Does the seller need a purchase agreement? Car purchase and sale agreement

Buying and selling a car involves certain risks for the seller and the buyer.

Let's consider some questions and nuances that may arise in such transactions.

Should I shoot? vehicle from accounting upon sale?

According to this, vehicles are deregistered only in cases of their export outside the territory of the Russian Federation or for disposal. In order to sell or re-register a car, you do not need to deregister it.

If it is oral deal- the seller and the buyer only need to come to the traffic police to confirm the fact of transfer of the car. But it is better if the car purchase and sale agreement is concluded in writing.

Preparation of documents when buying or selling a car

The purchase and sale agreement is drawn up in free written form, in at least 3 copies: one each for the traffic police, the seller and the buyer.

After this, changes should be made to the PTS:

• in the column “document basis for sale” enter the number of the contract and the date of its conclusion;
• indicate the details of the new owner;
• the previous and current owners sign in the appropriate columns.

After these changes are made to the title, ownership of the car passes to the new owner.

From this moment on, he has 10 days to re-register the car. The previous owner can also go to the traffic police and cancel the vehicle's registration.

What should you pay attention to when drawing up a purchase and sale agreement?

The agreement is completed in free written form. In addition to standard data, it is better to indicate the mileage of the vehicle and, in addition to the date, the specific time of the transaction (for example, 11 hours 20 minutes).

The mileage should be indicated in order to protect the buyer from possible dishonest actions on the part of the seller. For the same purpose, it is necessary to note in the contract some technical features car, for example, availability. If these data are indicated, then if they do not correspond to reality, it will be easier to terminate the contract.

Indicating the exact time of the transaction can protect the seller from mistakes that will be made by the new owner of the car, or in order to new owner was not responsible for the seller’s violations that he may have committed before the transaction

What should you pay attention to when buying a car?

When purchasing, first of all, pay attention to identification marks car:

• Find out what part of the car it is on and inspect it carefully. Make sure that all numbers match and that there are no signs of tampering on the plate or the numbers themselves. It would also be useful to check the car on websites to decipher the configuration: does the VIN correspond to the car’s configuration, and whether the plate has been “overcooked”.
• Since the engine number is no longer included in the PTS, it can only be checked at the request of the traffic police.

Also, when purchasing, you should use the services of a tinsmith or car painter to make sure that the car has not been in an accident. Before buying a car, it wouldn’t hurt to carry out a comprehensive technical diagnostic of it.

What should you not do when buying or selling a car?

You should not transfer your car to resellers without filling out the appropriate documents - the transaction should only be made between specific individuals.

Thus, the seller will protect himself from legal proceedings, if, according to his documents, another but similar car will be sold to the buyer. For any alienation, the PTS must include the details of the person to whom ownership of the car is transferred.

The same can be advised to the buyer: do not purchase a car from resellers or by proxy. This will guarantee that the owner will not make claims against you and will not take the car back.

How to check whether a car is under arrest or pledged?

Since a car is not deregistered during a sale or purchase, it is impossible to check with absolute certainty whether it is pledged and whether it can be arrested. You can only find out from the traffic police: is there an arrest for this moment. But, if the case is about arrest in this moment is just being considered in court, or the car is pledged as collateral for a loan - it is impossible to find out.

How can a merchant protect himself from receiving counterfeit money?

This problem occurs quite often, especially when resale of a car by individuals. The only way to completely avoid receiving counterfeit notes is to conduct the transaction directly at the bank, where the buyer deposits cash into the seller's account as payment.

What to do if new owner did not register the car within 10 days?

In this case, the previous owner of the car must personally cancel the registration of the vehicle. IN otherwise fines for which the current owner is responsible will be addressed to former owner. In order to protect against similar situations The seller must keep one copy of the car purchase and sale agreement.

How is it calculated? transport tax when buying or selling a car?

Since the transport tax is paid for the entire current month, the tax for the month in which the transaction is made is paid in full by both the buyer and the seller.

Features of buying a car Trade-In

Since the purchase of a car takes place at a car dealership, the buyer is subject to the Law “On the Protection of Consumer Rights”. This means that the owner of the car receives the right to service repair of breakdowns during the warranty period.

It should be noted that the deadline warranty repair cannot exceed 30 days at a time, and in case of several repair work - 45 calendar days for 1 warranty year.

The dealership is also responsible for the sale poor quality goods. Therefore, when buying a car at a car dealership, pay attention to which legal entity you are buying it from, and to whom you can then make claims (since car dealerships usually have many subsidiary LLCs that perform various tasks).

How to check a car purchased at a car dealership?

Checking a car purchased at a car dealership should be no less thorough than when concluding a transaction with an individual. In the same way, pay attention to the VIN and vehicle equipment. It wouldn’t hurt to consult a specialist who can confirm that the car has never been in an accident before. Remember: if the car is new, this is not a guarantee that it is not “broken.”

The procedure for buying and selling a car is the same legal nature, like the purchase and sale of any other property.

But taking into account the fact that the car is valuable property, which is subject state registration, transaction processing for a long time required a significant investment of time and money, as well as communication with the domestic outdated bureaucracy.

Since 2013, the procedure for buying and selling a car has undergone some changes, due to which the number of necessary legal actions, and accordingly the costs for them.

