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How to properly register the sale of a used car

Purchase and sale of a used car, registration procedure, documents, registration

How to properly register the sale of a used car

Information is current as of October 2017

In 2017, buying and selling a used car is a simple and quick task, however, taking into account the new rules, in order to properly formalize and carry out this transaction, a clear sequence is needed. On the Auto-Dogovor.ru website, we will tell you and provide you with the procedure for registering the purchase and sale of a used car step by step.

Let's figure out how to make this deal correctly and for free:

⇒ Important: contacting a law firm (notary) does not guarantee you a completely positive and problem-free result, and does not relieve you of careful and responsible participation in this process. They don't give any guarantees!

  • You can complete the deal yourself; you don’t need to have anything certified by a lawyer.
  • You can buy a car with valid license plates; they can be changed later (if necessary, the Seller changes them before the sale)
  • There is no need to deregister a car (except for sales abroad)
  • Transit numbers are no longer needed.
  • Registration actions for a car can be carried out at any MREO, even in another region

So let's get started, it's very simple:

  1. After you have decided on the object of the transaction (the car), you need to collect all the documents and information about it, as well as about its owner (Seller) and the future Buyer.
  2. We check all data on used cars and participants in the transaction using available databases and government agencies for authenticity and restrictions.
  3. We draw up a car purchase and sale agreement and related documents.
  4. We carry out registration by the Buyer of the car with the State Traffic Safety Inspectorate (vehicle registration). 

Documents for registration of purchase and sale of a car 2017

The seller provides:

  • Citizen's passport
  • Vehicle registration certificate
  • Vehicle Passport (PTS)
  • Insurance policy (OSAGO), diagnostic card (if available)

The buyer provides:

Verification of documents and subject matter of the transaction

The check comes down to simple steps, the order of which must be completed before starting the process of purchasing a car in person (for convenience, take photographs or make copies of all documents):

⇒ Attention: most of our friends, before checking the documents, were sure that they did not have any debts, restrictions or other problems with government agencies. However, after checking all the databases, we were very surprised by the results obtained

  1. All submitted documents must be original, copies are not acceptable (including certified ones)
  2. The passport of the Seller and the Buyer must not be expired (from a photograph, for example), and must be valid. We recommend checking them on the FMS website using the link provided. The fields for the Seller and the Buyer are sequentially filled in: Link to the site by clicking on the image The database does not provide a full guarantee (updates are delayed), however, this can protect you from the possibility of invalidating your car purchase and sale agreement in the future.
  3. Next, we check the fines imposed on the car on the traffic police website. This fact may become an obstacle to registration. Fill in the presented items: Click on the link image. The presented database has recently begun to be updated quite regularly.
  4. Now we check on the official website of the State Traffic Inspectorate the registration history, participation in an accident, being on the wanted list, and the presence of restrictions on registration actions for the car. >LinkhereLinklink

Source: http://auto-dogovor.ru/kuplya-prodazha-avtomobilya-s-probegom-poryadok-oformleniya-dokumenty-postanovka-na-uchet/

What do you need to know when buying a used car?

Buying a used vehicle is one of the most common procedures today.

Not everyone has the opportunity to purchase a new car ex-showroom, but on the secondary market you can find a good option, both in terms of cost and car characteristics (mileage, make, etc.).

The big advantage of such a purchase is that you do not have to pay for salon services.

At the same time, buying a car second-hand is a troublesome task, especially for those who are doing it for the first time. Such a transaction carries a certain risk for the buyer.

So, how to buy a car from someone else and not make a mistake? What should you pay attention to?

Features and risks

The main risk of buying a used car is encountering scammers and swindlers . Dealers of easy money often sell stolen cars, cars involved in road accidents, etc.

There are also merchants who, even before signing a contract, demand an advance payment from the buyer, and then for some reason break the deal. The result of such an undertaking can be disastrous: the buyer will be left without a vehicle and without an advance payment.

The very low price should also alert you . Believe me, there is definitely a reason for this. Perhaps the seller does not have documents for the vehicle, or they want to sell you a stolen, damaged car.

