Correct filling of the car purchase and sale agreement
How to fill out a car purchase and sale agreement 2019: download the form
Concluding a purchase and sale transaction for a used car yourself is not so difficult. Since 2014, there is no need to notarize an agreement; the legislation does not establish strict requirements for the form and content of the document. But still pay attention to the standardized sample to protect yourself. Follow the instructions provided to correctly fill out the purchase and sale agreement for a used car, and feel free to sign the paper, without the help of lawyers. At the end of the article you can download a free car purchase agreement form.
Content
Documents for registration of purchase and sale of used cars
The seller of a used car must provide:
- passport of a citizen of the Russian Federation;
- PTS;
- vehicle registration certificate.
The buyer will only need a passport.
The new owner of the car is obliged to buy an MTPL policy within 10 days after signing the contract. We advise you to do this immediately, otherwise if an accident occurs, the blame will fall on you.
How to properly draw up a car purchase and sale agreement
We present to your attention a short checklist:
- Fill out the agreement in triplicate with a dark pen.
- Indicate the date and city in which the transaction is executed.
- Enter the contract number to enter it later in the PTS, for example: 01012019 (day, month and year of sale).
- Enter the passport details of the seller and buyer.
- Fill in the vehicle details.
- Enter the cost of the car.
- Exchange your keys for money.
- Sign the document. You don’t need to have it certified by a lawyer, nor do you need to put a stamp on it.
Don’t forget to register your car with the traffic police within 10 days! If this is not done, the former owner has the right to deregister the car.
Typical mistakes when filling out a purchase and sale agreement
The most common mistakes that occur when a transaction is executed incorrectly are:
- There is not enough data (for example, there is no city of the transaction or its date).
- There are corrections on the form.
- Incorrect information (for example, a number is missing in the passport series or VIN number).
- The contract number is missing.
- The data or signatures of the parties are mixed up.
- The sale price of a used car is not indicated in words.
- Unreadable and incomprehensible handwriting.
- The data on the copies differs (often, to reduce time, the seller and buyer fill out the data at the same time, resulting in different information. Give all the forms to the person who must fill out the car purchase and sale agreement, and do not rush him.
- The agreement is written with different pens and/or non-dark colors.
Double-check all data several times! Even such minor mistakes can invalidate the sales contract!
At the end of the article you can download a free sample purchase and sale agreement. A correctly completed contract is proof of your ownership. Thanks to our instructions for the correct execution of a purchase and sale transaction, all you have to do is print out the contract, fill it out correctly, carefully double-check all the points and sign.
Recommendations for the buyer
Pay attention to whether the same data is indicated in the seller’s passport, PTS and car certificate. After signing the deal, do not forget to enter yourself as the new owner in the title, indicating the date of purchase and contract number.
Carefully check the seller's documents:
- The owner is obliged to provide originals; copies of documents (even notarized) are unacceptable.
- The passport must not be expired.
- All documents must indicate the same person as the owner.
We invite you to download a free book about the secrets of safe car buying. Here you will find a lot of useful information on how to inspect and buy a used car.
Correct filling of the car purchase and sale agreement
New regulations
By virtue of Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605 “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,” which came into force on October 15, 2013. The purchase and sale car and its subsequent registration. Significant changes: Refusal of the requirement for preliminary deregistration of a vehicle before sale. Now the state is being lifted. numbers are only necessary if the previous owner wants to keep them for later installation on a new car. To do this, the owner contacts the traffic police department. New state registration plates are installed on the car being sold, and the old ones are stored in the traffic police for 180 days.
The procedure for registering a car has been simplified. You can register a car at any traffic police department, regardless of the place of registration of the owner at the place of stay or place of residence and regardless of the place where the car was registered by the previous owner. If you want to leave the territory of Russia, you need to obtain transit numbers. The new regulations also provide that if within 10 days from the date of signing the car purchase and sale agreement, the new owner does not contact the traffic police to make changes to the registration data. In this case, the previous car owner has the right to apply to the traffic police with an application to terminate the registration of the car.
Seller's responsibilities
If you want to keep the old registration plates, you must contact the traffic police with an application to retain the numbers and obtain new numbers to sell the car. Remember, old license plates are stored by the traffic police for 180 days. fill out the car purchase and sale agreement in triplicate and sign the transfer and acceptance certificate, enter information about the new owner into the title.