However, such changes also have their disadvantages, since any deregulation civil relations is an unplowed field for all kinds of scammers who take advantage of the ignorance of the legislation of ordinary citizens left without the “tutelage” of the state.

This article will help the reader to competently sell or buy a car, and also not to become a victim of an unscrupulous businessman or fraudster.

Changes in the registration procedure

In connection with the publication of Order No. 605 of the Ministry of Internal Affairs of Russia in August 2013, the procedure for registering a car purchase is as follows:

1. Search for a counterparty. Negotiations between a potential buyer and seller about possible deal.
2. Direct execution of the contract parties, and the documents required in connection with such a transaction.
3. Actual transfer car and money under contract.
4. Vehicle registration for a new owner.

Thus, the changes were abolished:

• notarization of the car purchase and sale agreement;
• the seller’s obligation to deregister the car at the place of registration;
• the need to register the vehicle at the place of registration of the buyer.

It has become possible to register a car with any traffic police department at the request of the new owner.

At the same time, the following were not simplified or abolished:

• requirements for the terms of a car purchase and sale agreement, according to a standard agreement;
• requirements for title and other documents of the seller;
• requirements for a car for its registration.

Therefore, if previously the notary and the traffic police thought for the buyer, painstakingly analyzing the documents of the parties to the transaction and pointing out errors that need to be eliminated, then from now on all this burden, as well as responsibility, falls on the shoulders of the participants in such an agreement, or rather on the buyer, since It is he who will have to register the car.

Sequencing

At the moment, the procedure for purchasing a car should be carried out in the following order:

1. Selecting a counterparty. The Russian Civil Code enshrines freedom of contract, including the choice of counterparty. That's why this stage V legal comments does not need.
2. Checking vehicle documents. The buyer is interested in the proper implementation of this stage, since it is he who will have to register the car with the State Traffic Safety Inspectorate and be responsible for non-compliance of documents established rules and standards.
3. Decor standard contract . The above-described order of the Russian Ministry of Internal Affairs established a standard car purchase and sale agreement. The standard form should be taken as a basis when concluding a transaction.
4. Filling out a vehicle passport. Errors in the PTS can be grounds for refusal to register a car, so it is important to approach this issue responsibly.
5. Transfer of money, documents and car keys. Essentially, direct fulfillment of the terms of the contract.
6. Registration. The final stage procedures, and the most responsible, since government officials For the first time in the entire procedure, they will see the contract and related documents.

Let's look at each stage in more detail.

Step 1. Document verification

Documents that are subject to thorough verification can be divided into two groups:

1. documents required to complete the transaction;
2. related documents.

Although notary form the car purchase agreement was cancelled, documenting transactions must be carried out in full accordance with established by law requirements. Namely, in compliance with the Civil Code of the Russian Federation, the Federal Law “On Notaries”, Instructions for general office work.

The first thing you need to do before concluding a transaction is to check whether the seller or his representative has the right to own and dispose of the car.

Thus, the seller is obliged to provide the buyer with the title document for the car. Such a document can be a purchase and sale agreement, a gift agreement, an exchange agreement, or other documents.

It is important that the document presented by the seller coincides with the title document specified in the PTS.

You should also check the number of the body and components of the car for compliance with the vehicle passport, registration number, body color. It is necessary to verify the information about the owner in the PTS with an identification document of its owner, or a power of attorney if the seller is acting as a representative.

Please note the payment note in the appropriate section of the PTS. If not in the column special marks payment stamp, inquire about the reasons for non-payment.

In accordance with Russian legislation payment recycling fee is a prerequisite for registering a car with the traffic police.

The “duplicate” mark on the title should also alert the buyer, as it is one of the signs that the car may be pledged to the bank.

Before making a purchase decision, be sure to check the proposed car in the traffic police database. This can be done through the official website of the traffic police using the online vehicle verification service.

If the seller acts under a power of attorney, such paper is also subject to careful study. The document for the disposal of the vehicle must indicate not only information about the car with all generic and specific characteristics, passport data of the principal and representative, but also the powers of the authorized person, namely the right to sell, must be clearly stated.

When purchasing a car from a long-term representative general power of attorney you need to be especially careful. The fact is that due to the complexity and high cost of the previously existing registration procedure, some car owners preferred to carry out a “gray” transaction, according to which the seller issued a long-term general power of attorney for the car in the name of the buyer, and the buyer paid him in cash the cost of the car. On the one hand, the attorney under such a power of attorney has all the authority to sell the car to anyone he wants. On the other hand, the owner of the car still remains the primary seller, whose property at the time of the transaction could have been seized for any debts.

Therefore, it would not be superfluous to check the owner of the car for open enforcement proceedings on the FSSP website.

When considering the possibility of purchasing a car under a general power of attorney, be sure to consult with a lawyer. This will reduce possible risks conclusions such a deal to a minimum.

It is important to check the availability of the vehicle registration certificate (VRC).

Among related documents Attention should be paid to the presence of the seller:

• a valid MTPL insurance policy;

If there is a valid MTPL policy, the parties to the transaction joint statement can reissue the policy to the buyer, thereby saving money. Some insurers only need an application from the buyer, as well as the fact that he has a policy and a document and an agreement on the purchase of a car.

