Is it possible to sell a car. Buying and selling a car

Buying and selling a car is one of the most common property transactions today.

Funds for buying a new car are not always enough, and among used cars it is quite possible to find decent options at an affordable price and with good technical characteristics. In addition, the purchase of a car on the secondary market frees the buyer from having to pay for the services of car dealerships.

On the other hand, this is a big responsibility, since buying a car from hands can be quite risky for the buyer, and the seller of the vehicle also has certain risks. The new rules for re-registering cars with a new owner only increase these risks, although they simplify the very procedure for buying and selling a car.

Can I sell a car myself? How to sell a car safely? How to secure a deal for the sale of a used vehicle? You will find the answer to these and other questions in this article.

It may take several months from the moment of making a decision to the moment of receiving money for a sold car. The car can be sold either independently or under a general power of attorney.

• In the first case, the contract will be concluded between the seller and the buyer, as the former and the new owner of the car.
• In the second case, a third party will act as one of the parties, who has received the right to sign documents on the basis of a general power of attorney from the seller or the buyer.

There are many risks in the sale of a car under a general power of attorney, it is worth being as careful as possible and carefully checking information about the owner and representative, as well as about the car itself, so as not to become a victim of a fraudulent scheme. Or, if possible, refuse to conclude such a deal.

Stages of car sales

Pre-sale preparation

Before proceeding to the actual search for your buyer, you need to prepare the car for sale, carry out its pre-sale preparation. These are procedures that give the car a marketable appearance and restore some technical characteristics: minor repairs, replacement of consumables, restoration of paintwork, removal of rust, cleaning and washing of the body and individual parts, dry cleaning of the car interior and other procedures. At this stage, it is worth taking care of finding an official reason for selling a car. Any buyer will be interested in this, so you should find a reason that will not cause suspicion and will not raise doubts about the technical suitability of the machine.

Search for buyers

To find buyers today, many sites can be used - car markets, posting ads on sites such as Avito, Yula, Hand in Hand, posting ads, submitting information to local media, distributing information to friends or through social networks. After placing an ad, you should be prepared for numerous calls and meetings with customers, which will not always be effective.

Before a buyer is found, the seller can hold dozens of meetings and visit the car several times at the expense of the client. After a real buyer has been found, and the sale price of the car has been agreed, you can proceed to the legal side of the issue.

Conclusion of a purchase and sale agreement

It was at this stage of the sale of a car that underwent changes in connection with the introduction of new rules. The procedure for re-registering a car itself has been greatly simplified, now there is no need to remove the car from the registration register before the sale, there is no need to do this at all. On the one hand, this greatly simplifies the procedure itself and saves time, on the other hand, it carries risks for the buyer.

At the time of registration, it may turn out that the car has any problems that will be solved by the new owner. According to the new scheme, 10 working days are allotted for car registration, and the re-registration procedure itself can be carried out without the participation of the seller. The seller's task is only to find a buyer, conclude a deal with him, sign a purchase and sale agreement and an act of acceptance and transfer, transfer the document for the car and the keys to it. All other actions become a task for the buyer. In fact, it becomes the responsibility of the seller to draw up a competent contract for the sale of a car.

Auto sales contract

IMPORTANT: Before signing a vehicle sale and purchase agreement, it is worth deciding the issue of license plates, whether they will be transferred with the car, or will remain with the seller. If the seller wants to keep the state number, he should contact the traffic police with a corresponding statement.

About the document

The contract of purchase and sale of a vehicle is the main document regulating the relationship between the buyer and the seller regarding the object of sale, in this case a car. On the basis of the contract, the rights to own the vehicle are transferred from one to another. The agreement must be drawn up in three copies in writing; this document does not need notarization. A third copy of the document is required for registration with the traffic police.

Form

The form of the contract for the purchase and sale of a car is possible.

What to do with the contract

It is enough to fill it in with your own data and print it in duplicate. It is better to fill out the document at once for both parties, since the law does not allow filling out the agreement in different formats, for example, when information about one party is filled in on a computer, and about the other party is entered into the agreement by hand. The agreement can be completed either completely on a computer, entering information about all parties to the transaction, or completely by hand with an ordinary blue ballpoint, capillary pen (filling in black or red ink, as well as a gel pen is not allowed).

IMPORTANT in the case of filling out the contract by hand, it is worth writing at the very beginning of the line, and at the end of the line put a dash in order to exclude the addition of information after signing the contract.

Documents to the contract

To conclude a contract, the following documents will be required from the owner of the car:

• Identity document of a citizen of the Russian Federation,
• Vehicle passport,
• Certificate of state registration of the car.

The buyer provides only his general civil passport and draws up an OSAGO policy. The latter may not be necessary if the insurance contract of the owner of the car allows you to enter information about the new owner in the current policy.

The following information must be indicated in the contract itself:

• Place and date of preparation of the document,
• Personal data of the parties, data of their civil passports, registration addresses.
• Information about the subject of the contract: brand, model, color of the car, year of manufacture, its distinctive characteristics, series and number of PTS, wine code, number of engine, body, carrying capacity and so on. The more detailed the object of sale is described, the better. The data on the license plate and information from the registration certificate are not mandatory information, but can be entered into the agreement at the request of the parties.
• The cost of the vehicle is indicated in words and in digital format.
• A separate item is to indicate a list of additional items and documents that will be transferred with the car.
• Terms of transaction and payment, as a rule, such agreements provide for 100% prepayment.
• Information about when and where the car will be handed over to the new owner.
• Signatures of the parties with decryption.

If the parties have difficulties in preparing this document, then you can turn to professional lawyers for help. Then you will definitely be sure of the correctness of its preparation, but this will require additional financial costs.

