A large number of transactions for the purchase and sale of cars is made by power of attorney. Such a process takes a little time in a notary's office and does not require contacting the traffic police department. But you need to know that there are pitfalls that you should be aware of when drawing up this document. In this article, we will consider whether it is possible to sell a car for general power of attorney.

Can I sell a car with a general power of attorney?

The legislator does not particularly regulate the relationship between the buyer and the seller regarding the power of attorney. Basic information about the certification of this document is contained in Art. 185 of the Civil Code of the Russian Federation.

A general power of attorney for a car with the right to sell is a paper that makes it possible to transfer the rights to use movable property to third parties.

An important feature of the design of the gene. a power of attorney for a car is that even after acquiring a used car, the right of ownership remains with the former owner.

The authorized person has the right to use and sell the car under the contract.

How to draw up a general power of attorney for a car?

If the owner sells the car under a general power of attorney, how to draw it up correctly? The obligation to draw up a document and its confirmation by a notary always falls on the shoulders of the owner vehicle. Everything up-to-date forms can be found on the internet.

The power of attorney is also filled in by the owner. It is worth noting that the columns with the date and signature must be left empty - they are affixed in the presence of a notary. At the same time, in a notary's office, in order to draw up a document and certify it, you will need:

• car owner's passport;
• passport of the citizen for whom the power of attorney is drawn up (its photocopy);
• car registration certificate;
• vehicle passport.

It is necessary to indicate the date of preparation of the documentation and the period of its validity (by default - one year, the maximum period of validity - three years).

In 2017, before selling a car, the owner does not have to deregister it. This process is carried out automatically after the execution of the contract of sale. The buyer is entitled, at his own request, to keep the old state number or change it to another (new).

Return a car sold under a general power of attorney

Let's consider several options. Based on Art. 188 of the Civil Code of the Russian Federation, the power of attorney is terminated as a result of:

• expiration of the document;
• cancellation of the power of attorney by the person who issued it;
• refusal of the subject to whom the power of attorney was issued.

The person who issued the power of attorney has the right to cancel it at any time.

According to Art. 189 of the Civil Code, the entity that provided the power of attorney and subsequently canceled it must notify the citizen to whom the power of attorney was issued, as well as third parties who were present at the issuance of the document (a notary and employees of the State traffic inspectorate), of the cancellation.

Upon termination of the power of attorney, the subject to whom it was issued must immediately return the paper. This means that your vehicle will be in the possession of third parties without any legal basis.

The second way is as follows. If an authorized citizen uses your car and ignores your request to return the power of attorney, then you will have to resolve the issue through the courts. You can force the representative (for whom the power of attorney was issued) to draw up a contract of sale. After its conclusion, the ownership of the car will pass to you.

The third method is not recommended, but it can be used in extreme cases. You can contact the department of the State traffic inspectorate and declare the deregistration of the car for disposal. This process requires a passport and a written application.

Sold the car by general power of attorney: fines come

If a person sold a car by power of attorney, and taxes and fines began to arrive for someone else's vehicle, what to do in this case?

Here are the solutions:

• Call the new owner of the car and agree on the return of the power of attorney.
• Draw up a registered letter (you must have a receipt) and offer the buyer to draw up a contract of sale with a notary and re-register the car at the State traffic inspectorate.
• Contact a notary to issue data from the archive about the buyer (according to Article 5 of the “Fundamentals of Notary Legislation”, he cannot refuse to give you the necessary information).
• Another option is to collect evidence of the actual transfer of ownership:

1. a photocopy of the PTS (car passport) with the information and signature of the new owner;
2. contract of sale;
3. a photocopy of the buyer's passport (passport or military ID).

This set of documentation will be required to remove taxes and revise the imposition of fines in favor of the car seller.