The absence of these documents, or their invalidity, is not an obstacle to completing the transaction, but requires the buyer to complete additional actions, namely a car, and issuing an insurance policy. Please note that this must be done before registering the vehicle with the State Traffic Safety Inspectorate.

Tips on how to thoroughly check documents before a transaction and what information about the car being sold should alert you are detailed in the following video:

If you still have doubts about the cleanliness of the offered car, invite the seller to drive to the nearest traffic police department and undergo an inspection, followed by signing the contract, full payment and simultaneous registration. Successfully completed state registration will dispel fears regarding completed transaction.

Step 2. State signs for the car

By new procedure the buyer has the right to keep the old state signs on the car. In this case, the seller will not need to first deregister them.

If the buyer wants to purchase new license plates, the seller is obliged to deposit the old state signs with the traffic police within 10 days after the transaction is concluded.

If a buyer who wishes to keep the old numbers for himself, within deadline fails to register the purchased vehicle, the seller has the right to withdraw registration this car registered with the traffic police. Thereby preventing possible conflicts with the moment of transfer of ownership of transport.

Step 3. Execution of the contract

The default standard contract contains everything the necessary conditions purchase and sale of a car according to the Civil Code of Russia, as well as tips on filling it out.

Thus, a standard agreement should contain:

1. Subject of the transaction. It is necessary to clearly describe the car, its color, body number, units, license plates, and other information that allows you to identify the product.
2. Seller and buyer information, with the obligatory indication of passport data and tax numbers and the legality of their actions.
3. Contract price. The amount is indicated in national currency which the buyer will have to pay to the seller.
4. Detailed conditions for transferring the car, money, related documents.

Although a standard purchase and sale agreement is simple, to avoid possible problems in the future, it is better to entrust the execution of the contract to a professional lawyer.

Find out how to independently fill out a vehicle purchase and sale agreement in accordance with all the rules in the following.

Step 4. Filling out the PTS

After signing the standard contract, you must fill out a vehicle passport () for the new owner.

To do this, you must enter the following in the empty column of your passport:

1. Information about the car buyer.
2. Information about its location (registration address).
3. The date of the transaction.
4. Information about the purchase and sale agreement.
5. Seller's signature. If the seller is a company, the signature of the authorized representative is certified by a seal.
6. Signature and seal (for businesses) of the buyer.

If there is no empty column in the PTS, then the seller is obliged to contact the State Traffic Safety Inspectorate for the issuance of a new passport before selling the car.

The procedure for replacing a title requires the submission of documents by the owner of the vehicle. And according to the Civil Code of the Russian Federation, ownership under an agreement that is subject to state registration passes after such registration is completed. Thus, if a buyer applies to the State Traffic Safety Inspectorate with an application to replace the passport before registering the car, he should be refused, since according to the State Traffic Safety Inspectorate, such a buyer is not yet the owner of the vehicle.

Current practice replacing a passport due to the lack of a free space for the new owner is an exceptional indulgence of traffic police officers who understand the obvious transfer of ownership to the buyer, and has no basis legal framework.

Step 5. Reception and transfer of the car

The final stage of a car transaction is the fulfillment of the main terms of the contract, namely the transfer by the seller of the car and related documents to the buyer, as well as the buyer’s settlement with the seller.

Thus, the seller is obliged to transfer to the buyer:

• car keys;
• MTPL policy (if available);
• diagnostic card (if available);
• two signed copies of the agreement.

After the transfer of the car and money is completed, the parties sign the acceptance certificate. IN this act all actions performed under the contract are listed, as well as a list of transferred material assets and documents.

It is important that the signing of the acceptance certificate for the purchase and sale agreement is proof of the absence of claims in this transaction between the parties regarding the quantity and quality of the goods, if there are no corresponding clauses in the act.

Step 6. Registration

New owner of the car within the allotted time 10 days from the moment of signing the purchase and sale agreement, re-register the purchase in your name with the traffic police.

According to the amended rules, the buyer can register at any traffic police department in Russia. You can also register via the Internet, through the “single public services portal” service.

To register, a registration application is submitted, to which are attached:

1. a copy of the contract for the traffic police;
2. diagnostic card;
3. OSAGO policy;

It is important to remember that errors in filling out the documents that are submitted for registration, as well as the seller’s deliberate concealment of facts that impede the legal sale of the vehicle, are grounds for refusal of registration, despite the concluded transaction and the fulfillment of all its conditions.

Since the beginning of 2015, the state duty charged when registering a vehicle with the traffic police is:

• registration with the issuance of new state signs for the car - 2850 rubles;
• re-registration without changing numbers – 850 rubles.

Payment of taxes

The money the seller receives when selling a car is income, and therefore general principles The Tax Code of the Russian Federation is subject to personal income tax.

Excluding tax deductions, it will be 13% of the transaction amount. To pay it, the seller must submit a 3-NDFL declaration to the Federal Tax Service at the place of his registration, with an independent calculation of the amount tax liability.

The declaration must be submitted no later than April 30 of the year following the sale. Tax must be paid no later than July 15 of the year following the sale.