Auto acceptance certificate

About the document

In addition to the contract, it is worth taking care of drawing up an act of acceptance and transfer of the car. The act duplicates information from the agreement about the parties and the subject of the agreement, in addition, the place and time of transfer of the vehicle to the new owner is indicated. The act should also reflect the fact of transferring the keys from the car and the documents transferred with it. The act is drawn up in duplicate and signed by both sides. For the seller, it is a confirmation of the fact that the subject of the contract has been transferred for use to the new owner. This can protect him from claims from the buyer that he took the money and the car was not handed over.

Form

The form of the acceptance certificate - the transfer of the car under the contract of purchase - sale is possible.

Nuances

You can do without this document. But for the safety of the parties, such a clause should be included in the text of the purchase and sale agreement itself, as well as information on the transfer of keys and documents to the car. A separate clause in the contract is to register the information “the car has passed” and “the car has been accepted”. No one is immune from meeting frauds on the part of buyers, so it will not be superfluous to insure yourself with similar clauses in the contract. Ideally, uninterested witnesses should be invited to sign the contract and hand over the vehicle.

Filling in the TCP according to the new rules

Taking care of the correct filling of the TCP during the sale is entirely the responsibility of the seller. It is important to make sure that it is possible to enter the new owner into the vehicle title before the start of the car sale procedure. If there is not enough space in the document for a new entry, then the registration of the car will be refused, since only the owner, who is the seller before the re-registration, can issue a new title, even if the car has already been transferred to the use of the new owner under a sale and purchase agreement. In case of refusal to re-register, the buyer, in any case, contact the seller to resolve this issue, there is no other way to do it. Therefore, if there is no space to fill in the TCP, you should resolve this issue in advance and issue a new TCP. The state duty for issuing a new PTS is 500 rubles.

Car registration with the traffic police

As already noted, under the new rules, the responsibility for registering a vehicle lies with the buyer. The law gives 10 days to carry out this procedure.

To re-register a car for a new owner, the buyer must provide the following package of documents to any traffic police department:

• Completed application for car re-registration,
• Technical device passport,
• CTP policy,
• Certificate of state registration of the car,
• Signed contract for the purchase and sale of a car,
• Document confirming the payment of the state fee for re-registration. Its measurement depends on the need to issue new license plates. The procedure for obtaining a registration certificate itself costs 500 rubles, if it is necessary to obtain license plates, the amount of the state fee will increase by another 1,500 rubles.

After submitting documents and an application for re-registration, the car is inspected by the traffic police and the documents are returned to the new owner with the changes made.

If, at the time established by law, the car is not registered, then all fines for offenses will come to the name of the old owner, as well as documents on payment of transport tax. In addition, the car may be deliberately not registered with the intention of committing any crimes. In this case, the old owner will become one of the suspects. Therefore, it is also important for the seller to check the timeliness of the re-registration or to take part in the joint registration of the car.

IMPORTANT since as a result of the transaction the seller receives income in the form of cash, this transaction is subject to income tax. The seller is obliged to pay taxes in the amount of 13% of the transaction. Read about tax exemption situations when selling a vehicle here.

Outcomes

Now you know all the nuances of selling a car under the new rules and all the possible risks that a seller can expect along the way. Good luck finding potential buyers.

More and more often, cars are sold without the involvement of intermediaries. The form of a car sale and purchase agreement is simple.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve your problem- contact a consultant:

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No special skills are required to fill out. But there are also nuances. How to arrange the sale of a car correctly in 2020?

When buying a new car in the salon, there are usually no problems with the design. Another thing is when a used car is purchased directly from the owner.

It is necessary not only to discuss all the details of the transaction, but also to document the transaction. How does the correct design of a car sale look like in 2020?

Basic moments

If, when buying a car, it is decided to use the services of a specialized car dealership, then you can not worry about documenting.

All formalities will be followed by the managers of the organization. But when a used car is purchased, the legitimacy of the registration depends only on the parties involved and their compliance with the requirements of the law.

First of all, you need to know that in 2020 there are three options for a vehicle sale and purchase agreement, namely, an agreement:

• simple writing;
• with notarization;
• through a commission company.

A sales contract in simple written form can be concluded anywhere and at any time.

For example, immediately after inspecting a car, the parties can sign a contract. You can create its form yourself or download it online.

After signing the document, the seller enters the buyer's data into the TCP, receives the money and the sale is considered almost complete. The buyer is only required to register the car with the traffic police.

But at the stage of registration, not entirely pleasant surprises may "emerge". The car may be wanted, or.

The presence of a different owner and so on may be found out. That is, before buying a car, it is important to check its legal "purity".

At a notary, the sales contract is usually certified in order to ensure greater legal validity. It is generally accepted that the involvement of a lawyer is a guarantee of a safe transaction.

But in reality, the task of a notary is to check the documents of title, draw up the correct contract and certify the transaction.

The notary is not obliged to check the history of the car, the presence of encumbrances or possible applicants.

It is advisable to issue a DCT with a notary if the car is sold on the basis of a general one. In this case, the seller's credentials will be checked with the utmost care.

You can also sell a car with the help of specialized stores (firms) that sell used cars.

In this case, a representative of the selected organization is involved in the execution of the contract. The parties are only required to sign the necessary documents.

At first glance, such a deal is more convenient, but you also have to pay for commissions.

And it is not uncommon for such salons to issue a sale with a simple handwritten contract.

This is of course legal, but the parties can draw up such a document on their own. In addition, not every organization bothers with checking a car.

Necessary terms

The contract of purchase and sale of a car is a mandatory document that is drawn up when selling any vehicle.

In accordance with the current legislation, the contract regulates the fact of the official transfer of ownership of the car to another person.

That is, this document becomes a confirmation that a certain seller transfers a specific property to the buyer specified in the document.

The contract details all the terms of the transaction:

• personal data of the parties;
• information about the car;
• cost and other significant nuances.