If new owner the car does not answer calls, is absent at the specified address, and the fines keep coming, you need to contact the traffic police department with an application for the annulment of fines for other people's offenses and attach a set of documentation proving the fact that the vehicle was sold to another person. According to Art. 2.6.1. of the Code of Administrative Offenses of the Russian Federation, the owner of a car is exempted from punishment if, when considering an application, he proves that a third party disposed and used the car during the period of fixing the administrative violation. You have 10 calendar days to appeal the decision.

Another way is to check the registration of the car immediately after the expiration of the period from the date of sale of the vehicle (10 days). If the transaction has not been completed, then:

• stop car registration. In such a situation, the registration certificate and license plates will be put on the wanted list. At the same time, you can restore the registration of a car at any time after the buyer has paid all the accumulated penalty amounts.
• dispose of the car. This method is distinguished by cruel measures, as it is characterized by the irreversibility of the consequences - it is impossible to legalize a recycled car, only disassemble it for spare parts.

You can also terminate the contract of sale unilaterally. First of all, you should submit an application to the traffic police to search for a car, and send a registered letter to the new car owner with a notice of termination of the agreement. In such a situation, the seller undertakes to return the money transferred for the purchase by the actual owner, minus the penalty.

It is important not to let the problem run its course. Proving that you are right is not as difficult as it seems. When drawing up a power of attorney and a contract of sale, carefully check each item of the document for cost, validity period, the possibility of reissuing and transferring the car to inheritance. It is better to trust lawyers when drawing up these papers - this guarantees the security of the transaction. Consultation with a specialist can be obtained by phone or by filling out an online form on the website.

This document is regulated by the Civil Code of the Russian Federation, its chapter 10. At the same time, in this code there is no such thing as a general power of attorney, there is an ordinary power of attorney with certain subtleties and rules. In the article, we will talk about whether and how it is possible to buy and sell a car according to the State Duma, what to do if you need to remove the sold car from the register and other nuances of 2020.

Is it possible to sell a car by proxy?

The first thing to learn in our topic is that the transaction for the purchase or sale of a car is certified exclusively by the relevant contract - the sale. By proxy, it is impossible to sell a car, only give it for temporary use, and in any case, the seller remains the owner until the car is alienated by the relevant sale and purchase agreement.

If you have ever sold a car under a general power of attorney, then you should know that it still formally belongs to you. Accordingly, if you bought it, then you are not its real owner.

What is Genocide?

Based on the foregoing, we understand that this paper is not a document certifying the transfer of ownership of the vehicle.

A general power of attorney is a document confirming that one person - the principal, authorizes another person - the trustee, to certain rights to his (the principal) property. That is, you can, for example, trust to manage, sell it ... In general, there can be many such actions, but here are the most common of them:

• general power of attorney for the right to sell or buy,
• for management,
• to commit registration actions in the traffic police
• the right to briefly overtake the car from point A to point B,
• to represent interests in certain actions (insurance, for example).

Each power of attorney must have a date of conclusion - without it, it is invalidated (Article CC). The term of the power of attorney can be up to 3 years. If the term is not specified, then it is considered 1 year.

If the power of attorney is issued for the right to register actions in the traffic police, then it must be notarized (Article 185.1 of the Civil Code of the Russian Federation). This is a paid service.

I sold my car by proxy - what do I do now?

So, as we have already found out, it is impossible to sell a car by power of attorney. If you once, without knowing it, sold a car in this way, then you are actually the owner.

Can I just pick up my car then?

But this does not mean that you can take the car back to yourself. More precisely, you have the right to this, but if the unfortunate buyer proves that he actually transferred the money to you on account of buying a car, then there will be a composition for initiating a case under article 159 of the Criminal Code against you.

What to do if you sold the vehicle under a general power of attorney? Absolutely nothing if this document gave the right to resell the car, and the buyer re-registered the car in time for himself. Now it belongs to him, somewhere there is a contract of sale, according to which the vehicle was transferred to the ownership of someone - and these are no longer your problems.

But if you are still listed as the owner in the traffic police and the tax office, then the situation is a little worse - fines from the cameras will be charged to you, as well as transport tax.