But if the seller is an individual and owns the vehicle being sold for more than three years, he is exempt from paying taxes when selling such a vehicle.

All major legal issues The procedures for concluding a car purchase and sale transaction are voiced in the presented video:

With the entry into force of changes in the rules for registering a transaction, the procedure for buying and selling a car has become significantly simplified. But the lack of mandatory legal support on initial stages its preparation can cost considerable problems in the future. Therefore, we recommend using help professional lawyers when completing such a transaction.

Is it possible to draw up a purchase and sale agreement by hand or is it better to print it out? Does this document need to be notarized? And, most importantly, how to compose it in order to 100% eliminate problems with registration with the MREO? We understand all the intricacies of this process.

PrEP conclusion– this is only the final part of the transaction, which must be preceded by a detailed check of documents and the car. We talked about preparation in detail, so here we will focus on legal subtleties conclusion of the contract.

Your risks

According to the new administrative regulations, a transaction can be closed by simply signing the agreement by hand. In this case, the car may still be listed with the seller, and you will only have to go with it to the MREO and register it. You must understand that any problems that may “pop up” when making registration changes, you will decide on your own, or file a claim with the seller if any problems arise force majeure described in your contract or subject to a rule of law.

But, most likely, you will have to go to court, since not every seller will agree to resolve the conflict peacefully, and often he has objective reasons There may not be such a possibility. For example, in practice, when checking a car through the traffic police database at the time of deregistration, it may turn out that the car has a “double” in another city, which even the car owner himself may not know about.

How so? Yes, very simple. The thieves stole a car of the same brand, manufactured fake documents and interrupted the VIN, and then sent it to another region, so that the “original” and the “copy” would not accidentally meet on the road. If the traffic police are not aware of this, and the “double” has never come to their attention, then problems with registering the original car may not arise. And if the “copy” is spotted somewhere, then both cars will be prohibited from being re-registered.

Next, there will be an examination, based on the results of which a verdict will be made about which of the cars is real and which is fake. The ban on the real one will be lifted, the fake one will be left in the impound lot as evidence. crime committed(hijacking, number interruption). And even if you bought the “original” and not a “copy”, then “going through the throes of examination” is not the best pastime, believe me

Solution

The whole point is that it is impossible to find out about the existence of a double from the online traffic police database. This can only be found out at the time of the commission. registration actions. In order to eliminate unwanted litigation, save your nerves, it is best to stipulate in advance the fact that payment for the car will be made only after the car is removed from registration accounting.

Firstly, you will be able to personally, together with the owner of the car, drive up to the MREO and deregister the car, and the owner’s consent to this indicates his good faith.

Secondly, when the car is deregistered, it will be checked again against the database and, accordingly, possible “surprises” will be excluded, that is, you will be absolutely sure that there are no legal obstacles to purchasing such a car and its further operation.

Only after the necessary registration actions with the car have been completed will you give determined by agreement sum of money, receive the car keys and calmly take ownership. Legally, there are no restrictions on implementing this option for concluding a contract.

Thus, Article 223 of the Civil Code of the Russian Federation states: “The right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or contract.”

Next, Article 224 of the Civil Code of the Russian Federation indicates that: “The thing is considered delivered to the acquirer from the moment it actually comes into the possession of the acquirer or the person indicated by him. If at the time of concluding an agreement on the alienation of a thing it is already in the possession of the acquirer, the thing is recognized as transferred to him from that moment.”

These norms are supplemented by paragraph 1 of Article 486 of the Civil Code of the Russian Federation, which clearly indicates that: “The buyer is obliged to pay for the goods immediately BEFORE or AFTER the seller transfers the goods to him, unless otherwise provided by this Code, another law, other legal acts or a purchase and sale agreement and does not follow from the essence of the obligation.”

Purely legally, it would be legal to have a clause in the contract stating that the car can be paid for in full by the buyer only after its transfer. And at the moment of transfer of the car to the buyer, the contract may indicate the moment of performing registration actions with the car, as actions on which the possibility of sale by the buyer in the future depends own rights ownership, use and disposal of a car (the so-called triad of owner rights). In fact, what's the point of signing an agreement if the car is pledged to the bank or even stolen?

Thus, it is precisely the moment of handing over the car keys after completing the registration actions that will be considered the moment the ownership of the car arises, since it is precisely this second that is the fact that the car has arrived at the actual possession new owner.

In other words, it is the execution of registration actions with a vehicle that can be equated to the moment on which the transfer of the car to the buyer in its in kind and, as a consequence, the buyer acquires ownership rights to it.

The seller, of course, may require some additional guarantees and from the buyer. For example, in the form of making an advance payment in order to be sure of the seriousness of your intentions, and in this matter only you can decide whether to compromise with the seller or not. Legislatively, Article 487 of the Civil Code of the Russian Federation provides for the possibility of pre-payment for goods.

The actual design

So, if you have reached a consensus on the moment of registration actions, which, given changes in legislation, is important, and the moment of payment for the goods, then there should be practically no doubts about the seller’s integrity and, as a result, taking these conditions into account, you can proceed to review the rules concluding a contract for the sale and purchase of a car.

