How many car purchase and sale agreements need to be drawn up?

Number of car purchase and sale agreements at the conclusion of the transaction

Selling and buying cars is common. The process of transferring a vehicle (vehicle) into the possession of another person is accompanied by the preparation of documents. Sometimes this causes certain difficulties. Increasingly, on the Internet, vehicle owners are interested in how many car purchase and sale agreements there can be. It depends on the circumstances, so it is important to know how to legally formalize the transaction correctly.

Basic provisions about car policy

The purchase and sale agreement stipulates that the seller transfers the ownership of the goods (car) to another party - the buyer. The latter undertakes to accept the property and pay the established price for it. The nuances of the procedure are regulated by the Civil Code of the Russian Federation.

The subject of the agreement for the purchase and sale of a car is a vehicle that has not been withdrawn from civil circulation. It is not necessary to have the document certified by a notary, and drawing up an agreement is not difficult. To do this, use a typical agreement form. Problems often arise when determining how many contracts are needed and where to submit them.

Below is a sample document:

Features of the agreement

When completing the contract, the following documents will be required:

A vehicle passport, in which the traffic police puts a mark on the deregistration of the car for sale.
Passports identifying the parties to the transaction.
Power of attorney from the owner of the vehicle (if the seller is not the owner of the car and is not included in the registration certificate).
Power of attorney of the organization for the right to buy/sell a car (if the participant in the transaction acts in the interests of a legal entity).

Detailed registration of the DCT is regulated by Article 454 of the Civil Code of the Russian Federation. You should also focus on Chapter 30. The fact of transfer of the vehicle from the seller to the buyer is recorded in a special act.

You can draw up a contract by hand or using a computer. This is not a fundamental point.

How many PrEP can there be?

The minimum number of copies of a vehicle sale agreement is two: one for the seller, the other for the buyer, but in practice there are different situations related to the registration of a contract for a car.

It happens that the car previously belonged to several persons in turn without registration. This is usually done using different repurchase schemes, the choice of which depends primarily on the seller.

One of the most popular options is selling a car under two contracts. That is, instead of one standard agreement, two are actually concluded. Moreover, both documents have legal force. This scheme is usually used when purchasing a car from resellers. There are two known variants:

The second option is more popular, as it avoids unnecessary entries in the PTS.

Required number of copies of the DCP

The answer to the question of how many copies of the agreement depends on the number of parties to the agreement. As we have already mentioned, as a general rule, two copies of the agreement are drawn up - for the seller and the buyer. But legal practice shows that it is advisable to have at least three copies of the DCP. In practice, MREO employees often do not return the DCP presented when registering a vehicle, so it is advisable to prepare a third copy.

Features of sales under two sales contracts

A double agreement is usually practiced, as mentioned above, when a deal is concluded with a car reseller. The latter enters into a standard DPA with the primary seller, where he enters his name. In this case, the car is not registered; the new owner can resell it to anyone. This is exactly what he does by concluding a second contract on his behalf with the buyer.

Since the vehicle was not re-registered at the time it was in the hands of the reseller, the tax reporting of the secondary seller does not apply. Even dealer networks sometimes use two purchase and sale agreements for one car when selling new cars. Registration is carried out by the end buyer.

An important place is occupied by a preliminary agreement between the reseller and the primary seller so that the latter does not deregister the car after the prescribed 10 days. For a car purchased under this scheme, the final owner must present a double contract when registering with the MREO: from the primary owner and his own.

Conclusion

Buying a car is a serious transaction that requires correct registration. The main document in this case is the purchase and sale agreement. On its basis, one party alienates rights to property, and the other acquires. Wanting to save time and money, citizens often draw up a double agreement. In such a situation, an agreement is reached between the reseller of the car and the future real owner, which is expressed in two DCTs.

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How many car purchase and sale agreements should there be?

One of the ways to re-register a vehicle as the property of another person is to sign a purchase and sale agreement. To correctly draw up this document, you need to know how many copies of the agreement are required by law.

How and where to draw up a vehicle purchase and sale agreement?

The purchase and sale agreement is drawn up in free form , in compliance with the rules contained in the Civil Code (Chapter 28 and 30):

all data is entered with a pen of the same color;
corrections and blots are not allowed;
the number of pages of the document can be any, there must be numbering on each page;
document format – A4;
It is mandatory to include a detailed description of the subject of the contract (car), including make, model, body color and VIN numbers;
It is mandatory to indicate information from the PTS and STS;
another mandatory item is an indication of the price, timing and procedure for the transfer of property;
at the end of the document - personal data of both parties (from the passport) and their signatures.

You can download a standard form for a car purchase and sale agreement on the Internet. It must be filled out at the time of sale of the vehicle, always in the presence of both parties to the agreement.

How many copies of the contract do I need to prepare?

The Civil Code provides for a minimum number of copies of a purchase and sale agreement. There should be two of them: for the seller and the buyer. There is no maximum number of document copies.

A situation in which the number of agreements can be more than two is the purchase of a car from a reseller. In this case, the reseller purchases the vehicle from the owner under the contract, but at the same time does not register the car with the traffic police. When selling, you will need to conclude at least three copies of the agreement: for two owners (the present and the reseller) and for the buyer.

Practical recommendations suggest that even with a simple car sale, three DPAs should be concluded. There is a high probability that one of the copies will not be returned from the MREO when registering the transaction. The general rule is that the number of copies is equal to the number of parties participating in the agreement.

How long can you drive without compulsory motor insurance under the contract?

The legislation does not provide direct instructions on the timing of purchasing an MTPL policy after re-registration of a car. However, there is an indication of the timing of re-registration with the traffic police and registration. This procedure must be completed within 10 days from the date of purchase. Since it is impossible to register a car without presenting a valid MTPL agreement (issued for the new owner), we can assume that the maximum period for issuing a policy is 10 days.