True, sometimes there are exceptions when the seller reduces the price in order to speed up the sale of the car.

Gullible buyers often purchase cars from a seller who acts by proxy, without checking the document confirming his authority.

And in vain: any documents must be carefully checked . Pay special attention to the validity period of all documents and do not forget to look at your passport details.

At any moment, the real owner of the vehicle can show up and claim his right to the car. The deceived buyer will have to prove his case in court.

Do not agree to indicate a lesser amount in the purchase and sale agreement . If the judge declares the transaction invalid, the buyer will be returned the amount specified in the official contract.

Buying a used car is a serious procedure that is carried out according to certain rules:

  1. A used car transaction should only be completed under a purchase and sale agreement. Do not purchase a car using a general power of attorney, as it can be easily revoked, and then you will be left without money and without a vehicle.
  2. The key condition for completing the transaction is that the person selling the car has a complete set of documentation. It is this fact that confirms the seller’s honesty.

What documents are needed:

  1. Car passport . If there is no title, or the seller only has a duplicate, then perhaps this vehicle is mortgaged and cannot be sold. Having bought such a car, be prepared for the fact that in the future the bank will be able to take it away for the debts of the former owner. When drawing up a contract, pay attention to the contents of the PTS (the information must match the characteristics of the vehicle).
  2. Contract of sale . This document is drawn up in 2 copies and must include the signatures of both parties to the transaction. One copy remains with the buyer, the second - with the seller.

Some companies offer intermediary services for transactions involving the selection and purchase of cars. But you will have to pay for these services. Why waste extra money when you can go through all the stages of the procedure yourself?

Video: Buying a used car - “for Dummies”

How to buy a car safely? To do this, follow the procedure given below:

  1. Find a seller you trust. Do not contact suspicious persons.
  2. Request from the vehicle owner all the necessary documentation for it.
  3. Have the car forensically checked by the traffic police, where they will definitely give you comprehensive information about the car, namely: whether it is wanted, stolen, whether it was involved in an accident, whether it was repainted, etc. This process will take you some time, but you will be completely confident in your future purchase.
  4. Check the information received from forensic experts with the words of the seller.
  5. Carry out a car inspection. This procedure will allow you to find out the main characteristics of the machine and help you really evaluate it.

Buying a used car requires mandatory inspection . If you understand cars and don’t want to run through authorities, then do your own check. How exactly to do this?

We offer a number of steps for those who like to “dig” into cars:

  1. First, visit the car market and familiarize yourself with its pricing policy.
  2. Decide on the vehicle brand.
  3. After choosing a car, sit in the cabin for a while. Do you feel comfortable being in it? Make sure of this and then proceed further.
  4. Look under the hood and trunk. Assess the condition.
  5. Also appreciate the appearance of the “iron horse”. The car should not contain rust stains, dents, peeling paint, jammed doors, etc. When inspecting, pay special attention to the joints on the body where corrosion most often occurs.
  6. Ask questions to the owner about all repairs performed. It is desirable that they are not only voiced by the owner, but also displayed in documents. If there are large defects in the body, demand a reduction in price or refuse the purchase altogether.
  7. Start the engine and listen to how it works. Warm it up for 20 seconds and then turn it off. After that, turn it on again. If the engine is worn out, after these manipulations the indicator will definitely light up, indicating a decrease in oil pressure.
  8. Be sure to drive the chosen car for at least a short distance: some defects are manifested by characteristic sounds while driving (creaks, whistles, tapping, etc.). In addition, this way you will also check the brake system, assessing the smoothness of the car.

If after such a thorough examination your decision has not changed, proceed with the transaction.

Required documents

To complete a purchase and sale transaction in accordance with all the rules and laws, you need to contact a notary. What documents will both parties to the transaction need:

  • contract of sale;
  • passports of the buyer and seller;
  • PTS;
  • a certificate confirming the registration of the car (if the car has not been deregistered);
  • diagnostic card;
  • car insurance.