A correctly drawn up car sales contract contains the following sections:

Subject of the contract	It is written here that the car is transferred on a reimbursable basis from the seller to the buyer. At the same time, it is indicated that the seller is the full owner, the car is not pledged, under arrest, wanted, there are no encumbrances
Cost and calculation procedure	This part indicates the price of the car. If the sale is in foreign currency, then the applicable ruble exchange rate is displayed. Payment method can be selected in cash or non-cash. A condition of full or partial prepayment is also possible.
Term	It is prescribed when exactly the buyer will receive the car. If the vehicle is transmitted immediately, this item can be skipped
Car transfer procedure	The address where the transfer takes place is displayed here. Also listed are things that are transferred with the car.
Termination procedure	This section should not be ignored even with complete confidence in the seller. You should indicate the time period when you can terminate the contract in case of discovery of a hidden malfunction or problems with the documentary registration of the vehicle
Vehicle information	Indicate the detailed data of the car - brand, model, identification number, year of manufacture, country of origin, color, body and engine numbers, license plate number, registration certificate number
Participant information	Registration and passport data of the parties, their signatures

After the contract is drawn up, the transaction takes place directly. In this case, at the bottom of the contract, a record is made that the seller received a certain amount of money, and the buyer received the vehicle.

Parties to the agreement

Based on the very name of the contract, it is quite logical that the parties are represented by the seller and the buyer. These can be represented by both legal entities and individuals.

When drawing up the contract, the exact details and legal address of the organization and passport data with the address of residence in relation to the individual are indicated.

But representatives can also act on behalf of the parties. The basis is the general power of attorney issued by the seller or buyer.

The power of attorney from the seller must necessarily indicate the range of powers - the sale of the car, the right to full control.

If a power of attorney is issued only for the right to drive, then the sale of a car using it is illegal.

The contract will certainly indicate that the party is represented by a trustee.

The passport and registration data of the representative, the details of the power of attorney are given. When a representative speaks on behalf of the buyer, then the representative's data does not fit into the TCP.

Legal regulation

From 15.10.2013, the new administrative regulations are in force. How to register a car sale under the new rules?

In accordance with the amendments, it is not required to deregister the vehicle before the sale and obtain transit registration plates.

The parties can independently register the sale and purchase of the vehicle. Then the buyer, without the participation of the seller, puts the car on record with the traffic police, subject to the correct documents.

How to properly register a car sale

The process of selling a car as a whole is not difficult. First, all the necessary documents are collected. Then a contract for the sale and purchase of the vehicle is drawn up.

The parties decide for themselves how and where to draw up the contract, independently or with a notary. After signing the agreement, the buyer's data is entered into the data sheet, confirmed by the signatures of the parties.

• no need to change the license plate to a transit number;
• it is not required to deregister the vehicle;
• there is no need to involve a notary;
• You can register a car in any region, regardless of the buyer's registration.

Step-by-step instruction

In the case of selling a car, the procedure is as follows:

1. Prepare a contract form in three copies, one for each party and one for the traffic police.
2. Fill in forms manually or on a computer. The data about the car is entered in full accordance with the data specified in the TCP.
3. The parties sign an agreement.
4. The seller gets the money, and the buyer gets the car.

This concludes the sale. But there are some important aspects to consider. It is desirable that the parties exchange contact details.

This is especially important for the seller in order to subsequently check the implementation of the registration of the vehicle. As for the buyer, there are still a number of important steps left for him to take.

First of all, register the purchased car with the traffic police. Within ten days after signing the contract, you need to contact the MREO.

Here, on the basis of the contract, TCP and the buyer's passport, the vehicle registration certificate is reissued.

It is also necessary to insure the car under OSAGO. At the same time, the buyer must purchase the CMTPL policy before re-registering the car.

Required package of documents

To register the sale and purchase of a car, a large number of documents are not required.

The seller provides:

• a passport proving the identity of the owner;
• vehicle passport;
• vehicle registration certificate.

The buyer is only required to have a passport. If one or both parties are represented by legal entities, then representatives act on their behalf.

May represent third parties and the interests of individuals. In this case, it is necessary to have a power of attorney for the right to make a sale or purchase.

Based on the results of the completed transaction, the buyer should have:

• signed contract;
• vehicle registration certificate.

It should be noted some of the nuances of filling out the car sale and purchase agreement form:

If the deal is with hands (by yourself)

Recently, the law allows you to register the purchase and sale of a car without a notary or a lawyer. That is, you can buy a car “hand-held” quite legally.

In this case, it is not even necessary to use the printed form of the contract, it is allowed to draw up a handwritten document.

But it is still preferable to use a ready-made contract form and, when filling it out, be guided by the model for filling out the car's DCT.

When purchasing a vehicle from a private person, you need to carefully check the ownership. That is, the presence of title documents or the validity of a general power of attorney.

But you need to check the car itself, namely:

Availability of fines	To do this, you can use the official website of the traffic police. Here you can also clarify the presence / absence of registration restrictions by entering the vehicle identification code or body number
Finding the vehicle under arrest	You can find out on the FSSP website by submitting an appropriate request
The presence of constructive changes	Such records must be absent in the documents and the car must be certified in the Russian Federation
Matching numbers	To do this, the digital values ​​from the TCP and the values ​​on the car itself are compared. It is especially important to check the engine number. When registering, it is checked without fail and if it does not coincide with the documents, registration will be refused. With a badly readable number, an examination will be required, which takes fifteen days
The presence of a mark about the recycling fee	This must be present in the TCP if the car was produced after 1.09.2012

Important! If there is no place in the TCP, then the owner must contact the traffic police to obtain a new document. If the buyer's name is not registered in the vehicle title, he will not be able to register the car for himself.