Fines and taxes come for a car sold under power of attorney - what should I do?

This situation is also resolvable. And there are two options here:

1. contact the buyer to whom the State Duma has been issued, conclude a sales contract with him, so that he re-registers the car in the traffic police for himself,
2. deregister the vehicle.

Enter into a contract

The first option is the most optimal for you, because it is simpler. You simply find a buyer, conclude a DCT with him, and then the buyer re-registers the car on his basis. And even if he does not, you have the legal right to deregister the car from yourself on the 11th day. The main goal - to get rid of new fines and tax charges - will be achieved.

It just won’t work, even considering that they are not yours. Here are 2 reasons:

• the date of conclusion of the contract will be later than the fines are issued, which means that these are formally your debts,
• even if you conclude the contract at an early date, most or all fines have already passed the 10-day appeal period; moreover, the buyer is given a deadline for registration - 10 days from the date of the DCT, if he does not meet this deadline (and the earlier fictitious date in the contract will just contribute to this), then he will be fined 800 rubles for late registration of the car.

But the option of concluding a DCT is not suitable in case of one simple subtlety - if you simply lost the contacts of a trusted person or he does not want to conduct a deal officially.

Deregister

You need to deregister on the basis of the loss of the car - in the application you can write: " I ask to be deregistered due to the unknown location of the vehicle". For the procedure, you only need a passport.

On the basis of disposal, it will not be possible to deregister, since this will require an appropriate certificate of actual disposal.

As a result of this procedure, the buyer will no longer have the right to drive such a car. If he gets caught on the road by traffic police inspectors, then his license plate and registration certificate will be confiscated from him, and the car will be sent to a car impound. It will be possible to pick it up from there only after registration. And for this you need a contract of sale with the real owner - those who are currently listed in the traffic police database, that is, you.

This is where the buyer will find you himself, unless, of course, he wants to continue to operate the car on the roads. And in this case, it would be fair to present him with an invoice for fines and transport tax. After the buyer pays your debts, you conclude a contract of sale with him, with which he goes to pick up the car from the impound lot (to simplify the procedure, it’s better for you to go with him to pick up the vehicle as the owner) and register with the State traffic inspectorate.

That is, the procedure in short looks like this:

1. You are selling a car under a power of attorney, as a result of which you continue to receive fines and taxes,
2. You remove the vehicle from the registration in the traffic police,
3. the buyer contacts you, since he cannot drive now,
4. You pick up the car from the special parking lot (if the new owner came across, and the vehicle is already there) and conclude a contract of sale, while the buyer, according to your condition and desire, pays his debts,
5. the buyer registers the car for himself, and you terminate the registration for yourself on the basis of your PrEP on the 11th day after the date in the contract.

If the vehicle has a registration restriction

Then both schemes of actions above will not work:

• the buyer will not be able to register the car for himself in the traffic police, and you can stop the registration,
• You can't unregister either.

Both refusals will be based on a ban on registration actions. The latter was imposed due to the debts of the buyer (or yours) by the bailiffs.

What to do in this case? Unfortunately, nothing but to pay all the debts for which the restriction is imposed. To do this, you need to contact the bailiffs or check on the FSSP website for which specific fines and / or taxes the ban has been imposed, and pay them off.

After the restrictions are lifted, both options will be available to you again.

Important note!

Do I need a power of attorney to put a person behind the wheel?

No. According to clause 2.1.1 of the SDA, in order to drive a car by a non-owner in all standard cases (not a taxi, a car not a legal entity), it is enough for him:

• be included in the OSAGO policy or if the insurance is unlimited,
• have driver's license,
• bring your registration certificate with you.

No general power of attorney is needed ... No need to present to traffic police officers when stopping on the road. And yet it is better to write it out, as it will save you from unnecessary red tape in such cases:

• if a trusted person gets caught by drunk inspectors, then you will not be hung up on the transfer of control and will not be deprived of your rights,
• if the driver gets into an accident and disappears, there will be fewer calls from you within the framework of the person responsible for the harm caused under the article of the Civil Code of the Russian Federation as the owner of a source of increased danger.