If you purchase a used foreign car, then the main list is accompanied by:

  • a document confirming the legal import of the vehicle into the country;
  • papers confirming previous sales;
  • documents issued by customs;
  • Vehicle title;
  • registration certificate (if it indicates a temporary registration, then this car will need to be taken abroad or have a permanent registration issued).

If you have all the necessary documents, the notary will certify the deed of sale and purchase of the car.

The purchase and sale agreement contains the following information:

  • data of individuals;
  • technical data of the car (make, VIN, model, year of manufacture, engine numbers, body, chassis);
  • PTS data (number, series, date of issue).

It’s better to play it safe, check everything properly, use the services of a notary and be calm about your property.

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And now you are the legal owner of a used car, and the previous owner will not be able to return the car, citing the illegality of the transaction.

One more thing: license plates

The previous owner has the right to keep the license plates of the vehicle in order to install them on a new car later.

For this purpose, he writes an application to the traffic police, and they will give him the numbers only after the car is re-registered and new numbers are assigned to it.

If the previous owner does not mind, then the buyer has the right to keep the old numbers by registering them in his name.

The duty in this case will be less than for replacement.

Next on the agenda is vehicle registration . Fortunately, since 2013, the presence of the old owner is not required to deregister the car and register it with the new owner.

Please only take the following documents with you:

  • passport (original and copy);
  • contract of sale;
  • IIN;
  • vehicle registration certificate;
  • extract from state records;
  • car certificate;
  • car insurance policy;
  • customs declaration (for foreign cars).

In addition, you will need to write an application to register the car and present a receipt confirming payment of the state duty.

Re-registration of the car to the new owner must be carried out within 10 days from the date of purchase . In case of any evasion of this procedure, the new owner will pay a fine.

Is it possible to return a car purchased second-hand under a sales contract?

Returning a car some time after purchase is not easy . First, carefully read the contract again.

The second obstacle to returning the car may be its accurate description with the defects and breakdowns you have identified.

It will not be possible to return the car to the former owner, and you will not be able to return your money, even if the agreement contains a reference to the report received from the expert service.

If the contract does not contain the specified clauses, then returning the car to the former owner is quite possible. How to “crank this out”?

First, make an appointment with the former owner of the car and calmly explain your circumstances to him . Sometimes people agree to a return, not wanting further problems and hassle.

But you shouldn’t hope too much for such easy agreement. The seller's reasons for refusal may vary, but most often the former owner argues that the money has already been spent.

In case of refusal, the problem will have to be resolved in court . You will need to prove that the car malfunctions arose before the transaction was completed.

If there are no supporting documents, then you will have to conduct a paid examination of the car. With an expert's opinion and a written complaint, go to the person who sold you the car.

Even if you use the services of an experienced lawyer, the litigation will last at least six months. And if the defendant actively persists, the process can last several years. So don't expect a quick refund.

Full compensation is possible only in two cases:

  1. A used car has irreparable defects.
  2. The cost of troubleshooting is disproportionate to the economic benefit received by the new owner.

If the car was purchased with minor defects hidden by the seller, then the buyer has the right to compensation equal to the cost of repair work, but not to terminate the contract.

You can’t do this without a good lawyer either. In addition, it will be necessary to prove that the damage was hidden by the seller. To do this, you will have to collect a number of documents and attract witnesses who will prove the buyer’s innocence in the breakdown of a used car.

In general, there is a lot of hassle. Whether this red tape is worth starting is up to you to decide.

As you can see, buying a used car is a very serious and responsible matter. But you can cope with this task if you adhere to the recommendations presented above in the article. Don't rush into purchasing and don't let scammers deceive you.

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Source: http://pravo-auto.com/kak-kupit-mashinu-s-ruk-oformlenie/

Handling a car purchase: features. How to purchase a used car:

In the modern world, where everyone is in a hurry to get somewhere, a car has long ceased to be a luxury - it is just a means of transportation. Many people prefer to buy cars second-hand rather than from a showroom. It's much cheaper that way.

After new rules came into effect in April 2011, purchasing a car in person became much easier. According to these rules, responsibility for paperwork when purchasing a used car is completely transferred to the buyer.