Registration of the declaration

When a car is sold, it is he who becomes the subject of taxation. The following information is included in the seller's tax return:

• car name;
• brand and model;
• Release date;
• state number at the time of sale;
• surname, name, patronymic of the owner.

The tax return is filled in and submitted by the seller from January 1st to April 30th of the year following the year of sale of the vehicle.

The declaration is accompanied by a sales contract or a certificate from the traffic police with information about the car and the amount of the transaction.

It is issued on the basis of the submitted declaration. Personal income tax must be paid no later than July 15 of the year of filing the declaration.

If the car has been owned for less than three years, then the difference between the sale amount and a tax deduction of 250,000 rubles is taxed. personal income tax is not paid if:

Is it possible without a sales contract

Is it possible to sell a car without monetary policy? As such, the official purchase and sale of a car without a contract is impossible. But often the car is handed over to the buyer on the basis of a general power of attorney.

Often a similar scheme is used by intermediaries or resellers. But ordinary citizens also use this option, not wanting to waste time on re-registration.

And here you need to know what the transfer of the vehicle by proxy is fraught with. The general power of attorney does not secure the transfer of ownership. Formally, the seller remains the owner.

And he has the right to revoke the power of attorney by declaring the car wanted. The buyer is unlikely to prove that he paid the full value of the car. In addition, you will have to prove your non-involvement in the theft.

There is also a risk for the seller. If the buyer sells the car by power of attorney, then the previous owner is obliged to pay personal income tax, and maybe a penalty for late payment.

It will also be the owner's responsibility to pay all possible fines for traffic violations by the buyer by power of attorney.

Thus, a sales contract is the most acceptable option when selling a car.

If there was a fact of selling the car by proxy, you need to contact the MREO and check the re-registration of the car.

You can explain your interest by the fact that the vehicle was transferred to another person for sale and deregistration, but contacts with him were lost.

Emerging nuances

When drawing up a contract for the sale and purchase of a car, you should pay attention to the following nuances:

When buying a car, it is advisable to use the services of a specialist and check if the car has been in an accident. It is recommended to carry out comprehensive diagnostics of the purchased vehicle.

Sometimes a broken car is sold. How to make a deal in this case? There are no special differences in this procedure, but the buyer should be aware of the condition of the vehicle.

In the contract, you need to prescribe the technical characteristics, list the existing damage. An accurate description of all the details will save you from claims from the buyer in the future.

What you should definitely not do is hand over the car without filling out the necessary documents.

You need to draw up a deal between specific individuals, even if one of them represents an organization. In the event of any alienation, the data of the new owner is entered into the TCP.

Without deregistration

According to the amended legislation, it is not removed from the register before the sale of a car. And the buyer must complete the re-registration within ten days after purchase.

But if the new owner did not register the car, then taxes are still required from the previous owner. What to do in this case?

The previous owner of the car has the right to contact the traffic police if the buyer has not re-registered the vehicle within thirty days.

In this case, an application is submitted to terminate the registration of a car due to its unknown location.

The seller will only be required to present a passport. The buyer subsequently restores the registration himself. But the previous owner can completely remove the car from the register.

In this case, the buyer will not be able to restore the registration, since the procedure is one-sided. The vehicle removed from the register is subject to disposal only.

If between individuals

When the sale of a car takes place between individuals who did not know each other before, it is better to remove the vehicle from the register at the time of sale.

In this way, the seller will protect himself from paying fines and taxes for a car sold but not reissued.

Video: how to fill out a car purchase agreement

And the buyer will be able to make sure that there are no various encumbrances and that the data of the car matches the information in the TCP.

The process of such a sale is no different from the standard scheme. The only thing is that the owner of the car contacts the traffic police in advance and removes the vehicle from the register.

After the traffic police have checked the absence of a car in the list of stolen and wanted cars, as well as the compliance of the data, the necessary documents will be drawn up and the sale can be drawn up.

The buyer will only have to register the car.

Payment by installments

Sale of a car by installments can be carried out in the following ways:

• against a receipt;
• with drawing up a loan agreement on bail, which is a car;
• ordinary monetary policy with agreed installments.

The last option is considered the most reliable. The contract contains a condition on indicating the exact dates of payments and amounts of payment.

It is advisable to certify the agreement with a notary. The technical passport and the power of attorney for management are transferred to the buyer.

After full repayment, the seller writes about the receipt of the full value of the car. Only after that the car is reissued to the buyer.

The contract must stipulate the conditions under which the car is returned to its rightful owner. For example, late payments and a delay in the next payment.

You can also negotiate the amount of interest for late payments and payment of the full cost in the event of a car hit in an accident before full settlement.

Selling against receipt is more risky, since the vehicle immediately becomes the property of the buyer. Collecting the amount of debt from him can be problematic.

From this point of view, it is more reliable, issued simultaneously with the monetary policy.

At the same time, a payment schedule is drawn up and if payments are delayed, the seller can claim the car to pay off the debt.

Auto inherited

To sell a car inherited, you need to obtain a certificate of inheritance and officially register the vehicle in your name.

In fact, each of them has the right to sell their share, but the name of only one owner fits into the PTS and hardly anyone wants to buy a part of the car without the ability to drive it.

Therefore, if there are several heirs, you must first obtain the notarial consent of all the owners and register the car for one owner.

Only then can the car be sold. If there is only one heir, then he has the right to sell the car without re-registering himself.

The agreement states that the vehicle was sold by a person who became the owner on the basis of inheritance rights and specifies the details of the relevant documents.

Is it possible to sell without an owner

You cannot legally sell a car without the owner's knowledge. The only legitimate way is to use a general power of attorney.

But here, too, there are some peculiarities. First, a regular handwritten letter of attorney will not work.

An official document is required, certified by a notary and indicating the right to sell without the participation of the principal. You will also need a notarized copy of gender attribution.