Buyer's responsibilities
Within 10 days after signing the agreement . Make sure that the car has a valid diagnostic card, if not, then undergo a technical inspection and get it. Make sure that the car has a valid MTPL policy; if so, make changes to the current policy; if not, you need to issue a new policy. pay the state fee, please note that if you want to keep the previous numbers, then you do not need to pay the state fee for issuing new numbers. with a full package of necessary documents (Application, PTS, vehicle registration certificate, purchase and sale agreement , MTPL insurance policy, passport) will contact any traffic police department to make changes to the vehicle registration data. You can submit an application and make an appointment electronically on the government services portal.
Car purchase and sale agreement: how to fill out correctly and avoid mistakes
For many people, a car has long ceased to be a luxury, turning into a device with which you can quickly and comfortably get where the owner needs to go. It is necessary to understand that any “iron horse” can change its owner, since market relations have penetrated into all spheres of life.
Meanwhile, when buying or selling a car, it is important to correctly draw up a purchase and sale agreement (SPA). It must be emphasized that this agreement is very important, since it is what proves the fact that the car legally belongs to another person.
Do not think that a car purchase and sale agreement cannot be drawn up and concluded by an ordinary person who does not have a legal education. This is wrong. This agreement is not something complicated, so anyone with even a school education can draw it up.
Meanwhile, the conclusion of such an important agreement must be approached with the utmost seriousness and care. Every detail is important, since some little thing that no one paid attention to can cause the agreement reached to be declared invalid. This scenario is extremely undesirable, since it brings only negative emotions to both sides. We’ll talk further about how to correctly draw up a car purchase and sale agreement to avoid unnecessary problems.
What is a car purchase agreement?
A DPA is a very important agreement that confirms in writing that the car has become the property of another person. Without this agreement, the new owner of the car will not be able to register his purchase with the traffic police.
According to the law, the assistance of a notary is not required to draw up a purchase and sale agreement. Moreover, if this agreement is concluded between ordinary individuals, then no stamps are required in the DCT and PTS.
How should the policy document be written?
The law provides that the form of the contract can be any. This means that all options for writing a contract have the right to exist. You can print out the DCT form and enter the necessary data yourself using a regular ballpoint pen. You can completely draw up an agreement electronically by entering all the necessary data using a computer. All you have to do is print out such a document in three copies and put signatures on each copy. You can even write the entire text of the contract using a pen. The traffic police, by the way, treat such handwritten papers somewhat disapprovingly.
You cannot draw up a policy using the so-called mixed option. This means that you do not need, say, to enter the seller’s data into the document using a computer, and enter the buyer’s data into the agreement using a simple ballpoint pen. It is necessary to fill out the contract in such a way that all important points in the document are spelled out without a single error, inaccuracy or blot. In such a matter, it is better to be scrupulous so that no one can challenge the concluded deal by taking advantage of some annoying inaccuracy.
It should be noted that the purchase and sale agreement for a car can be of any volume. There is no fundamental difference in whether the DCP is drawn up on one page, several pages or on two sides of one page. The only difference is that in a multi-page document, it is better to sign each page of the document.
The car purchase and sale agreement has no limitation on its validity period. Meanwhile, the buyer is obliged to register the vehicle with the traffic police no later than ten days from the moment the contract was concluded. Here it is necessary to clarify that it is possible to register a vehicle with the traffic police only if the new owner of the vehicle has an MTPL policy for a new car. It follows from this that the new owner of the car must purchase an MTPL policy, and only then go to the MREO.
Attention! If the new owner of the car for some reason does not register the purchased vehicle with the traffic police, then this threatens him with big troubles. Firstly, the violator faces punishment. If he is caught for the first time, he will pay from five to eight hundred rubles. If he is caught again, he will have to part with five thousand rubles or his driver’s license. By the way, the period of deprivation of rights for such a violation ranges from one to three months.
How to correctly fill out a car purchase and sale agreement
Before filling out the DCT, you need to make sure that all the necessary papers are in the hands of the parties involved in the transaction. To conclude the DCP, the following documents will be required:
- passports of the seller and buyer;
- original PTS;
- vehicle registration certificate.
Before concluding a transaction, you need to make sure that all documents are valid. For example, it is important to make sure that the passports of the seller and buyer of the vehicle are not expired. In addition, other documents must be originals only. Copies are not counted even if they are notarized.
It is necessary to clarify that a vehicle registration certificate is not required if the car is sold abroad. In this case, the “iron horse” must be deregistered with the traffic police. If the car being sold remains on the territory of Russia, then there is no need to deregister such a car.