You will important to know, What:

1. The purchase and sale agreement must be drawn up in 3 copies: for the seller, the buyer and for the traffic police;
2. The agreement can be handwritten or printed. Be careful, you cannot combine these two methods. The principle of uniformity must be observed. Either you write an entirely handwritten contract or you type it. It is unacceptable to print some information, for example, about the buyer, and write some of it with a pen. If you are inclined to fill out the contract by hand, you need to choose blue, preferably ballpoint pen. It is not allowed to fill out the contract with colored or black pen;
3. In all columns of the contract it is necessary to indicate full information. Abbreviations of any words are unacceptable, with the exception of generally accepted and well-known abbreviations or abbreviations, the meaning of which will be explained in the contract itself. For example, horsepower can be reflected in hp, but the name of the city (say, Yekaterinburg) should not be abbreviated to “Ekb”;
4. All entries in the agreement, regardless of whether it is printed or handwritten, must begin from the very beginning of the column, in order to prevent the possibility of introducing any inconsistent information in the future. If the column remains free place, it is necessary to put a dash, and if several lines are not filled in at once, it is better to put a zigzag dash;
5. There should be no corrections or erasures in the contract, regardless of whether the text of the document is printed or written;
6. The purchase and sale agreement is not subject to notarization, it's a matter of personal choice. For those who have doubts, I suggest studying subparagraph 1 of paragraph 2, Article 163 of the Civil Code.

Do you need a notary? What about a lawyer?

Notarization is required only in cases expressly specified by law. To understand whether the purchase and sale agreement applies to these cases, you need to refer to Part 2, Section 4, Chapter 30, Paragraph 1, Article 454 of the Civil Code of the Russian Federation.

Opening it, we will see that it does not contain direct instructions the need for notarization of this transaction. But paragraph 2 of Article 163 of the Civil Code of the Russian Federation states: “by agreement of the parties notarization transactions are possible even if there is no direct indication of this in the law.”

WITH legal point From our point of view, notarization of a transaction will mean checking its legality, including whether each party has the right to complete it, as stated in paragraph 1 of Article 163 of the Civil Code of the Russian Federation. In general, everything is at your discretion. The same applies to hiring a lawyer to draw up a contract.

It is necessary to understand that a lawyer and a notary are not the same thing. Any notary is a lawyer, but not every lawyer is a notary. A notary is a person who has the right to perform notarial acts in accordance with the “Fundamentals of Legislation Russian Federation about notaries,” but a “simple” lawyer does not have such a right.

The notary is called upon to certify the legality of your transaction, but is not obliged to draw up an agreement for you. A lawyer can help you competently draw up a purchase and sale agreement, taking into account specific conditions that are essential to you. But the services of a lawyer, as you understand, are not free.

Required documents

1. Passports confirming the identity of the persons concluding the transaction;
2. Vehicle passport;
3. Vehicle registration certificate and state register sign;
4. Power of attorney to carry out the purchase and sale, if the person in front of you is not the owner of the car;

All this is true for individuals. The list of documents for concluding an agreement with a legal entity differs only in the presence of a power of attorney, which is issued by the company to the person authorized to carry out the transaction. By the way, in this case, the power of attorney must already indicate the cost of the car in rubles.

What should be in the contract?

WITH technical side the contract is completed. Now let's talk about its content, namely specific conditions, rights and obligations of the parties, which must be reflected in the document.

Among mandatory conditions , which should contain a car purchase and sale agreement will be:

1. Certification of the fact that the car belongs to the seller by right of ownership. In the contract it looks like this: “The vehicle specified in clause ... belongs to the Seller by right of ownership, which is confirmed by the vehicle passport, series ... No. ..., issued by ....”;
2. Recording the fact that the alienated vehicle has not been sold to anyone, has not been pledged, is not in dispute and is not under arrest, that is, in other words, there are no restrictions on registration and other legal meaningful action with property, including the alienation of this property;
3. You must indicate the cost of the car and the payment procedure.

Whether or not to include in the contract a clause on prepayment or full payment for the vehicle after registration is completed is your personal matter, we have already talked about this. Let me clarify once again that the buyer’s ownership right will arise exactly at the moment when he is given the car into actual possession, as a new owner, this is stated in paragraph 1 of Article 224 of the Civil Code of the Russian Federation.

But if you completely trust the seller and decide that changes to the registration data will be made by you yourself, after the actual purchase of the car, then the moment ownership arises will be the moment the parties sign the contract. You sign and the car is yours.

Naturally, the contract must spell out in detail individual characteristics car (make, model, year of manufacture, an identification number(VIN), state registration plate, registration certificate with the date of issue), date issuance of PTS, the authority that issued it. Enabling any additional conditions permitted only within the limits of the law.

Do not forget that if one of the parties to the transaction is a third party who is not the car owner, such a transaction will be legal only if the person has a power of attorney to carry out the purchase and sale of the car. The person to whom the power of attorney is issued signs the agreement on his own behalf, but is not and does not become the owner of the car, but only fulfills the obligation assigned to him by the present or future owner to conclude a specific agreement.

Is it possible by proxy?

If they do not enter into a purchase and sale agreement with you, but simply issue a power of attorney to drive a vehicle, you will not be the owner of the car, despite the fact that, for example, you gave money for the car. The previous owner will remain the owner of the car.