It will be required by the traffic police when the car is reissued to the new owner. And you need to be sure that there are no claims from the rightful owner.

An important nuance is that the owner of the general power of attorney cannot sell the car to himself. In principle, the option of selling to another person and subsequent redemption is possible.

Everything turns out legally, but if the owner, such a scheme will be recognized as a fraud.

As for the sale of a car under a sale and purchase agreement without an owner, there are no legal methods here.

The procedure for selling a car is quite simple. You need to prepare a package of documents and draw up a contract correctly. There are two ways to sell a car: through a regular sale and purchase transaction or through a general power of attorney. After that, you may have to pay tax. This article will help you both competently sell a car and find out if you owe something to the state. If you doubt that you can figure it out on your own, consult tax specialists.

Selling a car - what you need to know first

Previously, when selling a car, the seller had to deregister it independently. Now this is not necessary - the transaction is formalized by a simple purchase and sale agreement, and "Deregistration" occurs automatically when the new owner registers the car for himself. These changes are commonly referred to as “new rules for the sale of a car”.

So, according to the new rules:

• you can register a car in any region, regardless of the place of residence or registration of the owner;
• you do not need to certify the purchase and sale of the car with a notary;
• there is no need to deregister the vehicle;
• no need to change license plates to transit ones if the vehicle was purchased in another region.

How to properly sell a car under the new rules

The procedure is as follows. First of all, decide if you want to keep your license plates. If yes, you will need to fill out an application in the prescribed form in the traffic police, and only after that you can proceed to the transaction.

The next step in the procedure for registering the sale of a car is the preparation of documents for the transfer of the car. By the time the sales contract is signed, the seller must prepare the following documents:

• passport of a citizen of the Russian Federation;
• technical device passport (PTS);
• registration certificate for the car.

There are fewer requirements for the buyer, it is enough for him to prepare a passport of a citizen of the Russian Federation.

The contract of purchase and sale of a car is drawn up in 3 copies and is supplemented by an act of acceptance and transfer of the car. One copy remains to the seller, the second to the buyer, and the third is presented to the traffic police when registering the vehicle. There are no specific requirements for a contract, but it must comply with the usual rules for written contracts.

The main nuances that should be considered when drawing up a contract:

• as soon as the signatures are put on the car sale and purchase agreement, it becomes the property of the buyer;
• it is necessary to prescribe in as much detail as possible all the information about the car, the buyer and the seller;
• the cost of the car must be written in numbers and in words;
• it is important to write down a list of documents to be transferred with the car.

How to sell a car under a general power of attorney

The procedure for selling a car under a general power of attorney differs from the standard procedure for buying and selling a car: in essence, it is “selling without selling”. That is, in accordance with legal norms, you remain the owner of the car sold, and the authorized person uses it under a general power of attorney. A general power of attorney is a document in which the right of the authorized person to dispose of the property on behalf of the principal is formalized.

Both the seller and the buyer have risks in this procedure. Moreover, it should be noted that for the seller there are much more minuses than pluses:

• the seller retains ownership and is responsible for anything that may happen to the vehicle. For example, for unpaid taxes or crimes committed on a car;
• unpaid receipts for traffic violations will also come to the seller, as to the owner of the car;
• another disadvantage is that in the event of a divorce, this car will be listed in the shared property, even if it physically no longer exists.

And the buyer runs the risk of being left without a car if the owner decides to remove it from registration.

Of the advantages for the owner, one can only name the absence of the need to pay tax, which can be charged for the sale of a car.

Taking into account the simplified procedure for selling a car, there is no special sense in selling through a general power of attorney. If you nevertheless chose this method of selling a car, the order of your actions is as follows:

1. To begin with, you decide on a list of rights that you transfer to a trusted person. In our case, when the purchase and sale agreement is replaced by a general power of attorney, the rights to the right to manage and repair, the right to sell and transfer, the right to deregister, the right to rent, the right to utilize and cross the border are transferred as standard.
2. Then you go to the notary for the execution and certification of the power of attorney, while the authorized person (buyer) is not required to be present. Take the passport of a citizen of the Russian Federation, vehicle passport, registration certificate and a photocopy of the authorized person's passport to the notary.
3. After issuing the power of attorney, you can at any time transfer it along with the keys and documents to the car to the buyer. But for peace of mind, it is also good to draw up an act of acceptance and transfer of the car.

2019 car sales tax

If you sold your car in 2019, you will need to file a declaration and pay sales tax in 2020. Therefore, keep all completed documents when selling. If you sell a car that you bought less than 3 years ago, a 13% tax will be calculated on the difference between the selling price and the purchase price. That is, if you sell a car at a higher price than you purchased, then you will need to pay tax from this difference.

The Tax Code allows the use of the tax deduction provided for by the Tax Code of the Russian Federation, Art. 220: you can deduct a tax deduction of 250,000 rubles from the received tax base for calculation. But you have to keep in mind: you are either deducting the cost of purchasing a car, or applying a tax deduction. If you have not saved the documents, in any case you will only be able to apply the tax deduction.

Let's see what is more profitable using the example of selling a car that has been owned for less than 3 years:

We sold the car for 550 thousand rubles, bought it for 400 thousand rubles.

550,000 - tax deduction 250,000 = 300,000 * 13% = 39,000 rubles. you need to pay the state;

Or we apply the acquisition cost scheme:

550,000 - 400,000 = 150,000 rubles * 13% = 19,500 rubles. must be paid to the state.

Obviously, if the cost of purchasing a car is higher than the tax deduction, it is more profitable to use the second method. Of course, if you have kept the documents confirming the amount of the car purchase.

So, you do not need to pay tax when:

• the car has been owned for more than 3 years;
• the purchase price exceeds the sale price (no income);
• the amount of income received (excess of the sale amount over the purchase amount) is equal to or less than the deduction amount of 250,000 rubles.

