPTS is only about two thousand. However, in any case, you will have to pay a fee of 350 rubles for making changes to the PTS, regardless of whether it is paper or electronic.

Within 10 days from the date of conclusion of the contract, the buyer will need to contact the traffic police with an application for re-registration of the vehicle. During this period, he must also apply for compulsory motor liability insurance. Along with the car, the buyer must ask for a diagnostic card, otherwise he will need to undergo maintenance before issuing compulsory motor liability insurance.

To re-register a car, you will need to submit an application and also bring to the traffic police the originals of your passport, STS, PTS (with an electronic PTS, the provision of STS is not required), MTPL policy, purchase and sale agreement (bring the original along with a copy or make 3 copies), and also a receipt for state payment. duties. The state duty will be 350 rubles (for changes to the PTS) and 500 rubles (for issuing the STS - or, more simply, for registration) - a total of 800 rubles. If the buyer wants to change state. number or receive your number deposited, then 2000 rubles of state duty for issuing the number will also be added.

After completing all these formalities, the buyer can safely use his car. In order to draw up a high-quality contract that guarantees protection from possible claims, as well as in order to check the car for legal purity and not worry about fines, the discovered consequences of hidden accidents and other risks, we recommend using our contract designer.