Subtleties

Well, perhaps, it would be useful to highlight a few more important points that should not be overlooked when concluding an agreement. If you are buying a car with newly issued insurance, you can apply for a recalculation of insurance funds at insurance company and pay the remaining money towards your new car insurance.

Don't forget to ask for documentary evidence gas equipment cars, if any. The lack of a certificate may become an obstacle to registering a car.

I guess that's all. Do not lose your vigilance at all stages of buying a car and be mentally prepared to face scammers. Good luck!

List of normative legal acts, which would be useful to study before concluding a purchase and sale agreement:

1. Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ (as amended on May 23, 2015) (as amended and additionally entered into force on June 1, 2015);
2. 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 upon submission public services on registration of motor vehicles and trailers for them";
3. Order of the Ministry of Internal Affairs of Russia dated November 24, 2008 No. 1001 (as amended on February 13, 2015) “On the procedure for registering vehicles” (together with the “Rules for registration of motor vehicles and trailers for them in State Inspectorate security traffic Ministry of Internal Affairs of the Russian Federation", " Administrative regulations Ministry of Internal Affairs of the Russian Federation for execution state function on registration of motor vehicles and trailers for them") (Registered with the Ministry of Justice of Russia dated December 30, 2008 No. 13051).

A car purchase and sale agreement must be signed in case of alienation or acquisition of a car. The need to draw it up and sign it is caused by the presence of such a procedure in Civil Code, which provides for the acquisition of ownership rights exclusively by alienation or acquisition through relevant agreement. Such agreements include: a car purchase and sale agreement, a car exchange agreement (if you want to exchange your car for another), a car donation agreement, a car rental agreement with subsequent purchase, as well as other types of agreements that are provided for by law.

Car purchase and sale agreement: why is it needed and is it needed at all?

Not everyone understands why a car purchase and sale agreement is needed, when you can “sell” a car by proxy. To understand the situation, it is necessary to refer to Article 185 of the Civil Code of the Russian Federation, according to which a power of attorney is a written authority issued by one person to another person for representation before third parties. Thus, a “sale by proxy” is nothing more than an order to dispose of a car. This means that after the issuance of a power of attorney, the owner, who is registered with the State Traffic Safety Inspectorate, does not change (with all the ensuing consequences in the form of fines, taxes, etc.). But that's not the worst thing. The most important thing is that the power of attorney, firstly, has limited period(Article 186 of the Civil Code of the Russian Federation) - 3 years. This means that after 3 years, the “buyer by proxy” loses any rights in relation to the car. In addition, there is a risk of revoking the power of attorney, when the principal simply goes to the notary and revokes the power of attorney. In this case, the authorized person (“buyer”) will not be able to sell this car, and in the event of a sale, this agreement can be easily challenged by the principal in court.

I hope that the above paragraph described in all colors risks of selling (purchasing) a car by proxy. Therefore, there should be no more questions regarding how to sell a car.

Form and content of the car purchase and sale agreement

Many sellers or buyers are deeply convinced that a car can only be sold through a notarized contract. This is a misconception that has no basis legal grounds. No, of course, sell the car for notarial agreement It is possible, it is not prohibited, but this does not mean that the form of this type of agreement is exclusively notarial. In fact, contracts between individuals, the amount of which exceeds 10 minimum wages, have a simple written form. If the seller or buyer is a legal entity, then the transaction must be written, regardless of its amount. According to Art. 434 of the Civil Code of the Russian Federation, if the parties agreed to conclude an agreement in a certain form, it is considered concluded after giving it the agreed form, even if the law did not require such a form for contracts of this type. This means that if the law does not provide for a mandatory notarial form of the agreement, then the parties can establish it independently. That's why a car is often sold at notarial transaction. Of course, if you are not a lawyer and do not seek help from law firm, it is better to go to a notary to complete this transaction. But remember, not all notaries good lawyers. Their range of activities is narrow and specific, and the lack of judicial and contractual practice sometimes affects the drafting of a particular document.

What should be written and indicated in a car purchase and sale agreement?

The rules of Chapter 30 of the Civil Code apply to the purchase and sale agreement of a car, and if such a sale is carried out legal entities, then the Law of the Russian Federation “On the Protection of Consumer Rights”.

According to Art. 454 of the Civil Code of the Russian Federation, under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (product) into ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money (price) for it. In accordance with Art. 455 Civil Code of the Russian Federation essential condition car purchase agreement is to agree on the subject of the contract, i.e. identification of the specific product being sold.

Is the price of the goods an essential condition of the contract and will the contract be invalid if there is no such price in the contract?

This question is very interesting, especially if you take it apart. To people far from jurisprudence, the answer will seem obvious: of course, if the price is not agreed upon, then how can you sell a car? In their opinion, a contract for the sale and purchase of a car without specifying a price is invalid. No! We look at paragraph 1 of Article 485 of the Civil Code of the Russian Federation and read: “the buyer is obliged to pay for the goods at the price stipulated in the sales contract, or, if it is not provided for by the contract and cannot be determined based on its terms, at a price determined in accordance with paragraph 3 of Article 424 of this Code, and also perform, at your own expense, actions that, in accordance with the law, other legal acts, agreements or usually required requirements, are necessary to make the payment.” And this means that if the contract price is not established by the car purchase and sale agreement, then it is determined based on market price, i.e. assessment by an independent appraiser.