In this case, the seller only has to receive the money and give the keys. How to register a car correctly so that there are no problems later will be discussed in this article.

Where to buy a used car

It is clear that a used car once had a previous owner and a certain mileage. You can buy it not only from the owner himself, but also from resellers, as well as in car dealerships that sell such cars.

The procedure for purchasing a used car at a car dealership will be slightly different from purchasing a new one. The most problematic option for purchasing a used car is from resellers.

Now about this a little more.

The procedure for buying a car second hand

This purchase option is perhaps the most reliable. And provided that the seller is your friend, there should be no problems at all.

Usually the seller informs the buyer about the weaknesses of his vehicle and the price is quite reasonable.

In addition, the purchase and sale agreement, according to the new rules that have come into force, does not need to be certified by a notary and the car does not need to be deregistered.

How to purchase a used car? The procedure is outlined below:

  1. You can now download the purchase and sale agreement from the Internet. Next, you need to print it out in two copies.
  2. These forms can be filled out on a computer or by hand – it doesn’t matter. When filling out, all required fields must be filled out carefully. The contract contains all information relating to the seller, the buyer, as well as the vehicle. The engine number must be checked against the data from the vehicle title.
  3. This agreement is then signed by the seller and the buyer. The seller receives the money and the transaction is considered completed.
  4. It is advisable that the seller and buyer of the vehicle exchange contact information (telephone numbers). This is necessary so that the former owner can control the re-registration of the vehicle to the new owner. We'll tell you why this is needed below.

In general, the seller’s mission ends here and he can calmly go about his business. And the new owner still needs to go through the procedure of registering the purchased car at the traffic police department.

How to register a purchased used vehicle in your name

After the vehicle has a new owner, he needs to go to the MREO office with the purchase and sale agreement, PTS and his passport. The car is registered there.

When purchasing a car second hand, the traffic police re-issues the vehicle registration certificate to the new owner. But before that, you need to take out insurance for the vehicle.

If the vehicle being sold is not deregistered, then there are usually no difficulties when deciding how to register the purchase of a used car.

Why do you need buyer contact information?

Perhaps the buyer will not be a completely decent person. If he does not register the purchase of the car in person, then the old owner will receive all the fines and transport tax on this vehicle.

And if there is an accident with this car and there are injuries, then the former owner may well be brought to criminal liability. And in court you will have to prove your innocence. It takes a lot of time and effort.

To avoid such troubles, the previous owner can control the re-registration of the vehicle for his own peace of mind. For this you need the contact information of the current owner of the car. Of course, the tax authorities must notify the previous owner about the re-registration of his car to another owner, but, unfortunately, this does not always happen.

What to do if the new owner is in no hurry to register the purchased vehicle

There are situations when the car has already been sold, but taxes on it continue to be paid to the previous owner. What to do in this case?

If the new owner of the car has not registered the vehicle in his name after 30 days and it is impossible to contact him, then the previous owner has the right to submit an application to the traffic police department with a request to terminate the registration of the vehicle.

The statement indicates the reason - the location of the car is unknown. To do this, it is enough to present a passport, which will confirm that you are still the owner of the car.

The purchaser of the vehicle will then be able to independently restore the registration.

But you can do it differently. By presenting your passport and confirming that you are the owner of the car, you can deregister it. In this case, the acquirer will no longer be able to restore the registration, because This procedure is carried out only unilaterally, and the vehicle is written off as scrap.

Do I need a notary?

If the people entering into a transaction for the purchase and sale of a vehicle are well acquainted, then it does not need to be certified by a notary. Otherwise, it is better to have the deal notarized.

This will protect the seller from fines and taxes if the buyer does not re-register the vehicle.

A contract certified by a notary will cost only about 1,000 rubles, and more and more people prefer to draw it up in order to avoid unpleasant consequences in the future.

We buy deregistered cars

If the seller and buyer of the vehicle turn out to be strangers, the safest thing to do would be to purchase the car by deregistering it. To do this, anyone who wants to sell their car can contact the traffic police with a request to deregister the vehicle. For this you will need:

  • Passport.
  • Vehicle registration certificate.
  • PTS.
  • A power of attorney, notarized, is needed if the procedure for deregistering a vehicle is carried out not by the owner himself, but by his authorized representative.