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Buying a used car is not as easy as it might seem at first glance. The choice of a model / brand, communication with potential sellers, paperwork - an incomplete list of steps that need to be passed. It will be more difficult for a beginner. We will tell you how to buy a car from hand: design 2019.

How to buy a car right from hand in 2019

The purchase of a used car in 2019 will differ from a similar procedure in previous years. This is due to the entry into force of the new law "On registration of motor vehicles".

How is the process of buying and selling a used car

Not always a beginner can adequately choose a suitable option for a purchase. Spontaneity in such matters is generally extremely contraindicated. Better in your actions stick to a proven algorithm:

1. Selection of the optimal vehicle option and its search in the market or through online platforms;
2. Checking yourself or with an expert;
3. Registration of monetary policy, calculation;
4. Registration with MEO (formerly MREO).

You can check the thickness of the paintwork yourself by renting a thickness gauge.

What documents does the seller of the vehicle transfer to the buyer

At execution of a sales contract you need the following:

1. Passports of the participants in the transaction.
2. CTP or CASCO policy.
3. Vehicle passport.
4. Registration certificate.

It is not bad if the agreement and powers of attorney were certified by a notary. In the future, if any disagreements arise, certified papers will help to avoid various problems.

How to draw up and execute a sales contract

After the car has been preliminary inspected, including all the relevant documentation, the process of drawing up the sales contract (DCT) begins.

You can sign a DCT without the participation of lawyers - you only need a buyer and a real owner.

There are several types of PrEP, some do not recommend issuing without agreement with the relevant specialists:

• Hand-to-hand agreement. It is concluded between the owner of the vehicle and the buyer, without intermediaries. It is the most difficult to dispute;
• DKT with a general power of attorney with the right to sell. After the transaction is completed, the power of attorney loses its validity, but sometimes it may be needed. With this scheme, it is better if the papers are drawn up by a lawyer. Not suitable for beginners;
• PrEP with oral agreement. A trustee acts on behalf of the owner. Dangerous type of sale and purchase.
• Sale under a general power of attorney with the right of substitution to the buyer. Not the best option, since the power of attorney can be canceled if desired;
• DKP with a written power of attorney. The entire signing procedure takes place through a trusted person. It is better for a beginner to avoid this type of buying and selling;

Any non-standard options for the sale and purchase of a vehicle, when there is no certainty, best done with the participation of a professional lawyer.

OSAGO today is easy to issue online - a well-known insurer with a yellow-black coat of arms will issue it in a few minutes without downloading scans.

After all the necessary papers have been completed, the car has been purchased, a number of mandatory procedures are to be followed:

• Car need insure... The choice of policy (OSAGO or CASCO) falls on the new owner;
• Also a car is necessary put on record in MREO traffic police. This can be done without the participation of the previous owner.

How to fill out the PrEP yourself

Monetary policy is the main confirmation of ownership of a car. It is he who will be required in the traffic police to register the car.

Exists standard contract forms... It is not difficult to find, print and fill in such a DCT yourself. This is what the process looks like:

1. We print the form in 3 copies. One for the seller, one remains for the buyer and the traffic police.
2. The columns must be filled in with a black ink pen.
3. We check the data on the seller and the buyer specified in the contract on the basis of passports, TCP and registration certificate.
4. We assign the DCT number, which will be further indicated in the TCP.
5. In the column place (city) and date we indicate the current information.
6. We enter personal data about the seller and buyers based on passports.
7. From the TCP and the Registration Certificate, you must indicate the data about the vehicle.
8. The price of the car is indicated in two forms (in number and in words).
9. Before signing the DCT, the seller and the buyer exchange money for keys with each other and sign in the acceptance certificate.

When drafting and formalizing an agreement, it is important to avoid various pitfalls.

Errors made in the future may contribute to the recognition of agreements as invalid. What could it be for mistakes:

• not all information is indicated;
• corrections were made;
• incorrect identification data;
• different ink colors were used;
• the price is indicated only in numbers or only in words;
• the seller or the buyer has put the signature is not under their own data;
• information about the car does not correspond to the TCP;
• no number assigned;
• the papers are illegible;
• in different copies, a different amount of the specified information.

Sample contract filling

Form and sample of filling out the DCT can . There you can also download a sample of the acceptance certificate and other regulatory documents.

What is the danger of a duplicate PTS, how to check its authenticity

Initially, the vehicle passport is assigned to the vehicle by the manufacturer or at customs if it is imported from abroad. Sometimes, when selling a car, the seller provides a duplicate of the title. The traffic police are engaged in the issuance of duplicates, this is indicated in the document itself.

A duplicate does not always mean a sea of ​​problems. But it is real to become at least the fifth owner.

There are two reasons for issuing duplicates:

1. the former TCP was simply disposed of;
2. a duplicate was issued due to the loss of the old one.

With the second option, you should be on your guard, especially if the date of issue of the title is fresh. In this case, the document may be forged.

You can check the authenticity of the PTS through the traffic police portal by checking the entire history of re-registration of the vehicle using the link.

How and where to find a car

First, you need to decide on the place and type of vehicle search. You can choose a car:

• live (directly at car markets, in car dealerships, car dealerships, car pawnshops);
• remotely (monitoring of the options presented on the Internet is carried out on specialized sites for the purchase and sale of cars).

Remote search is more popular today than live. Photos and videos about the condition of the vehicle allow the prospective buyer to form an objective opinion about the potential purchase.

Another plus of the remote choice is the possibility of acquiring an "iron horse" in the near and far abroad.

How to buy a good used car

Consider the factors of buying a decent used device: selection and testing.

Auto experts: selection of a car for money without problems

There are many companies on the market today that are ready to find trouble-free transport for your money. The price in a normal company is from 20,000 rubles and more.