Is it possible to challenge a car purchase and sale agreement?

Any contract, including the purchase and sale of a car, can be challenged. But for this there must be good reasons. If the contract is drawn up correctly, and its execution is confirmed by relevant documents (payment receipts, etc.), then this is almost impossible to do. Of course, we discard cases where the seller or buyer were declared incompetent or had such characteristics, which the other party took advantage of, but under different circumstances challenge a car purchase and sale agreement almost impossible.

And in conclusion, we will provide you with an approximate (not mandatory) sample car purchase and sale agreement. However, it is worth remembering that each contract must be tailored to each product, buyer, seller, as well as the conditions that were agreed upon by the parties. If you have agreed verbally about certain conditions sales, then be sure to duplicate what is said in the contract, it will not hurt, believe the vast experience of our company in this issue. Well, if after reading this article you still have doubts about the possibility of drawing up a car purchase and sale agreement on your own, then please contact us and we will definitely help you!

Sample form of a car purchase and sale agreement (sample)

Moscow city, “____” September 2009
We, Sellers ________________________________________________________________

_____________________________________________________________________________
and Buyer ________________________________________________________________
_____________________________________________________________________________
concluded genuine contract about the following:
1. The Subject of the Agreement.
The seller sells a vehicle (registered unit)
Ident. N (VIN) __________________ Body N _____________________
Make, model ___________________ Chassis (frame) N _______________
Year of manufacture _____________________ Vehicle passport: series ______ N ___
Model, engine N _____________ date of issue __________________
worth ______________________________________________ rubles,
belonging to him on the basis of ___________________________________
and transfers it into ownership to the Buyer, and the Buyer accepts this vehicle (registered unit) and pays its cost. Ownership of the vehicle (registered unit) passes to the Buyer from the moment of signing this agreement.
2. Contract price.
The buyer is obliged to pay the sellers under this agreement an amount in the amount of ____________ () rubles.
3. Risk accidental death.
The risk of accidental destruction of the subject of this agreement completely passes to the buyer from the moment of signing this agreement.
4. Product quality.
The buyer, by signing the contract, certifies the fact of inspection of the goods, and also agrees that all defects on the goods were obvious and agreed upon when signing this contract.
5. Rights and obligations of the parties.
5.1. The buyer has the right:
5.1.1. From the moment of signing this agreement, regardless of the fact of registration of the goods, dispose of the latter as the owner;
5.1.2. Receive the goods from the seller at the time of signing the contract.
5.2. The buyer is obliged:
5.2.1. Pay the amount specified in clause 3 of this agreement;
5.2.2. Re-register the goods with the traffic police;
5.2.3. Pay all costs associated with re-registration of the goods.
5.3. The seller has the right:
5.3.1. Require the buyer to carry out the procedure for re-registration of the goods;
5.4. The seller is obliged:
5.4.1. Transfer the goods to the buyer in accordance with the quality specified in clause 5 of the Agreement;
5.4.2. Do not interfere with registration actions in relation to the product.
6. Duration of the contract.
6.1. This agreement executed at the time of its signing.
6.2. Documents regarding the subject of the contract (goods) must be transferred immediately after its signing. The responsibility for deregistration and registration lies with the buyer.
Money in the amount of ________________ rubles
Received (sellers signature) _____________________________________________
Vehicle
(buyer’s signature) received _____________________________________________________
7. Responsibility of the parties.
The parties are liable under the Agreement in accordance with current legislation Russian Federation.
8. Contractual jurisdiction.
The parties agreed that if disagreements under the Agreement are not resolved pre-trial, they will go to court only at the place of residence of the defendant.

Sellers: Buyers
_____________________ Sellers: _____________________
_____________________ Sellers: _____________________

A popular real estate transaction is the purchase and sale. When registering, it is important to draw up a legally competent contract. Let's consider how to conduct a transaction yourself, what to look for Special attention and do not make mistakes when registering.

How to complete a deal yourself: step-by-step plan

The process of buying and selling involves the transfer of property from one owner to another. Buying an apartment requires a lot of preparation. To find a legally clean and clean living space, you will need the support of a real estate specialist. Not everyone has a reliable realtor, but if you know some rules, you can prepare the documents yourself. Preparation for a transaction contains the following stages:

1. Decide on— research the real estate market, find out the cost of apartments, find a direct seller.
2. Choosing housing- area of ​​residence, floor, number of rooms, availability of renovations, characteristics of the house, proximity to the city center.
3. Verification of documents- ownership, number of registered, presence of encumbrances and debts.
4. Make a deal- decor preliminary agreement, making a cash advance, notarized confirmation.
5. Registration of the agreement, transfer of area by .

The price is specified in the contract. Usually the parties put book value according to PIB, it is below the market price. They do this to avoid paying income tax and the state fee for the notary. But we must take into account that in case of termination of the contract, return full amount apartments will be possible through the court.

Verification of apartment owners and seller

Verification of owners is an important stage of the transaction. The owner or his representative who has notarized power of attorney. Be sure to check the authenticity of the documents. Even when doing business with a representative, you need to meet with the owner of the apartment and look at his passport. All other aspects of the sale can be discussed with confidant seller.