Traffic police officers will check whether the car is listed as stolen, check the engine number with the information specified in the title, and fill out the necessary documents. After the vehicle is deregistered, it can be put up for sale.

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The buyer of such a car will have no choice but to register it and register it in his name.

Thus, the previous owner will sleep peacefully and not be afraid that fines and taxes on the sold car will come to him.

Buying a used car. Legal side

What actions must be taken when purchasing a used car that has been deregistered? He must first obtain an MTPL policy for the purchased car, and then contact the MREO traffic police department and have the following documents with him:

  • Passport.
  • Driver's license.
  • Contract of sale.
  • PTS.
  • MTPL policy must be purchased within 10 days from the date of purchase of the vehicle.
  • Transit numbers (if present).
  • Receipt for payment of state duty.
  • Application for vehicle registration. The traffic police officer who inspected the car must put the appropriate mark on it.
  • Cargo customs declaration or a copy thereof (if the car was exported from abroad).
  • A power of attorney certified by a notary is needed if the vehicle is registered by the owner's authorized representative.

After the traffic police inspector checks all the documents and checks the engine numbers with the information contained in the PTS, the new owner of the car will be issued state registration plates and a vehicle registration certificate.

The new owner must register the car in his name within 10 days from the date of execution of the purchase and sale agreement, i.e.

During this time, you need to have time to undergo a technical inspection, if there is no diagnostic card or it is expired, buy a compulsory motor liability insurance policy and register the vehicle with the traffic police.

After all these formalities, the purchase can be considered completed, and the buyer will not face any claims or fines from the traffic police.

Why are transit numbers needed?

If the car is deregistered and the seller is confident that he will be able to sell the vehicle within five days, then transit numbers do not need to be received. Now, according to the law, this is the period for which you can drive a car without registration plates.

For a buyer, if he plans to drive the purchased vehicle to another region and register the car there, it is better to obtain transit numbers. They are valid for 20 days and cannot be extended. But if during this time the buyer did not manage to complete the purchase of the car in person, he will need to obtain new transit numbers and pay the state fee again.

Do I need to replace old license plates with new ones?

When selling a car, the previous owner can keep the license plates and subsequently install them on a new vehicle. To do this, write an application to the traffic police department with a request to leave registration license plates.

This is possible provided that the rooms are in good condition, i.e.

The numbers and letters on them are well readable, have no scuffs, no chips or deformations, and there are only standard holes and no additional ones.

The buyer can also keep the old numbers under the same conditions. An additional condition is registration of both parties (buyer and seller) in the same region. You will still have to pay the state duty for license plates.

Should a duplicate PTS be a concern?

What do you need to know when buying a car second-hand? Let's talk about the duplicate PTS - the main document of the vehicle.

From this document you can find out all the information about the purchased car, including information about its previous owners.

But when selling a used car, both the original title and its duplicate can be provided. Everything is clear with the original; the entire history of the car can be clearly traced from it. But what about the duplicate?

If a duplicate is provided, should this alert the car buyer? On the one hand, it's okay. After all, the original may wear out or be lost, then in exchange for it the owner of the vehicle is given a duplicate PTS.

On the other hand, it may well be provided to the buyer by scammers. They issue a duplicate title for a car that is stolen or pledged to a bank, supposedly to replace a lost one.

But in fact, the car does not belong to them at all, and if this vehicle is subsequently sold, the buyer will be the injured party.

If the car is pledged to the bank, then the real owner (the bank) may well demand the return of his property through the court. In this case, the deceived buyer will lose the purchased vehicle and the money will not be returned to him.

Thus, in order to protect yourself from such troubles, it is better to check the car you are buying against the database of pledged and stolen vehicles before the transaction. You can ask the seller for a photocopy of the previous title; bona fide car owners usually keep them. The mark on the duplicate PTS “to replace the lost one” should be especially alarming.