It should be noted that the DCP must be in triplicate. One copy will remain in the hands of the seller and the buyer, and the third copy will be kept by the traffic police.
It is important to verify the identity of not only the seller, but also the buyer. The parties to the transaction need to examine each other’s passports. In addition, the buyer must examine the vehicle's registration certificate, as well as the title. It is important that the same person is indicated in the passport, registration certificate and PTS.
It is important to indicate the contract number. Many people ask what this number should be. The contract number can be anything. Any number can be invented and included in the agreement. You need to take this seriously, since this number will then be registered in the PTS.
In the car purchase and sale agreement, it is necessary to indicate the place where the contract was concluded . In addition, the contract must contain the date from which this document comes into force.
If the DCP is printed on a standard form, then the document contains the corresponding columns. It is necessary to take seriously the filling of these fields, as they are very important. For example, from the date of conclusion of the agreement, a ten-day period is calculated during which the new owner must register his purchase with the traffic police.
It is important to indicate the correct passport details of the seller and buyer in the document. In addition, it is important to correctly indicate the data that allows you to identify the car being sold. This information is found in the vehicle registration certificate and in the PTS.
Attention! You need to enter information about the car exactly as it is written in the documents. If there are discrepancies between the data in the DCP and, say, the PTS, the transaction may be declared invalid.
If the parties do not mind, then the DCP indicates the price for which the “iron horse” is sold. It is important to clarify that the price should be indicated not only in numbers, but also in words. For example, if a car is sold for two hundred thousand rubles, then the document must clearly state that the cost of this vehicle is 600,000 rubles (six hundred thousand rubles).
Before signing the agreement, you should review it again to make sure it is written correctly. If the information in the agreement is entered using a pen, then it is very important, when filling out all copies of the agreement, to use one fountain pen writing in dark ink.
It should be noted that there is no need to sign the agreement until the buyer has given the seller the money and the seller has given the buyer the documents and car keys . Only after this should the document be signed. By the way, the DCT is not only an agreement on the purchase or sale of a car, but also an act of acceptance and transfer of the vehicle.
After all copies are signed, it is necessary to enter information about the new owner into the PTS. When doing this, it is important not to forget to indicate the date of the transaction, as well as indicate the DCT number mentioned above.
After all formalities are completed, the car officially becomes the property of the new owner. The seller of the vehicle must submit an income tax return to the tax office. The buyer, as mentioned above, must register the car with the traffic police ten days in advance.
Common mistakes when concluding a car purchase and sale agreement
A car purchase and sale agreement is an important document that certifies that the new owner of the vehicle legally owns it. A lot depends on the correct drafting of this document. Unfortunately, the DCT is often drawn up with errors, which can lead to the transaction being declared invalid.
As mentioned above, you must fill out the contract with one pen, which writes with dark ink. It is important that the information in all copies of the contract is the same . It happens that the seller and buyer, wanting to save time, simultaneously fill out their copies of the contract. This may result in the same data being written differently in different copies of the contract.
It is necessary to pay special attention to ensuring that the agreement contains all the necessary information about the buyer, seller and the car that became the subject of the transaction. Often, an agreement is considered void only because the document lacks some information. For example, citizens often forget to put in the agreement the date from which this agreement begins to be valid . It must be especially emphasized that if there is no date in the document, then we can assume that the document itself does not exist either.
In addition, it is important to fill out the contract, avoiding various types of blots and corrections. It is necessary to fill out the DCP in such a way that all letters and numbers are legible. It is important to avoid errors in the data that allows you to identify the seller, buyer or vehicle.
Information in the agreement must be entered correctly, without confusing the data of the buyer and the seller. For example, the buyer often signs where the seller should do so. The seller, making the same mistake, signs the contract where the buyer should do it. Parties to an agreement need to avoid such confusion by signing the agreement where necessary.
Particular attention must be paid to ensuring that all information is included in the document. For example, a very important detail is the contract number.
If the seller and buyer decide that the price of the car will be reflected in the agreement, then it is important to indicate the amount not only in numbers, but also in words. If you do not write the cost of the “iron horse” in words, this may lead to someone thinking that the car was not sold for the money that was paid for this car. It may also create confusion if a dispute arises between the parties in the future. If the cost of the car is also indicated in words, this will help avoid any discrepancies.