Consider, there are a lot of hack-workers - they just buy thickness gauges and call themselves experts. They do not give guarantees for the cleanliness of the vehicle!

Choose only legal entities with a contract, a good website, a clean work history and a branch in your city.

Checking a car upon purchase

Technical inspection consists of the following stages:

1. A visual external inspection of the car is carried out.
2. Car dealership inspection.
3. Inspection of the internal elements under the hood.
4. The car's running gears are checked.
5. Checking with various diagnostic tools.
6. Test drive the car.
7. Checking by specialist auto mechanics.

It is better to entrust the VIN check to auto experts, otherwise you can get on a stolen vehicle. PHOTO: avtokriminalist.ru

Other questions of BU purchase

Not a new car - a unique product. You should always take into account the existing nuances when buying or selling this vehicle.

The market where it will be bought, who is selling, checking the technical condition, mileage, registration - all this needs to be paid attention to.

Who can buy from: individuals and legal entities

Secondly, you need to decide which seller is better to buy the product from... It can be:

• private persons (sell a vehicle without the purpose of resale);
• entrepreneurs and business traders (legal entities whose main goal is to make a profit by reselling a car).

In some cases, legal entities arrange corporate sales, during which an outdated vehicle fleet is sold through individuals.

It is better to choose sites with trade-in offers from official dealers.

Thirdly, immediately before the transaction itself, you need to discuss with the seller the time and place of the preliminary inspection of the goods. During the inspection, it is imperative to do two things:

• examine the documentation on a vehicle;
• make a technical inspection car.

The difference between purchasing from a legal entity and from a private seller

You can buy a used car from both a legal entity and an individual. In this case, a legal entity means specialized salons.

Differences between these options.

	car showroom	Private person
Bargaining opportunity	absent	available
Competent diagnostics of the state of the car	is present	it is not always possible to carry out a competent diagnosis
Checking the legal background of the vehicle	carefully checked	it's very difficult to check
Seller verification	documents are easy to check	you can stumble upon scammers

It is more expedient to buy a good "iron horse" with mileage in specialized in the sale of used car dealerships with experience in this area. Such companies thoroughly check the legal and criminal record of the vehicle.

If a vehicle got into a serious accident and the insurance company wrote off it in total, there is no guarantee that then it will not appear on the sites as unbroken and unpainted.

Summary: buying a car in specialized dealerships and car dealerships, in comparison with buying from a private person, has several advantages:

• Pre-sale preparation... Without fail, the car will be washed and cleaned using professional products. All additional faulty equipment (air conditioning, heating system, etc.) will be repaired.
• The car will be guarded.
• Full set of verified documents... The presence of a criminal past in such a car is excluded. Moreover, some companies provide guarantees. So in case of any problems you can contact them with a claim.
• A guarantee of competent diagnostics and, as a result, a good technical condition ( depends on the good faith of the dealer!).

What documents are needed when buying and selling

Checking all the necessary paperwork, including identity card, is the first thing to do.

What must be provided by the car owner:

• passport(in an abbreviated form - PTS) a vehicle;
• STS(vehicle certificate) obtained upon registration;
• Inspection card ( diagnostic);
• Maintenance history document (or service book, it happens not for everyone);
• Permission from other family members to sell the vehicle;
• Contract of sale(if the product was purchased from hands);
• Driver's license.

At least make sure that the owner in the TCP and the seller with the passport and entered in the DCT are the same.

How to issue and register a car

To reissue a vehicle you will need:

1. Vehicle passport ( PTS).
2. Identity card - passport of a citizen of the Russian Federation.
3. Proof of ownership paper ( Dkp).
4. Insurance policy (OSAGO or CASCO), where the new owner is indicated.
5. Completed application of the established form for vehicle registration.
6. A receipt confirming payment of the state duty.

The new owner is given only 10 days to re-register the purchased car. Otherwise, an administrative penalty in the form of a fine may be applied to him. You can also lose your rights for a period of 1 to 3 months.

Through State Services

You can apply for registration through the State Services portal. On the Internet, the entire registration procedure takes approximately 15-20 minutes.

On the website, the description of the service will include:

• links to all payments;
• list of documents;
• the time when you need to appear at the MEO.

Government services save time - no need to wait in line.

Registration in the MEO through the State Services has been working for several years.

What is important to check before buying a vehicle

The main thing that you should pay close attention to when buying is:

• PTS (there should be no various inserts and marks);
• you can check for fines, theft, a ban on registration with the help of a wine code or state number through special information bases;
• technical diagnostics.

How to sell a used car

Everyone understands that a used car will be used. It is advisable to indicate the data on the mileage, since it is always possible to calculate, approximately, how many kilometers the car has traveled with a skillful and competent inspection.

Immediately before the inspection, it would be better if she visits the car wash and dry cleaning.

The best option for posting ads for the sale of vehicles is specialized Internet sites and forums for motorists.

You can advertise directly on the body itself.

What documents to prepare

It is impossible to sell a product without the necessary documentation. The seller must have:

• passport;
• vehicle passport;
• STS.

Buyer:

• passport;
• insurance (OSAGO or CASCO)

It is clear that a handwritten purchase and sale agreement can be filled out without checking the passport data. But this is in your best interest, so be vigilant.

What will happen to license plates upon sale

According to the new legislation of 2019, the newly made owner of the car is not obliged to change the state number. To leave the old numbers, it is enough to write a corresponding statement to the traffic police, where the vehicle is registered.

Step by step car registration in the traffic police (main stages of the process):

1. Fill in and submit to the Inspectorate an application of the established form for the registration of the vehicle. Registration takes place on the same day.
2. The car is inspected by the traffic police. It is important that it meets all specific technical regulations.
3. The speed of registration also depends on the timing of payment of the state duty. It is better to do this in advance either at Sberbank, or at the traffic police, or online via the Internet.
4. A Certificate of Registration is issued.