Processing the purchase of a car in person will go smoothly only if all your questions have been answered and the documents presented for the car do not raise suspicions. Be careful, because you are giving away your money, and if the seller turns out to be a fraud, getting your money back is often very difficult and not always possible.

Source: https://BusinessMan.ru/new-oformlenie-pokupki-avtomobilya-s-ruk.html

How to sell a car correctly and safely under the new rules

​Both buying and selling a car is a rather serious process. Both of these events are closely interrelated - one buys, the other sells.

And, unfortunately, there are plenty of scammers in the automobile market; the danger of running into them exists not only for the buyer, but also for the seller.

And with the introduction of new rules for the transfer of car ownership, which have simplified this procedure, special attention should be paid to the sale of a car. Today we will talk about how to sell a car correctly and safely according to the new rules.

Selling a car usually doesn't happen quickly. First you need to find “your” buyer.

Before putting a car up for sale, be it on an online platform or a car market, so-called pre-sale preparation is carried out, which includes minor repairs, replacement of consumables, painting of parts, getting rid of rust stains, washing the body and engine, cleaning the interior and etc.

In addition, you need to prepare and mentally - find an official reason for the sale. In any case, the buyer will be interested in why the car is being sold, and it is necessary to find an answer that will not arouse much suspicion.

Although here everything depends on the buyer - some are interested in the appearance, while others will carefully listen to the engine noise.

During the sales process, many times you will have to show the car to no avail and go for diagnostics at the expense of the potential buyer.

But when a real buyer who is really ready to purchase a car has been found, and the selling price has been specifically determined and agreed upon by both parties, it is time to deal with the legal side of the issue, which is precisely where legislative changes have been made.

Officials decided to simplify the purchase and sale procedure for motorists by reducing bureaucratic delays. Now, when selling a car, you do not need to deregister, which is a definite advantage for the seller .

But at the same time, the risks of the buyer increase, who can discover some problems with the car only at the moment when he registers it with the nearest traffic police, which means that the property is already his property, and these problems cannot be avoided.

According to the simplified scheme for selling a car, all actions with registration are carried out only by the buyer (and he is now given a whole 10 days to do this) - the seller has absolutely nothing to do with it. The seller’s job is only to find this buyer, formalize a deal with him, receive money and hand over documents and keys.

The remaining actions fall on the shoulders of the acquiring party. Thus, when selling a car, it is no longer necessary to deregister it; it is only necessary to conclude a legally competent agreement on its sale .

How to legally draw up a new contract for the sale of a car

A car purchase and sale agreement is the most important legal document that defines the relationship between the seller and the buyer regarding the vehicle, and on the basis of which ownership transfers from one owner to another.

Many people use outdated contract forms, while according to the new rules, its form should be slightly changed.

If you use old forms, you can draw up an agreement incorrectly, then it simply loses its legal force, and this is fraught with troubles and problems for both the buyer and the seller.

The agreement is drawn up between the parties in simple written/printed form, in two copies. There is no need to have such a document certified either by a notary or anywhere else.

The car sale agreement according to the new rules states:

  • The locality where the contract is drawn up, the date of its preparation.
  • Data of the parties, their passport data, registration data.
  • Subject of purchase and sale: the car itself, where its full characteristics are indicated, according to the vehicle passport (model name, engine, body and chassis numbers, color, year of manufacture, l/s, kW, load capacity, etc.)
  • Identification numbers and vehicle passport data.
  • The full cost of the car, it is indicated in numbers and words.
  • The state number and data on the vehicle registration certificate can be included as a separate clause in the contract at the request of the seller or buyer, but are not mandatory. The requirement for traffic police inspectors who are completing the re-registration of a vehicle to indicate this data in the contract is not legal.

When drawing up a contract, it is important to be guided by the principle of completeness of information; it must be comprehensive and not allow for any interpretation.

As for the physical execution of the purchase and sale agreement, its sample form can be downloaded just below in this article. Most often, they leave the form as it is and simply fill out the necessary lines.

But you can download the form in a format where there is editing, and add certain important and significant points. As a rule, one of the parties organizes the forms.

