Registration of purchase and sale of a car

Getting ready for the deal

To ensure that the transaction goes through without force majeure, check the documents for the car and the owner. There are scammers among private owners - the car being sold may be stolen, pledged to the bank, or even scrapped. Therefore, before purchasing, ask the seller to provide a complete package of documents:

original car passport (PTS);
serial book with VIN number;
certificate of registration (CTC);
diagnostic card;
former or current insurance policy;
certificate of ownership;
the seller’s passport or power of attorney from the owner with his contacts.

If the seller cannot provide any documents, it is better to refuse the purchase.

We check the owner

Ask the seller to show his personal passport and compare it with the data in the owner’s documents and the MTPL insurance policy. If the seller is not the owner, ask him to show the owner’s power of attorney and give his contact phone number. Call the owner and ask who the seller of the car is to him, whether the owner gave permission for the sale and the execution of a power of attorney.

To identify a reseller, ask the owner to name the make, model, characteristics of the car, where he bought it and what service center he used to service it. Resellers sell a lot of cars, so they can get confused and give the wrong information. The owner's answers must match the documents.

Checking the VIN at the dealership

The condition of the basic equipment of the machine can be checked at the dealer. Ask the car owner to go with you to the dealership with all the documents for the car. An inspection officer will check the vehicle.

For example, if you buy a Ford Focus sedan, and as a result of checking the VIN belongs to an Audi, the number is fake, and the car may be stolen. The description of the basic configuration must match the characteristics of the car being sold.

If everything is in order with the documents for the car, and the seller inspires confidence, you can negotiate a deal. Let's consider two ways of concluding transactions - with a private owner and a car dealership.

Benefits of notarizing a loan

To protect yourself from possible troubles, the lender prefers to draw up an official document. Certification of a loan agreement by a notary provides many advantages:

the text will indicate all the necessary details of the borrower (passport details, residential address)
the interest rate for the use of borrowed funds and the procedure for its payment to the lender (usually monthly);
the notary will check the borrower’s documents against the database of the Ministry of Internal Affairs and the bankruptcy register, which eliminates the falsification of documents;
the parties are explained the provisions of the Civil Code of the Russian Federation on the procedure for granting and repaying loans;
If the borrowers fail to fulfill their obligations, the lender may contact the notary for affixing a writ of execution.

A notarized loan agreement between individuals or, in the case where one of the parties is an organization, relieves the lender of the need to go to court if the borrower fails to pay the debt. The notary's writ of execution gives the loan agreement the force of an executive document. The creditor can submit it to the bailiff service or to the enterprise where the debtor works, as well as to the credit institution where the borrower has an account. The funds will be written off to repay the debt unconditionally.

We conclude a purchase and sale agreement with a private owner

A standard form of a car purchase and sale agreement (SPA) can be easily found in search engines. A notary is not required to register a document, but to be on the safe side, you can sign the documents at a notary's office.

Some drivers sign a certificate of registration directly with the traffic police in order to check the car on the spot for the presence of a “double” and register a new certificate. Ask the owner of the car to come to the traffic police, sign an agreement with him and pay for the purchase upon registration.

Prepare and print out the purchase and sale agreement in advance - 4-6 copies, the transfer acceptance certificate - 2 copies, a sheet of paper for receipt. The buyer needs to give one copy each to the traffic police and the tax office.

How to fill out a purchase and sale agreement:

write the data in full, without abbreviations;
do not make mistakes, typos, blots;
signatures in the contract, acceptance certificate, receipt and PTS must be in the same pen;
if there is an empty column, put a dash so that in the future the seller does not enter unnecessary data;
The contract must be completely either printed or handwritten. In the printed version, you can only fill out the fields and add signatures.
Please include the VIN, make and model of your vehicle carefully.

In the car passport, fill in the owner column. Please provide your details: full name, registration address. Record the date of sale as in the contract. In the “Document of ownership” section, indicate “purchase and sale agreement dated xx.xx.xxxx”. Be sure to sign it yourself and ask the seller to sign it.

Indicate in the contract only the amount you are paying for the car. If it later turns out that the transaction is declared invalid - due to forged documents, a ban on car registration or other reasons, you will only be able to claim the amount specified in the contract.

Before you give the money, ask the seller to write a receipt for the amount he received from the sale of the car. It is better to pay for the purchase through a bank by transferring money to the seller’s card in order to record the transfer of money.

If the seller is not the owner, then a notarized power of attorney for the right to sell on behalf of the owner must be attached to the contract. In this case, the contract must contain the data and signature of the seller, not the owner.

After you sign the agreement, fill out the acceptance certificate. In the list of items, indicate everything that the former owner gives away with the car. Typically the list includes:

2 pairs of keys;
diagnostic card;
STS and PTS;
old or current MTPL insurance policy;
license plate numbers, if the seller gives them with the car;
3 copies of the purchase and sale agreement.

If you do not have a certificate or passport, you will not be able to register with the traffic police.

Come to the signing of the contract with a friend or relative: it will be more difficult for an unscrupulous seller to confuse several people.

How to register a used car when purchasing: drawing up an agreement

Preparation of papers is the most important stage of the transaction. But before moving on to it, we advise you to check the owner of the car through a special service. It is possible that enforcement proceedings have been initiated against him, which could lead to restrictions from the traffic police. Because of these restrictions, you will not be able to register the car in your name until the old owner pays off the debts, and the new owner will not be able to register the car with the traffic police.

From the report you will find out whether the owner has problems with the law, whether his passport is valid, whether there are debts and enforcement proceedings. View an example report

There may be a situation in which the bailiffs sent documents to seize the car to the traffic police, but at the time of the transaction the traffic police did not have time to receive these documents or enter data on restrictions into the database. The new owner buys a legally clean car, and the next day the vehicle has restrictions. Until the old owner pays off the debts, the new owner will not be able to register the car with the traffic police.