Buying a car from the previous owner, subject to all precautions, can be available not only to an experienced car enthusiast, but also to a beginner. The main thing is to be vigilant and wisely approach all stages of purchasing a car.

How did you resell a car in the old days? To check for legal purity, we drove along with a potential buyer to the traffic police post, before the sale they removed the car from the register, the purchase and sale agreement was drawn up in the "commission", the money received was checked there, and only then the new owner again went to the traffic police to register the purchase and get new numbers. Now you can check the history on the Autocode portal, the procedure for deregistering “for sale” has been abolished, and an agreement can be drawn up and signed without giving hard-earned rubles to parasites-intermediaries.

So, the buyer has been found, the price has been negotiated, and you can start the deal. First, make sure that the TCP has at least one free column where you can enter the data of the new owner. If the main document of the car has already been filled out, you will have to get a new one from the traffic police. Otherwise, there will be no place to reflect the information about the buyer. Moreover, we do not recommend changing the form on your own initiative in advance. The inscription can scare off a potential buyer, and the sale will drag on. It is better to show the original, which will show the history of the car.

How to fill out a car purchase agreement?

The purchase and sale agreement can be written on a blank sheet of paper, but it is easier to download such an agreement (links to samples of necessary documents at the end of the article) and print. You can fill in the required fields by hand. Only it is better to fill out the entire contract with one hand and one pen, so that the new owner does not have additional difficulties when registering with the traffic police. The inspector may question the authenticity of such a document.

The date and place of its compilation, the value of the vehicle, the last name, first name, patronymic of the seller and the buyer, their addresses and passport data, identification data of the vehicle (brand, model, color, year of manufacture, VIN), series, number, the date of issue of the vehicle passport (PTS), as well as the data of the registration document (STS) and state number (if any). It would be useful to indicate that the buyer accepts the vehicle in good condition and has no claims.

The contract is drawn up in triplicate. One remains with the seller, two - with the buyer, who, in turn, will give one to the traffic police upon registration of the car.

How to fill in the TCP?

Now you can start filling out the TCP. In the new field (there are six of them on the form), you need to indicate the full name of the new owner, his registration address and the date of the transaction. In the column "Title Deed" we simply indicate "Sales and Purchase Agreement from such and such a date." The seller (former owner) and the buyer (current owner) put their signatures below. If the car is sold by a legal entity, then you will need to put its seal.

At what point should the money be transferred?

Exchanging money for a car is the most slippery issue of the deal. Each of the parties (and most often these are strangers) to a certain extent does not trust the partner. From a legal point of view, ownership is transferred with the signing of a purchase and sale agreement. Therefore, after filling out the contract and TCP, it is better not to put signatures in them right away. It is more correct to do this directly at the time of calculation. receives money, the buyer - documents and car keys. At the same time, the parties with their autographs in the agreement and the TCP certify that the transaction has taken place.

Do you need a vehicle acceptance certificate?

In addition to the above documents, we recommend drawing up an act of acceptance and transfer of the machine. He will separately confirm the fact of the transfer of the property to the new owner. It is necessary to put down the exact time. The fact is that the law gives the buyer ten days to re-register the car. Until then, for security cameras, it belongs to you. With the help of the contract and the act, the "letters of happiness" received after the sale can be challenged, at the same time providing the traffic police with all the data of the real offender. Just keep in mind that only 10 days are allotted to appeal the fine from the date of entry into force of the decree. So immediately after the sale of the car, it is advisable to track information about fines on the traffic police website, so that if something happens, you can quickly appeal them.

What documents remain with the former owner, and what are transferred to the new one?

The former owner gives the title to the buyer. Later, the traffic police will enter the remaining information into this passport, and the STS will issue a new one.

As for the previous certificate of registration of the vehicle, it is usually given to the new owner, and he, in turn, submits this document to the traffic police when the car is re-registered. So the inspector has less reason to doubt the legality of the car sale transaction. But formally it is not necessary to hand over the STS to the traffic police.

Moreover, if there are doubts about the good faith of the buyer, it is better to keep the STS with you. Indeed, in theory, the new owner will be able to drive with your STS until you contact the traffic police for deregistration. All this time and transport tax.

Replacement of numbers

License plates remain on the vehicle. If the seller wishes to keep the license plates for the next car, he must first re-register the car before selling it. The old "cans" will remain in storage in the traffic police department for 180 days, with new ones the vehicle will be transferred to the buyer. In turn, the buyer can also ask to replace the numbers when registering the purchase in his own name.

Do I need to issue a new CTP policy?

The CTP policy remains with the previous owner. In it, you can change the list of persons allowed to drive and the owner of the car, but not the policyholder. And this is the main person for the insurance company! In the event of an accident, she will conduct business with him - the old owner. That is, the new owner will have to look for a seller or, at the time of buying a car, take a power of attorney from him to represent the interests of the insurer. Is this complexity worth the few thousand rubles saved?

But the seller can still benefit from the old CTP policy. It is enough to come to the office of the insurance company and write a statement on termination of the contract and return of part of the paid insurance premium. Interestingly, the law does not allow you to do this procedure “just like that” (for example, if you decide not to use the car for several months). The insurer must provide documents confirming the fact of the sale of the car.

To issue a new CTP policy, the buyer of the car must first receive it. So, if it has not expired yet, the seller can give it to the new owner. Please note that the buyer is given 10 days from the date of the transaction to issue a new CMTPL policy.

Outcome

First, we fill in the purchase and sale agreement, TCP and the acceptance certificate. We sign all three documents simultaneously with the transfer of money. PTS, license plates and a diagnostic card are transferred to the new owner. CTP policy remains with the seller, STS - by agreement of the parties.