Updated: 06/29/2018 3082

How not to lose a car after buying it with a general power of attorney

Hello everyone, my name is Ilya and let's talk about how the purchase of a car by general power of attorney should go, is it worth it to conclude such transactions today and how dangerous it is.

In I told you about the most general power of attorney (GD) and about buying a car under a scheme with her participation.

Now let's talk about buyers who are more vulnerable in such transactions and who are often unable to help even lawyers. After all, the loss of a purchased car, due to the legal inferiority of a transaction under a general power of attorney, is a very common occurrence in the practice of jurisprudence.

And such a problem is observed not only in Russia, but also in Belarus, in Ukraine and in Kazakhstan, since similar legislation is used in almost all of the post-Soviet space.

But don't get discouraged! Many things in this world are solved one way or another.

If you have already made a deal on the GD, not knowing how it was necessary, or in your case it was more profitable to buy transport in this way, then the information from this article will definitely come in handy for you.

Pros: who needs it

In 2016, car purchase and sale transactions using a general power of attorney continue to decrease in number, as in 2015 and 2014.

This is due to the well-known changes in the automotive legislation of 2013, after which (PrEP) has been significantly simplified and has grown dramatically in its popularity.

Well, judge for yourself: now, if you wish, you can buy a car without deregistration, with native numbers, concluding free-form DCT anywhere, without the presence of official supervision and sighting. Who else will need deals on the State Duma then? That's right, few people!

But someone still needs them, since they still have not outlived their usefulness. Let's see who it could be:

• Some people with a very tight time schedule, who need to arrange everything quickly so as not to miss a profitable option, and then, usually within a month, indicated by the seller in the State Duma, re-register the car for themselves ();

• Cases when the car is not criminal, but it cannot be sold under the DCT due to various reasons (for example, a discrepancy between the data in the documentation and the data on the car markers);

• Attempts to save on taxes and contributions. Although this is a very dubious savings, but if transport is purchased in the lowest price range, then this reason may have some rationale;

• Acquisition of a vehicle (TC) in the "sobbing" segment, where the form of acquisition, and sometimes the very availability of a complete package of mandatory documentation, is not critical (transport for driving in places where there is no traffic police, for disassembly, etc.);

• And of course, the segment of cars with a criminal or near-criminal past. Those wishing to buy such cars, knowing in advance that not everything is clean with them, oddly enough, is quite enough. People, of course, are tempted by the price of such transactions and they hope for a chance. Naturally, there is the highest percentage of autocrime.

Cons: what risks do you bear

Well, there are more than enough cons here, and all of them in full, probably, can only be collected by the most meticulous lawyer. I will try to list here the most relevant, widespread and having the most detrimental consequences.

But before that, you must understand one of the most important legal details in this case, on which all the riskiness of transactions under the GD is based.

Owner and Owner

The fact is that in jurisprudence the concepts of "owner" and "owner" are strictly distinguished and are not synonymous, as is the case in the popular lexicon.

• The owner is a natural or entity, which has full rights to something, according to the main documentation for it;
• An owner is a natural or legal person who has a certain set of rights in relation to something, established by the owner for a certain period of time.

Chevrolet Tacuma / resso / Vivant /, President Yushchenko and a huge guy who seemed to me Klitschko

That is, the owner has full and exclusive power over his property, confirmed by the original documents.

And the owner can only have conditional power over the property of the owner, confirmed by a document from the same owner. Sorry for the pun.

In our case, with car deals, a general form of power of attorney is used (with the right to sell and retrust), usually giving extended rights to the car owner, according to which he becomes a kind of pseudo-owner. Or almost the owner, in other words.

It is this “almost” that is the cause of many risks for a new car owner. After all, maybe this will sound like a revelation to you, but in the Civil Code (CCRF) in the paragraphs on power of attorney there is no such term “general”.

