Tip 1: How to make a car sale deal
Tip 1: How to make a car sale deal
When designing Selling The car Three main documents are used to document the fact Selling and its conditions. This is a contract of purchase-Selling, certificate-account and power of attorney.
Instructions
1
Contract of purchase-Selling the most reliable from a legal point of view. For its registration the car from the account, as a rule, is removed, although it is not necessary. After the de-registration, the seller and the buyer draw up the contract in writing and in duplicate. At the time of signing the contract, the ownership of the car passes from the seller to the buyer. New owner The car when he is registered with the traffic police, he will have to present his copy of the purchase-Selling. The price that must be specified in the contract,is determined by agreement between the seller and the buyer. In the case of subsequent litigation, the court will take into account only the price specified in the contract.
2
The account-account provides for participation in the sale The car third person (intermediary). In its quality, often acts as a commission shop or auto show. Theoretically, the seller is obliged to conclude an agreement with the intermediary of the commission, and the buyer - the contract of purchase-Selling. Virtually the seller along with the buyer inthe shop (salon) is processed for the withdrawn from the account of auto help-account and transit numbers. Here, the new owner fits into the TCP. From that moment, ownership passes from the seller to the buyer. During registration The car in the traffic police the new owner must have with himthis help-account. In litigation, all claims are subsequently made to the intermediary, not to the seller. The cost of cars in the certificate-account, too, indicate the real.
3
When selling The car by proxy attracts ease of registrationtransactions. The machine is not taken off the register. The seller simply notarially draws a power of attorney on the car to the buyer. At the same time, ownership does not pass to anyone. Therefore, this method is unattractive from a legal point of view for both the seller and the buyer.
Tip 2: How to arrange car sale and purchase transactions
The owner of the vehicle canindependently find for him a buyer. A title deed to a vehicle purchased without the participation of a trade and intermediary organization is a contract purchase-Selling. The buyer and the seller make out it in the process transactions.
Instructions
1
Under contract purchase-Selling the selling party is obliged to transfer the car to the buyer. The buyer must pay the amount set by the seller. Please note, at all it is not required at this notarization of the contract purchase-Selling.
2
In order to make an agreement, you needhave a number of documents with you. A vehicle passport (PTA) must be available. It is in it will make a mark of the traffic police to remove the car from the account for later Selling. The deal will not take place in the absence of documents,identity of the buyer of the car and the seller. If the seller is not a full owner of the vehicle, then there must be a power of attorney from the owner. Only if you have it, you can make a deal purchase-Selling.
3
There are also cases when the buyer does not wantbecome the owner of the car or indicate his name in the vehicle's passport. In this case, you need to have a power of attorney to buy a car from a person who will be considered its owner.
4
In the traffic police must be obtained a certificate ofreleased unit. If the car is purchased by the organization, the employee who is responsible for the transaction must have a power of attorney for the right to purchase the vehicle.
5
Agreement purchase-Selling car should be made according to the recommendedform. It must include the data of the seller and the buyer. In addition, you need to fill in information about the car: brand, model, VIN identification number, year of manufacture, engine type, chassis, bodywork and vehicle color. After all the data is filled, the amount for which the purchase and sale of the machine will be made is indicated. This contract must be signed by both parties.
Tip 3: Where to find a sample car purchase agreement
A sample of the contract of sale of the car can befind on specialized sites, in reference and legal systems or get yourself using constructors. Each of these methods has its own advantages and disadvantages.
Use of reference and legal systems
Another popular and popular method forobtaining a sample of the contract of sale of a car is the use of reference and legal systems, which include large sets of agreements for each subject. In this case, you can get a good and customized version of the contract, even without the use of special knowledge, because often placed in such sources of comments are professional lawyers, and you can use the search for a sample for certain parameters. Basic reference and legal systems ("Consultant Plus", "Garant", "Codex") are paid, which is a disadvantage for the average user.Using Contract Designers
Finally, the last acceptable way of obtainingthe necessary sample of the contract of sale of a car is its independent creation. To do this, use specialized contract designers who are provided free of charge by major legal portals. Such services allow you to design an agreement from the ready-made conditions according to your own needs. At the same time, the drafting of a full-fledged contract usually takes no more than a few minutes, and special knowledge is not required. As a certain drawback of this option, it is necessary to note the possible difficulties in interpreting the proposed conditions for a future treaty. Nevertheless, this method is the most reliable and safe for a regular motorist who wants to properly arrange a sale transaction.Tip 4: How to make a car sale
The world of automobiletechnologies, therefore it is natural that before car owners there is a question on sale of the cars and acquisitions of more modern models. To prevent possible problems associated with improper execution of documents when selling a car, it is necessary to focus on a new regulation on the registration of vehicles.