It is necessary to take into account such points that the property may be in or jointly owned, but according to the documents one person will be involved. Information about the seller can be found from. If you got the apartment, you should find the notary where it was registered and find out if there are still heirs to the property. In the office district court find out whether trials around the apartment.

Before completing a transaction, you must check the real estate seller. It should be clarified whether the owner will be present at the transaction. Pay attention to his behavior. According to the law, a person must be capable citizen. If his inadequacy is discovered, his relatives may challenge the property.

Checking documents confirming ownership of the apartment

Any seller has: a certificate of ownership; . When buying real estate, you should definitely check:

1. authenticity of all title documents;
2. authority of the property owner;
3. presence of persons in the square;
4. are there any encumbrances - rent, mortgage, arrest;
5. look ;
6. official registration of redevelopment.

Attention! If the property was acquired by the current owner in court, it can be appealed and the housing will be returned to the previous owners. It is unknown whether the buyer’s money will be returned; he may also have to sue.

Documents for living space should only be viewed in the original. Check signatures, stamps registration services. The certificate must be printed on a stamped form. There should be no erasures or corrections. The presence of blots is alarming and indicates that it is a fake. To ensure authenticity, you must request Rosreestr and receive a copy. After that, compare with the seller’s originals.

Checking the apartment for encumbrances

If the area was or was seized, then with the change of owner everything remains in force. This prevents the new owner from fully owning the property and there is a possibility of losing it altogether. The Registration Department issues a certificate from the state register, which contains information about encumbrances. You should be careful when one of the owners is a child under 14 years old. A representative acts on his behalf; his credentials should be verified.

Pay attention to the owner’s marriage, look at his certificate. According to the law, if the living space was purchased at official registration, the spouse's permission is required to conduct the sale. You should look at the certificate of absence. But remember, there is no data on those temporarily discharged - those in prison, conscripts in the army. Information about such people is obtained from. If these citizens return, they can report the right to housing after its sale. they can be done through the courts, and this is a long process.

Preparation of contract

When the documents are verified, the sale is being prepared for completion, a preliminary agreement is concluded. This is a guarantee that the owner will not sell the area again, and the seller will not. By signing the contract, the buyer pays. This is stated in the agreement, which can be of any form. The text states:

1. Full names of the parties, their registration, dates of birth, passports;
2. a record that the seller transfers the property and the buyer pays for it;
3. detailed description of the object;
4. housing costs;
5. absence of encumbrances, arrests;

When drawing up the contract, both parties or their official representatives are present.

Actual transfer of the apartment and drawing up the transfer deed

The last stage is the act confirming the transfer of real estate to the new owner. It is issued after inspecting the area and verifying payment utility payments. It is drawn up in 2 copies, and if a bank is involved in the transaction, then in 3 copies. There is no need to have it certified by a notary; it is written in free form. It contains:

• date, place, city;
• Full name and passports of both parties;
• information about the condition of housing, availability of equipment;
• signatures.

This is necessary to make sure that everything is in order with the documents and they have not been returned for revision. At the time of renting out the apartment, it must be completely empty of furniture. After signing the act, the seller has fulfilled his obligations under the contract and responsibility for the living space passes to the buyer. The keys are handed over and the seller is given the money deposited in the safe deposit box at the bank, the sale is completed.

Settlement with the seller of the apartment

It is important to pay for housing correctly. The settlement with the buyer is made after the contract is drawn up with a lawyer. When money is transferred before this procedure, the seller may not show up to complete the sale or may refuse the transaction altogether. Even if you have it, you can only get it back in court. Therefore, you should transfer the money after registration with a lawyer. The seller fills out the receipt personally.

It is considered safe to carry cash through a bank; it is involved in the sale and acts as a guarantor. In the presence of a bank employee, the money is sealed, signed and placed in a safe deposit box. After registering the sale, documents are presented and the seller is given the full amount. The deal is completed. If cash is transferred without safe deposit box, this procedure should be carried out in front of a notary or witnesses. Whenever unpleasant situations, they can confirm the transfer of money.

Obtaining a certificate of state registration of property rights

To avoid problems when selling, you need to take into account the following points:

1. Before registering with a notary, check that everyone has been signed out from the area, then this will have to be done in forcibly. The process can be very long.
2. When submitting documents for registration, be sure to take a receipt from the seller confirming that he has received the money. The document is drawn up in free form.
3. You should carefully study the documents provided for signature, compare copies and originals.
4. If the seller does not inform the buyer about third parties and their rights to reside in this apartment, then the buyer can terminate the contract.
5. If an apartment has been purchased, you must agree with the bank on the possibility of selling it and early repayment amounts.

If you don’t have confidence in yourself and your legal awareness, it’s better to trust a real estate agency. There they will draw up the contract correctly, all documents are checked for legal purity. You just need to choose an agency carefully; it must be well-known and have licenses to operate.

What else could be important when completing a transaction for the purchase and sale of an apartment? Video consultation

What do you need to know if you have no experience in concluding sales and purchase agreements, and for some reason it is impossible to contact a lawyer? About the most important points agreements that should be taken into account, says Andrei Ordin.