Read also:  How to check traffic police fines

As a piece of advice: after downloading the form, it is best to fill it out immediately, on the computer, and completely - on both sides. Filling out the contract in different ways is not allowed; it can be filled out:

  • On the computer (fully printed version).
  • By hand (filling in the data in the left lines with a ballpoint or capillary blue pen, filling in a color other than blue (for example, black, red) is not allowed).

Download a new car purchase and sale agreement.

Our lawyers know the answer to your question

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You need to fill out the document using either the first or second method. That is, you cannot, for example, print the data of one party on a computer, bring it to the other party, and she, in turn, fills in her data by hand. This shouldn't happen.

It is best to make the entire agreement in printed form, where only the signatures will be affixed with a pen. If the lines of the contract are filled out by hand, then you must start writing from the very beginning of the line, and put a dash at the end to exclude any “additions” by unscrupulous parties.

Also, when filling out a document with a pen, no blots or “misprints” are allowed.

We draw up a transfer and acceptance certificate for the vehicle

It is also recommended to draw up an act of acceptance and transfer of the car between the parties, which duplicates the data of the seller (transferring party) and the buyer (receiving party), identification data of the vehicle, and the place (locality) and date of transfer are required.

It is also important to indicate in the act the fact of transfer of documents for the car and the keys to it to the buyer. Both parties sign this act, in two copies, for the seller it is a confirmation document that he actually transferred the property along with the keys and documents, and did not just take money for the car.

This action will protect the seller in the event of unfounded claims being presented to him.

Download the vehicle acceptance certificate for the purchase and sale agreement.

A thorough study of the issue does not always guarantee a positive outcome . On our website you can get the most detailed consultation on your issue from our lawyers for free in Moscow ( +7-499-938-54-25 ) and St. Petersburg ( +7-812-467-37 -54 ) .

Of course, you can do without the act of transferring the object of sale. But then such clauses should be included in the purchase and sale agreement itself, where there will be separate lines like “the car was handed over” and “the car was accepted.”

It is also advisable to include a clause stating that the new owner has received a set of keys and documents. There are plenty of scammers on the buyers’ side, too, so it’s better to protect yourself with similar clauses in the contract, or a separate act.

Ideally, you can also invite witnesses to the transfer of the car, who are persons disinterested in this transaction.

Requirements for PTS according to the new rules

When selling, you should also take care of the title. The responsibility for ensuring that this document complies with the rules falls entirely on the shoulders of the seller, as the actual owner of the car.

The most important thing before the actual sale and conclusion of the contract is to make sure that there is enough space in the vehicle’s passport to make another entry indicating a change in the owner of the car. If there is no space, and, therefore, it is impossible to make this entry, the traffic police will refuse to re-register the car to a new person.

Only the owner can get a new passport for a car, and the owner before re-registration is the previous owner, even if a sales contract is signed and the object is directly transferred to the new owner.

  If the traffic police refuses registration to the buyer who purchased the property, the latter will still be forced to contact the seller to make a new title. So these problems cannot be avoided. Therefore, you should take care of the place in the vehicle passport in advance. If it is not there, apply for a new one. If there is, then there is nothing to worry about.

If the seller or buyer are third parties

There are some special cases of buying and selling a car. These are cases where the buyer or seller are only third parties in the transaction. That is, either one or the other (or maybe both) act on behalf of someone else.

In this case, it is necessary to have a document such as a power of attorney. And not just a power of attorney, but a notarized one.

If the seller of the car is not its owner, then you should take care in advance to draw up a power of attorney, where the real owner will give the person the right to carry out on his behalf any legal transactions with the vehicle, including its sale.

Such a document must be executed by the notary in person by the owner of the property. If there is one full name in the vehicle’s passport, and another in the seller’s passport, then, in the absence of such a power of attorney, the sale transaction will be considered invalid .

The buyer, who will not subsequently be the owner of the car, should also obtain a power of attorney from the future owner on whose behalf he is acting. The buyer's full name is entered into the purchase and sale agreement, but the full name of the new owner of the car, in whose name it will be registered, is entered into the vehicle passport.