There are many types of all kinds of powers of attorney with legal names, but it is the State Duma that is just an “artistic” name for a power of attorney with extended powers.

List of risks arising from a trusted person - the owner of the car

I repeat that this list does not reflect all sorts of private nuances that any legal perversion inevitably generates, and the purchase and sale transaction under the State Duma is just such, playing the role of such a “people's alternative option for the lazy”.

• Your principal, if he suddenly so desires (for example, after a liter of vodka: x), can take yes and write another GD to a completely different person. The presence of a car under the nose for this "sacred action" is not required at all. And a trusted person, i.e. you, may experience serious problems if a new trustee decides to take your car away from you, because your power of attorney is automatically canceled by a newly issued one (more “fresh” from the owner’s hand);
• Well, it goes without saying that the “true owner” can at any time cancel his GD to the principal, without giving reasons and notifying you;
• The State Duma necessarily has a time bomb - a deadline. If this period is not of a near-cosmic scale, then it may well end and often with zero prospects for its extension due to the inaccessibility of the owner (for example, he left for Israel, is hiding from the police, went missing, passed away or got a serious certificate from a psychiatric clinic: smile :);
• And also, if, God forbid, trouble happens to you (you end up in a psychiatric hospital or join the majority), then not your relatives will have legal rights to the orphaned car, but guess who;
• If a legal entity acted as a trustee, for example, Horns and Hooves LLC, and then it threw back these hooves (it was liquidated), then, as they say, “horns into the water” - there is no one to look for and turn to, there is not even a grave: smile :;
• And the most fun: if you sell a car, and the owner finds out about it and decides to take money from you (well, for example, over the years he has evolved into a drunk and he really, really needs them for a “cure”: smile :), then this he might be quite good at it.

And there are some "little things and" inconveniences ":

How to purchase a car with a general power of attorney

So, you got acquainted with all the risks present in the transaction under the general power of attorney and remained confident that this cup will pass you by. You are a real harsh Slav. Then get to work!

And business here, as mentioned above, the cat cried - the procedure for such a purchase is really very simple and fast.

If the owner has a power of attorney certified by a familiar notary, prepared in advance, and this sometimes happens, then the owner will only write you into it and into the insurance policy, put the date and the case in the hat. You can pay for the car, pick up the keys and documents and leave.

But most often, both pieceworkers go to the notary's office and there the State Duma is drawn up for you on the spot, which is also not very long. However, this is the case if you use any commercial offices with a low client flow. Otherwise, you will need to call and clarify the time of reception.

Well, you can also navigate by prices - they can vary significantly. But this does not mean that you should agree to go with the owner to some suspicious apartment on the ground floor because of the very low cost of services. They could be crooks connected to your "master" selling you a stolen car or worse.

The notary's office must be real and credible in all respects.

From you personally, only a passport or passport data is required from the documents and nothing more. The notary himself will fill in the required fields of the power of attorney, and you will not even need to sign.

But this applies only to the State Duma, and yet, if you already have a couple of free minutes, you must insist on the following:

• Drawing up an act of acceptance and transfer of a car (it can be drawn up independently of the DCT) - this document is more useful to the owner, but it will also be useful to you in court if such a need arises;
• Drawing up a financial receipt is a standard receipt for receiving funds, indicating all the data of both parties and the subject of payment (car), which can really help you out in case of force majeure.

Attention! In cases of cancellation for any reason of the power of attorney and the owner’s physical inaccessibility for its renewal (died, disappeared, mentally ill, left for permanent residence far abroad), you can, through a court decision, approve the ownership of your car on the basis of a financial receipt, which, in In this case, it will be recognized as a free form of PrEP, which is not prohibited by law.

That is, you understand that the owner’s receipt for receiving money from you, only a detailed receipt with all the data (his, yours, cars), can serve as a contract of sale if it is approved in this capacity by the court.