People often make the mistake of incorrectly writing down the details of the car they are selling. It is necessary to rewrite information about the car that is the subject of the transaction, strictly checking the information that is in the title. This information must be transcribed as accurately as possible.
The errors mentioned above may cause the contract concluded between the seller and the buyer to be declared invalid. This scenario, I think, will not suit anyone. From this we can draw a simple conclusion that the preparation and conclusion of the DCP must be taken with all possible seriousness, paying attention to all details. Only this approach to the matter will allow the parties to achieve the desired goal, avoiding all sorts of unpleasant moments in the future.
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 correctly fill out a car purchase and sale agreement
In order for a transaction to transfer a vehicle from one owner to another to be legal, you should know how to correctly fill out a car purchase and sale agreement.
The requirements for this document and the regulations for its preparation are prescribed in the current civil legislation (Chapter 30 of the Civil Code of the Russian Federation) and regulatory documents of the road department.
The step-by-step procedure for completing a transaction to purchase a motor vehicle is as follows:
- verbal agreement on the details of purchasing a car - payment procedure, price, registration actions;
- drawing up and signing an agreement;
- transfer of money by the buyer;
- delivery of the car and all documents by the seller;
- registration with the traffic police department.
The car seller can delegate his rights to sell the car to an authorized person - this will require a notarized power of attorney.
How to draw up a car purchase and sale agreement yourself: sample filling
Existing legislation does not oblige the parties to a vehicle purchase and sale agreement (SPA) to draw up an agreement with a notary or register the document.
A simple written form and the signature of both parties is sufficient - the agreement will be binding.
Before drawing up a car purchase and sale agreement, it is advisable to familiarize yourself with the sample filling out, and also download the car purchase and sale agreement 2018 (form for individuals). You can view and obtain the form below.
Current sample of a car purchase and sale agreement (2017 - 2018)
When drawing up a policy yourself, it is recommended to adhere to the following basic principles:
- information regarding the parties and the subject of the agreement is recorded as accurately as possible so that there is no possibility of discrepancies;
- empty lines and columns are crossed out to avoid entering incorrect data by another person involved after signing the agreement;
- the information should be located from the very beginning of the line; at the end of the handwritten text, the period is crossed out.
The DCP must have three copies - one is provided to the MREO, the other two remain with the parties to the agreement.
Before drawing up a contract for the sale and purchase of a car between individuals, you should prepare personal documents of the parties to the transaction, PTS and STS for the car.
How to correctly fill out a car purchase and sale agreement
Correct completion of all sections of the contract is a guarantee that all terms of the agreement will be fulfilled by the parties in full.
If any of the clauses of the agreement are violated, the guilty party will be forced to fulfill its obligations by a court decision.
The following attributes are considered mandatory in the body of the contract:
- the place of compilation of the DCT (name of the locality) is indicated at the top, on the left side of the form, on the opposite side the calendar date is recorded;
- name of the selling organization and full name participants in the transaction are registered in full, abbreviations are not allowed;
- in the paragraph containing information about the subject of the DCT, all parameters of the car are described in detail, including information about the state license plate (when selling a used car) and data from the PTS and STS;
- The price of the car is written in numbers and in words, and the payment procedure is indicated in the same section. If a sale by installments or a preliminary advance payment is provided, then these circumstances are fixed in the contract;
- the clause regarding the delivery time provides for the period during which the seller undertakes to transfer the car to the new owner;
- the final section indicates the addresses, passport details and registration information of the parties to the transaction.
As security provisions, the parties may include in the text of the contract a clause prescribing penalties for delays in payment or transfer of transport.
The amount of the penalty is determined by the parties to the agreement, but should not exceed 0.5% of the amount stipulated by the agreement for each day of delay.
An example of filling out a car purchase agreement.
Before signing, the parties involved must carefully study the text of the agreement. Any error, clerical error or correction is a factor in favor of declaring the vehicle’s DCP invalid.
How to draw up a car purchase and sale agreement between individuals
DCT registration between private individuals is carried out upon resale of a used car. Documentary drawing up of the contract occurs according to the above algorithm, in simple written form.
The specificity of contractual relations between citizens when buying and selling a car is the advisability of a thorough check of documents and a specific vehicle, which must be carried out before the final signing of the contract.
A potential buyer can conduct an audit independently, using computer databases of government agencies.