Source: http://law03.ru/avto/article/kak-bezopasno-prodat-avtomobil-po-novym-pravilam

How to register the purchase and sale of a car

Good afternoon, dear reader.

In this article we will talk about how to sell a car correctly , i.e. complete a purchase and sale transaction.

Although a sample car purchase and sale agreement has already been published on pddmaster.ru, some features of the transaction remained behind the scenes.

Therefore, today we will consider step by step how to arrange the purchase and sale of a car.

How to sell a car correctly

Let's consider the process of transferring ownership of a car step by step:

1. The seller and buyer must verbally discuss all the details of the transaction so that each party understands what is what. For example, at this stage you need to agree on the cost of a car, etc.

2. Filling out a car purchase and sale agreement (example and form - here).

3. Filling out the vehicle passport (PTS).

4. Transfer of money.

5. Car transfer.

6. Transfer of documents.

7. Registration of the car with the traffic police by the new owner.

Let's take a closer look at those stages of buying a second hand car that usually raise questions.

1. Currently, the seller does not have to deregister the car with the traffic police, i.e. No special preparation is required for buying and selling a car.

The only situation that needs to be taken into account is the lack of free space in the vehicle. If there is no space left in the PTS, then get a new PTS from the traffic police, and only then sell the car. Otherwise, the buyer will not be able to register it. If you act as a buyer, then check in advance whether there is free space in the vehicle title.

2. The execution of the purchase and sale agreement is discussed in detail here, so I will not repeat it. Simply print out 3 blank contract forms and fill them out according to the sample.

Filling out the PTS when registering the purchase and sale of a car

Currently, vehicle passports have 6 places for entering information about the owners. When registering the purchase and sale of a car, you should select the next empty “window” and enter information in the following columns:

– Name (full name) of the owner;

– Address – you should enter the address where the buyer is registered;

– Date of sale (transfer);

– Document of ownership – information about the purchase and sale agreement is recorded in this column. For example, “Agreement for the purchase and sale of a motor vehicle dated December 8, 2012.”

– Signature of the previous owner (and seal, in the case of a legal entity) – signature and seal of the seller.

– Signature of the real owner (and seal) – signature and seal of the buyer.

At this point, filling out the PTS is completed and you can proceed to the next stage.

4. The buyer transfers money to the seller, which the seller makes a note about in the purchase and sale agreement.

5. The seller gives the buyer the keys to the car and also makes a corresponding note in the contract.

6. The seller transfers the following documents to the buyer: PTS, 2 copies of the purchase and sale agreement (for the buyer and the traffic police, the third remains with the seller), a vehicle registration certificate, a diagnostic technical inspection card. The car must also have license plates (including transit numbers).

In principle, the seller’s work is finished and he can go home. Although, in case of any surprises, I recommend that the seller and buyer still exchange phone numbers.

Registration of a car with the traffic police when purchasing a car second-hand

Let's take a closer look at registering a car with the traffic police.

First, the buyer needs to examine the diagnostic technical inspection card and find out its validity period. If the card is valid for at least one more day, then based on it you can buy an MTPL policy from any insurance company.

If the diagnostic card is expired, then first you will have to undergo a technical inspection, and only then purchase an insurance policy.

Once you have the MTPL policy in your hands, you can easily register your car with the traffic police. You will find more detailed information on registering a car in this article.

Let's consider the time frame within which the above actions need to be completed:

1. OSAGO must be purchased within 10 days.

2. You also need to register your car within 10 days.

Those. within 10 days from the date of concluding the purchase and sale agreement, you need to undergo a technical inspection (if you do not have a diagnostic card), buy a compulsory motor liability insurance policy and register the car with the traffic police.

After this, the registration of the purchase and sale of the car can be considered completed and you can use the car without any claims or fines from the traffic police.

And finally, I suggest you watch a funny video about a car that is time to sell:

Good luck on the roads!

Source: https://pddmaster.ru/avtomobili/kak-oformit-kuplyu-prodazhu-avtomobilya.html

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