The court has few objective reasons not to do this - the DCT can be drawn up in a completely free (and even oral - in the traffic police) form. Why is a receipt, indicating everything and everything and with all the signatures, we do not have a DKP? Only in name - that's why a court decision is needed.

Make up all these documents (act and receipt) in two copies. If the owner refuses his copies, then take everything - it will be useful.

Well, if possible, it is better to re-register the car as your full property as soon as possible.

In conclusion, watch this video, where lawyers clearly and cheerfully talk about solving problems related to a general power of attorney:

• Do not forget the fact that it is the owner, and not you, who will receive road tax receipts, as well as receipts for fines from robotic systems fixing traffic violations.
• If you had an accident with a clear fault that was not yours, and the culprit refuses to compensate for the damage, then you can force him to do so in court only if you have a special judicial power of attorney from the owner of the car - without it, the claim will not be accepted.
• You should know that even though the State Duma is notarized, there are fewer difficulties in forging such a document than in forging, say, a TCP (vehicle passport). Therefore, carefully check not only the data of the owner and the car, but also the notary and his office.

Conclusion

Well, we figured out what's what, with the purchase of a car by general power of attorney. The main conclusions here are:

• The buyer has a lot of risks when buying a car according to the State Duma;
• It is better to make such transactions as an exception, not a rule;
• In the process of buying, be sure to stock up on additional documents confirming the sale and purchase: an act of acceptance and transfer and a financial receipt.

Have you bought a car with a gene power of attorney after you passed a law that made its use a rarity? For what purpose did you need it? And in general, did the gene bring you. power of attorney problem? Tell me and others about it in the comments.

It will be very interesting and useful for us to know this, especially how you solved the difficulties that arose. If I like the text, then I will add it to the article, indicating your authorship: cool :. You will be famous, if you don't mind, of course.

Today I wrap up, go to drink tea and wait for your comments on the article with feedback and questions. Do not forget to spread useful knowledge in Runet through social networking buttons, and so that you are always up to date with news from my blog, subscribe to its updates - this is actually very convenient!

Be active and cheerful. Bye!

More on the topic:

Comments on the article: 12

Yulich

11.03.2017 | 06:57

Thanks for the advice! Tell me, please, in the case of a car, the subject of the claim and the jurisdiction of such a case. Thanks!

Sergei

08.08.2017 | 14:24

Hello Ilya. I am interested in purchasing a car from Belarus by proxy. We need a specialist for legal support of the transaction. Could you recommend one, if you know? Thanks.

Best regards, Sergei.

Anton

25.01.2018 | 20:27

I bought myself about a year ago a Honda Civic on Avito. With the choice of a wheelbarrow and an Internet platform, I was not mistaken. I have no questions for the seller. The machine is very satisfied. Of all the cars I've owned, this one is the coolest. During the operation, although it is quite short, did not find a single breakdown. I even taxied for a couple of months and everything was in order. I wish you all such successful purchases as mine)

Maria

Reading time: 5 minutes

The secondary car market in Russia offers not only a wide range of cars different brands and producers of a wide range of prices, but also a variety of options for the implementation of the transaction for the transfer of ownership of movable property. From a legal point of view, it is optimal to complete the transaction by signing a sales contract. However, this method, on the one hand, requires additional time and money, on the other hand, it does not allow you to hide the fact of purchasing or selling a car. Consider how the sale of a car by proxy is carried out.

What are the ways to sell a car

Nowadays, there are many ways to transfer ownership of a used car:

• Direct car sale. You can deal with the sale personally or through intermediaries. Involving intermediaries - car dealerships, commission auto shops, individuals - you will have to give up part of the cost of the car to pay for their services. But this way you save your time and energy.
• Trade-in program. In this case, the car is exchanged for another, new or used, and its value is taken into account in the final settlement. Sometimes the owner who has handed over the car for exchange may even receive another car and a surcharge.
• Buying a car. In this case, the procedure is in many ways similar to Trade-in: you offer a car, they study it and set a price. The difference is that you take the money. Like the Trade-in scheme, the car will be priced below the market average, but you won't have to deal with the sale in person.
• Sale of vehicles through the issuance of a power of attorney. From the point of view of jurisprudence, the issuance of a power of attorney with the right to sell does not mean that the ownership of the car has passed to another person, therefore, it is not called a sale. However, this term is widely used among motorists, and we will use it in the article.