It is important to know that this period is not a grace period and the law still prohibits operating a vehicle without a valid MTPL policy on public roads.

Cases in which the registration of insurance can be postponed or avoided altogether (Federal Law No. 40 of 04/25/2002):

the maximum possible speed of the vehicle is 20 km/h;
the car is registered as the property of the Armed Forces of the Russian Federation;
the car is registered abroad and has an international liability insurance policy;
The vehicle has non-wheeled mechanisms for movement: tracks, sleds, etc.;
The deed of sale was executed to transfer ownership of the trailer. This category of transport is not subject to insurance.

How long is the agreement valid?

According to Part 1 of Art. 425 of the Civil Code of the Russian Federation, a car purchase and sale agreement does not have an expiration date. At the same time, the text of the document must indicate the start date of its validity, but there is no information about the end date.

It is necessary to register the agreement and re-register the vehicle with the traffic police within 10 days. After the expiration of this period, the agreement does not lose its force, however, a fine is imposed on the new owner for failure to comply with the deadlines established by law.

The contract can be canceled only by agreement of the parties, or if one of the parties identifies compelling reasons for its termination.

What to do if you lose your purchase and sale agreement?

The loss of the DCT is not equivalent to the loss of the right to own property. It is possible to restore a lost document. There are several ways:

make a copy of the agreement kept by the other party to the transaction. The copies are completely identical, so it does not matter which party has the original and which has the copy. In order for a copy of the agreement to enter into legal force, it must be notarized;
when concluding a transaction at a car dealership, contact its employees for a copy. As a rule, such a service is included in the cost of transaction support;
take a copy of the agreement from the traffic police department where the transaction was completed. In this case, it is better to submit your request in writing, addressed to the head of the unit. The storage period for documents in MREO is 3 years;
renegotiate the contract. This is one of the most labor-intensive and time-consuming recovery options.

A car purchase and sale agreement is a document certifying the right to transfer the ownership of a vehicle to another person. The general rule for drawing up this document is that the number of copies must be equal to the number of parties to the transaction. Additionally, you can make another copy to transfer it for storage to the MREO.

Car purchase and sale agreement: how many copies to fill out?

The purchase and sale agreement for a vehicle is a rather expensive transaction. It is extremely important to retain information about the signed agreement. After all, subsequently, until the registration of rights to the car, it is he who confirms the rights and obligations of the parties. How to do this correctly, how many car purchase and sale agreements should there be and what to do if the number of copies is not enough.

How many copies will be needed and why?

Like any civil agreement, the contract for the purchase and sale of a car is transferred in one copy to each of the parties. In addition, a copy will be required to register the rights to the vehicle with the MREO. There is the possibility of concluding a tripartite agreement. Thus, at least 3 copies of the agreement will be required: 2 to the parties to the agreement and one to the MREO.

Attention! The regulations allow for the provision of a copy of the agreement to the MREO, but in order to avoid long disputes, it is worth signing a third copy.

You will also have to present the DCT to the Federal Tax Service when applying for a tax calculation, taking into account the deduction. All you have to do is take a copy there. You just need to present the original.

What to do if there are not enough copies of the contract

Of course, contracts must be kept carefully. And not only in the first time after imprisonment. It's worth waiting at least a year. Until the car is re-registered by the new owner and the transport tax is calculated taking into account the due tax deduction. However, sometimes it turns out that the contract is lost or lost for other reasons. What to do in such a situation, if you need to submit a document to the Federal Tax Service or deregister the car if the new owner ignored his responsibilities in this regard.

In 2019, there are two ways to legally obtain a copy of the contract:

Contact the other side;
Request a copy from the traffic police archives.

If a new car was purchased at a dealership, then simply visit the seller and ask for a copy.
Usually this does not cause any difficulties. Within half an hour, the buyer will have a copy with a mark on its authenticity. The situation is no more complicated if both parties to the agreement live in the same city and keep in touch. In this case, it will not be difficult to make a copy or even ask to send it by mail.

If you can’t get in touch with the previous owner, you can visit the MREO and ask for a duplicate.

Information in the archive must be stored for at least 3 years, and sometimes longer. If a verbal request is not satisfied, you can fill out an application. Most likely you won’t even have to fill out the form. A simple written application form is sufficient. The applicant will receive a response within a month. If the document has been preserved, a copy or even the original will be issued.

It is worth noting that, in accordance with the regulations, when contacting the MREO, the owner has the right to demand that the original be returned to him, and leave only a copy with the inspectorate. But it’s still worth being prepared and having an extra form.

If the contract was initially drawn up in less than 3 copies and the buyer has a problem whether to give the document to the MREO or keep it for himself, then a visit to a notary will solve the problem. He will certify the copy taken from the original. You should give it to the MREO, and keep the original for yourself. Such a copy will be more readily accepted.

Responsibility for counterfeiting

Sometimes, having lost their original, one of the parties tries to solve the problem simply - draw up exactly the same contract and forge the signature of the seller or buyer. Some violators of the 10-day car registration period after purchase do the same.

It is strongly not recommended to choose this method of solving the problem. The fact is that, like any other contract, the car’s contract gives the owner rights. Accordingly, its counterfeit and its use can be qualified under Art. 327 of the Criminal Code of the Russian Federation.

Attention! Of course, the chance that the other party will contact the police is small, but if the traffic police themselves for some reason discover an offense, there is a real risk of criminal prosecution.

You should also be careful when re-signing a contract. It is imperative to draw up an agreement to terminate the previous agreement in advance.