Let's figure out what documents to fill out when buying a used car. First of all, this is a car purchase and sale agreement. As with any paper business, there are some subtleties here. First, let's look at what data must be included in the document:

date and place of signing;
passport details of the seller and buyer;
full car and title data;
absence of encumbrances;
method and terms of payment, as well as transfer of the vehicle.

All lines in the contract must be completed. If any of them are left blank, add dashes. This will protect you from entering data into it without your knowledge.

Also read: How to correctly fill out a used car purchase and sale agreement

Additionally, you can draw up an act of acceptance and transfer of the car, which records the fact of transfer of the vehicle and its condition at that moment, and also confirms that the parties have no claims against each other. Here you need to specify the date and time of transmission. This will insure you, for example, against paying fines for the previous owner.

You need to fill out the papers in three copies: one remains with you, the second with the seller, and the third will be necessary to register the car with the traffic police. It is not necessary to have them certified by a notary. However, you can still turn to him to certify the legality, including the right of both parties to commit it (clause 1 of Article 163 of the Civil Code of the Russian Federation). This is true, for example, in the case when the car is pledged to the bank. If you have any doubts about this, please refer to Part 2, Section 4, Chapter 30, Paragraph 1 of Article 454 of the Civil Code of the Russian Federation.

Another common option is to issue a general power of attorney with the right to sell. This method is usually chosen to reduce costs (both time and money). The principal (owner) transfers the rights to the car to the buyer, while the vehicle remains his property (see Article 185 of the Civil Code of the Russian Federation). It is important to remember that by agreeing to this type of transaction, you are taking a certain risk. The owner can revoke the power of attorney at any time or demand money for the car in case of sale. Problems also often arise in the event of the death of the seller or his recognition as incompetent (ownership in this case passes to the heirs). We advise you to study the situation very carefully.

Also read: How to buy a car using a general power of attorney

We conclude a purchase and sale agreement with a car dealership

Typically, car dealerships themselves register the car with the traffic police and then sell it. But there are other schemes.

The car dealership indicated itself as the owner in the title, but the car is not registered with the traffic police.

When purchasing such a car, you must have a purchase and sale agreement, a payment document, a transfer and acceptance certificate, and a contract of acceptance of the car dealership with the previous owner.

The car dealership is an intermediary.

In this case, the dealer sells the car, but legally it still belongs to the former owner. Ask the dealer to show the commission agreement - a document confirming the right to sell the car on behalf of the owner. If there is one, the car dealership sells the car and prepares the documents itself. If legal or technical problems arise during the paperwork, you will have to personally contact the former owner. The dealership automatically declines all liability.

When a car dealership doesn't own the car and doesn't have a commission agreement, it has no rights to sell.

Features of calculation and payment of interest

The lender and the borrower agree on the presence (absence) of interest for the use of money (things) at their own discretion. In this case, the provisions of the law must be taken into account.

If the amount does not reach 100 thousand rubles, and the agreement does not indicate interest, the loan is considered interest-free;
If the loan size exceeds the above limit, the general rule applies: the rate (or lack thereof) is directly specified in the contract, otherwise the calculation is made at the Central Bank rate (5.5% as of July 2020);
Interest can be paid in any order under the agreement: monthly, along with the payment of part of the debt, or at the end of the contract;
If the debt is paid in installments, the creditor has the right to demand early repayment of the entire amount if the partial installment is not paid within the agreed period;
With an interest-free loan, the borrower has the right to repay the entire amount ahead of schedule;
The amount of interest received by the creditor is a financial benefit. Income tax is calculated and paid from it.

If the parties decide to draw up a loan agreement with a notary, they will be explained all the provisions of the law and warned of the consequences of failure to fulfill the agreement. If a legal dispute arises, a notarized agreement is the main evidence in court, and the fact of the loan does not require additional confirmation (proof).

In the case where the notarial loan agreement does not include provisions on liability for late payment, the default rule applies: penalties are charged on the overdue amount for the period from the established payment date to the date of actual repayment. Interest corresponds to the key rate of the Central Bank for the calculation period.

Penalties (fine) are not collected if the agreement establishes a penalty for delay in debt payment, unless otherwise provided by law or agreement (Articles 395, 811 of the Civil Code of the Russian Federation).

Main

Before concluding a contract, check the documents of the owner and the car.
Check the VIN twice: on the traffic police website and at the dealer.
It is better to draw up a purchase and sale agreement at the traffic police in order to immediately check the car for the presence of a “double” during registration.
Record the fact of payment - pay at the bank, through an ATM, take a receipt.
Don't buy a car from a dealer who doesn't own the car or has a commission agreement. Indicate in the contract only the actual purchase amount.

Photo: unsplash.com, “Behind the wheel”, depositphotos.com

Preparation of documents for used car insurance

Buying a used car secondhand does not necessarily require maintaining a compulsory motor liability insurance policy. According to the established procedure, if you buy a car without insurance, you must obtain it within 10 days after the purchase and sale transaction is concluded. At this time, you cannot be fined for its absence, but if you get into an accident and are found to be at fault for the accident, you will have to pay compensation out of your own pocket. Therefore, do not delay in applying for a policy! You can apply for an MTPL policy without visiting the office and save up to 3,000 rubles here.

You can also negotiate with the seller to keep your current insurance. In this case, you will need to visit the insurance company together to re-issue the papers. For the unused insurance period, compensation is provided to the ex-owner.

Also read: How to apply for compulsory motor liability insurance when buying a used car