Benefits of selling a car by proxy

When selling a car through a general power of attorney, you can get a number of advantages - both technical and legal. In technical terms, the participants in the transaction do not need to take any additional actions. Having received the car as a property, the new owner must register it with the traffic police within 10 days, and the seller must enter information about the sale of the car into the tax return for the current year and pay taxes. But since the legal transfer of property rights has not occurred, it is not necessary to take such actions in the near future. The maximum validity of the power of attorney is 3 years, and during this time a lot can change.

Answering the question whether it is possible to sell a car without an owner, it should be noted that this can be done precisely on the basis of a general power of attorney. And this is another one of hers technical advantage: people get sick, grow old, simply do not have time to sell, and the power of attorney allows it to be carried out.

In a legal sense, the transfer of the right to dispose of the car by proxy allows the participants in the transaction to hide the fact of the sale or purchase of the car. Sometimes this is very important. For example, a person who has debts can drive a car and be considered insolvent, since formally the car does not belong to him. This is often used by resellers, because if they sold cars under a sales contract, it would be impossible to hide the fact of their economic activity. But by proxy, this is quite real, and resellers actively use this. There are other cases when the seller or buyer needs to disguise the fact of a transaction for the purchase or sale of a car.

How is a power of attorney issued and how much does it cost?

Risks when selling a car by proxy

If you have made a decision to buy and sell a car by proxy, this has its pros and cons for the seller and for the buyer. The pros were mentioned above, now let's deal with the cons. The reason for the risks is the lack of a legally confirmed transfer of ownership of the vehicle. That is, until the buyer registers the car in his name, the car still belongs to the person recorded in the STS.

In this case, the buyer bears the greatest material risks. The owner of the car can revoke the power of attorney at any time, although this happens quite rarely. In addition, the owner may die, then all documents issued by him for the right to dispose of property are automatically canceled and the rights to the car are transferred to the heirs. Often they claim that they do not know about any sale, and demand the return of their property.

The seller also receives fines according to video and photo recording systems for traffic violations. Since the car formally belongs to the person specified in the STS, the fines are sent to his home address. In addition, he must pay transport tax. And even if you have agreed that the buyer will be the tax payer, the owner of the car is responsible for contributing money to the state budget.

It is difficult to say what to do if a tax or fines comes. If it is possible to find a buyer and he is a decent person, these expenses will be returned to you. However, the car can be sold under a second power of attorney, operated in a remote region, and there is no connection with the new owner, so it is difficult to answer the question of what to do in this case. At the same time, you need to understand that the nominal owner of the car is responsible for the penalty and tax obligations to the state. Moreover, if the car gets into an accident, and the driver flees the scene, the police will again come to the owner of the vehicle.

How to avoid becoming a victim of a scam when selling a car

When selling a used car, both by the owner himself and his authorized representative, you can encounter scammers acting as buyers. Most often, they offer dubious payment or re-registration schemes, as a result of which the seller can lose both the vehicle and the money for selling it. Therefore, you do not need to agree to this and make a deal, especially in terms of transferring money. This can only be done in the presence of a notary public or a reliable “support group” on your part. If the identity of the buyer or the proposed terms of payment are in doubt, it is better to refuse the transaction.

Finally

When buying a car, it is best to conclude a contract of sale and register the car for a new owner. In this case, the risks for both parties to the transaction are minimal. And only if the benefits of a general power of attorney for you significantly exceed the risks, you can agree to such a deal. This method is quite legal, but it can bring unpleasant surprises to both the seller and the buyer.

Sale of cars by general power of attorney: Video