Before issuing a policy, it is recommended to do the following:
- take photographs of the seller’s passport, vehicle title;
- check the identity card on the FMS portal for authenticity and compliance with the validity period;
- on the traffic police website, enter information about the car (license plate and STS data) and make sure that the car and its owner do not have any fines;
- by VIN number or chassis/body number, check for restrictions, participation in road accidents, bail or use as a taxi.
Such a pre-sale check will help you avoid many of the troubles associated with purchasing a used car.
Another important point in drawing up a commercial vehicle agreement between individuals is checking the vehicle’s diagnostic card and the deadline for passing the last technical inspection.
If the diagnostic card is expired, then it is better to oblige the seller to undergo a technical inspection, and only after that issue a DCT.
Where to draw up a car purchase and sale agreement in 2018
The law does not oblige those involved in the car’s contract to contact a notary’s office to conclude an agreement.
The agreement can be drawn up and signed by the parties to the transaction independently, without the involvement of legal specialists.
To be more confident in the legality of the contract, the parties are advised to carefully consider the rules for drawing up the contract and draw up an act of acceptance and transfer of the car.
If the buyer has any doubts regarding the specific circumstances related to the purchased car, he can contact a law firm that specializes in drawing up similar agreements.
Such companies are often located near the registration authorities of the traffic police, so that participants in the transaction can immediately re-register the vehicle to the new owner.
Validity period of the car purchase and sale agreement
Current civil legislation does not contain clauses that refer to the validity period of the car’s policy. The contract is considered fully executed at the moment the car is registered with the traffic police department for the new owner.
10 days are allotted for this after the expiration of the period when the previous owner transfers the car and documents for it to the buyer. If registration is not completed within the specified period, the new owner may be fined for illegal driving.
How to restore a car purchase agreement
The original car purchase and sale agreement is an important document, indispensable for confirming the origin of the car. A copy of the agreement may be required in the following situations:
- registration of a vehicle, registration/restoration of a lost title;
- submission to the Federal Tax Service to reduce the calculated tax;
- possible complications that can be resolved in court.
If one of the parties to the transaction has lost or rendered unreadable a copy of the purchase and sale agreement, then it is appropriate to request a copy from the second party or from the MREO department.
The traffic police department stores registration documents for three years, so during this period you can write an application requesting a certified copy of the policy.
If it is impossible to obtain a duplicate of the contract, the interested party has a way out - based on the data specified in the car’s title, find the seller/buyer and renegotiate the deal on the same terms.
Is it possible to terminate a car purchase agreement?
Legal practice knows many cases when a written contract, drawn up in accordance with all the rules, does not protect one of the parties (usually the buyer) from negative consequences.
This could be refusal to deliver the car, concealment of serious defects, or outright deception.
Is it possible to terminate a car purchase and sale agreement? The legislation provides for a number of circumstances in which a car’s contractual license is subject to cancellation.
Depending on who is a party to the transaction, the regulation of legal relations lies within the scope of the Civil Code (if the parties to the agreement are individuals) or the Law on the Protection of Consumer Rights (if the car is purchased from a legal entity).
Termination of a car's contractual contract at the buyer's initiative is possible in the following cases:
- the car has defects, the elimination of which requires serious cash injections, or is not possible;
- the purchased car has the status of collateral;
- the characteristics of the vehicle differ significantly from those specified in the contract.
If the buyer is forced to lose most of the money paid under the contract for the opportunity to bring the car into normal technical condition, then the contract can be terminated.
When a constructive defect is easily removable, the buyer may qualify for monetary compensation without canceling the current contract.
How to terminate a car purchase agreement and get your money back
Before terminating a car purchase and sale agreement concluded with a legal entity, the buyer must make efforts to reach a pre-trial settlement.
To do this, a claim is sent to the car dealership, which lists all the grounds for canceling the contract.
The important points of the claim are the offer of peaceful termination of the contract and the return of funds paid, as well as a warning about the transfer of the claim to court in the event of refusal of peaceful negotiations.
If the seller does not take measures to resolve the conflict, then a month after sending the claim, the buyer can file a claim to cancel the contract and return the money for the car and the legal costs incurred.
When terminating a contract with an individual, the algorithm of actions of the injured party is practically no different from the above.
If the seller does not agree to terminate the contract and return the funds received, then the consideration of the problem is transferred to a judicial authority.
If the outcome is favorable, the court will decide to return the parties to their original state - the seller will receive his car, and the buyer will receive the money back, taking into account the expenses incurred.