Vehicle transfer methods
To transfer the vehicle from the ownerto his buyer there are several ways: 1. Registration of the purchase and sale transaction on the certificate-account. In this case, the seller and the buyer use the services of an intermediary, in the role of which a commission shop can act, which carries out all documentation for an additional fee. The inconvenience of this method consists in the necessity of carrying out the procedure for removing the car from the registration and registration of transit numbers in the store. Registration of a general power of attorney, which is a one-sided transaction, as a result of which the car is owned by the seller before registering the car in the name of the buyer. The general power of attorney is registered with a notary and has a number of shortcomings, both for the seller and the buyer, for example, it has a certain period of validity, and in some cases can be withdrawn or canceled. Since the entry into force of innovations related to the registration of vehicles, the design of a general power of attorney has in most cases become impractical. Drawing up a contract of sale. The procedure for issuing this document was greatly simplified with the introduction of new regulations, which is a great advantage in comparison with other methods.Execution of the contract of sale
When drawing up a contract of sale, you needconsider the following rules: - to make a contract of sale can be in a simple, handwritten form; there are no clear requirements for the execution of this document; the contract of sale must contain the fullest information about the car, confirmed by documents (including data on state registration plates), passport data of the seller and the buyer, the time and place of the contract, the cost of the car, payment terms, time and place of transfer of the vehicle; - In addition, it is possible to issue an acceptance certificate to the contract, containing a list of items and devices transferred with the car; - the contract is made in two copies, one copy remains with the seller, and the second is transferred to the new owner. At the time of signing the contract, the buyer is obliged to transfer all the amount stipulated in the contract to the seller. Once the contract is signed and signed, it is necessary to make changes to the single database of the MRPE of the State Traffic Safety Inspectorate. Re-registration, as a rule, is handled by the new owner. The seller of the car also has the right to address in traffic police with the application on the termination of registration of motor transport.Tip 5: How to buy a car
To issue a purchase-sale The car strictly according to the letter of the law, in two ways. The first - the conclusion of a contract of sale, the second - the formulation of a certificate-account in a commissioned auto shop. The popular version of the extract of the general power of attorney by selling in the strict sense is not, therefore, is not considered.
You will need
- - documents on taking the car off the register;
- - transit numbers when the buyer and seller reside in different regions;
- - a standard contract of sale;
- - Passports of the buyer and the seller;
- - documents for the car.
Instructions
1
Before the sale, the previous owner must removecar with the account. It is better for the buyer to be present, if possible, in this procedure, in order to personally verify the cleanliness of the purchased machine from the legal point of view.
2
Typical text of the contract of sale The car easy to find on the Internet and just fit into the forminformation about the car and personal data of the seller and the buyer. This document does not require a notarization, enough signatures of the parties. It will not be superfluous to take from the seller also a receipt for receiving money. The amount of sales specified in the contract, it is better not to understate. How much it will turn out later, and the court will take into account only the one that is registered there. In addition, if the car was in the property for more than 3 years, the seller automatically relies on a tax deduction for the entire transaction price. It does not even require him to file an application and a declaration, not to mention paying the tax.
3
You can also make a sale through a commissionautoshop. Usually the procedure takes no more than half an hour, the average price of the service in Moscow is 1 thousand rubles. At the same time, the store can check the cleanliness of the car (it is better to clarify the choice of the one through which the transaction will be made). Before you transfer money to the seller and pay the commission of the store, you need to carefully check the accuracy of all documents prepared by his employees and the accuracy of the documents This option is considered the safest and most likely to cause the least questions from the traffic police. You need to register the purchased car within 5 days after the transaction.
