I have the general power of attorney how to sell the car. Machines for sale by general power of attorney

If earlier the presence of a car was more luxury, now it is required for convenience and work. Sale of transport is always associated with some problems, so some prefer to sell the car by proxy. What rights will receive the buyer in this case and how to warn itself from the risks associated with buying and selling, we will tell in today's article.

What rights receive the buyer?

The sale of the car is possible by the General Power of Attorney. There is also an ordinary power of attorney, but it only gives the second side the right to simply use the car. If the document has a "general" prefix, then the person, in whose name it is decorated, receives the following rights to the TC:

• introduction of penalty and tax payments;
• tracking of technical condition;
• the right to control;
• the possibility of representing the principal in various organs, including in court, traffic police, etc.;
• to dispose of TC (lay, resell, change);
• registration of insurance.

In fact, the acquirer will have all the responsibilities and rights regarding its movable property.

Regulations and documents

Documenting a document on a sold car for organizations is 1,200 rubles, for individuals the cost of the service will be 800 rubles. Additionally, its certification will need to pay about 400 rubles.

To sell a car by proxy, it must be pre-arranged correctly. It is possible to make up hardly on the knee, indicating all the important data, but the previously specified document is valid only when it is certified by the notary. Of course, you can make it at home and bring to the office to assign, but more often people resort to the services of a notary, which helps to accurately make it directly in the office.

For the sale of a car for the general power of attorney, it is not necessary to attract this official paper of the buyer, it is enough to bring with you the necessary documents from which the necessary information will be taken. Their list is:

• registration certificate;
• passports of both parties (allowed to provide the principal simply accurate data or a copy of the passport);

Validity

If you want to sell your car by attorney, then the first thing you need to know is the timing of a similar document. Many people have long known that the maximum period that it acts is 3 years, but these data are outdated. Amendments in 2013 made a possible principal, and in our case at the same time the seller, indicate any sense of its action. Of course, it is necessary to specify it within a reasonable.

If a power of attorney does not specify the period, during which it will be valid, then the legislation is applied, prescribed in Art. 186 of the Civil Code: Official Paper remains in force throughout the year.

Must be sure to afford the date of its conclusion, otherwise it will simply have a legal force.

When buying a car by proxy, the buyer will be able to use it not only alone, but also to refer it right, for example, to anyone from relatives. In this case, the document should be the corresponding mark of the presence of the right of handover. But it must be remembered that the termination of the main document will entail cancellation and the second, which by the car by a third party.

You decide to buy, they say, car by proxy and save money on the design, because you will not have to pay tax for his purchase. In this case, it is better not to postpone the re-registration for a long time, otherwise the risk remains to lose its own property. In GK, a number of cases are provided when the action of the document ceases early, regardless of what time it was spelled out. Their list is presented in Art. 188:

• cancellation of paper by the principal;
• initiation of bankruptcy procedure (new foundation);
• recognition on the court of the principal missingly missing;
• reorganization or liquidation of JUR. Persons if she trifted the car instead of selling;
• the death of a citizen who trusted the car, restricting it in legal capacity and legal capacity.

Unfortunately disappearance, deprivation of a greater and legal capacity, the death of a trustee is also the grounds for the termination of this official paper. That is, if something like that suddenly happens to the buyer, none of his relatives can inherit the transport acquired in this way. This transaction will be considered a feigned, so if the buyer does not go to meet, then it is necessary to prove that this property will have to be in court.

Features of the transaction

Previously, to sell the car on the general power of attorney preferred many owners, since the owner was waiting for the exhausting procedures for removal from accounting, re-registration, standing in queues and spending a huge amount of time.

And this document gave the buyer the right to appear on the traffic police to re-register the transport, i.e. the seller was released from the need to be present at all these stages, it was enough to visit the notary.

At the moment, for car owners who want to learn how to sell their car by general power of attorney, all conditions have been created for a comfortable deal, namely:

1. The traffic police checkpoints in some cities work around the clock.
2. There is an opportunity to submit documents and entries to receive through a special emission electronic portal.
3. The procedure for issuing a contract of sale has simplified. At the moment, it is enough for a form or independently pick up DKP, sign it and transferred to one side of the cash, and the second is a package of documents and keys. None in any state registration or certification of the notary does not need a deal.
4. From the seller, the obligation to appear in the MREO to remove the vehicle from the register. Simultaneous removal and registration is already carried out by the buyer, which appears in the nearest department.

All favorable conditions for the purchase and sale of transport with the design of the DCT are legally created. Thanks to the simplified procedure, it can be implemented in the shortest possible time.

Benefits of selling a powerport of proxy

It turns out that the need for a similar imaginary transaction actually disappeared? To date, is it possible to sell your own car on the general power of attorney and why do you need to make the contract, is there any advantages in this case?

Of course, they remain, but no longer significant. So, the design by proxy is beneficial in the following situations:

1. When buying expensive cars to avoid tax payments related to the acquisition of DCP.
2. The need for an urgent transaction, when urgently need to purchase transport, but both sides are very busy or departed on the trip. In such cases, it will be enough to enter the acquirer to insurance, and the rest of the re-registration actions will thus succeed in postponing, since it is possible to drive on the DCC only 10 days.
3. There are shortcomings in the car, when it is not possible to sell it under the contract of sale. We are talking about replacing any important details, for example, as a result of an accident, which led to the mismatch of numbers on parts and in documents.
4. There is no owner of the TC.

What are the risks?

Sale of your car in general power of attorney in some cases is a risk. Most often, such a situation can cause such difficulties:

1. If the buyer is unfinished, then for the car sold various penalties and taxes will have to the owner. That is why it is extremely desirable that the re-registration of the machine takes place in as soon as possible.
2. With any illegal actions, it will have to be explained with the authorities and to prove that, for example, at the time of the accident, transport was no longer in possession of the old owner.
3. If the car is hijacked, then on the shoulders of the principal can lie the responsibilities of searching and paying the tax for the missing car, and if they do not find it, then the need to utilize it.

In fairness it is worth noting that the acquirer risks and the purchase of a car, too, can also deprive his purchased property, will find the seller unclean to hand. As mentioned above, in the event of a divorce and need to share the property between spouses or in the event of death, the new owner will be without transport, which honestly paid.

It is possible to lose the vehicle if the bailiffs arrest him for the debt. It turns out that even if the seller suddenly wants to withdraw the power of attorney - the new owner will automatically lose the purchased car. Therefore, for ourselves, everyone should decide how it is in his case that the risks described are justified whether their advantages of such acquisition of the vehicle are outweighed. Perhaps, it is still worth thinking and conclude a sales contract, especially recently, the legislation regarding the design of the DCC and the reissue of the machine significantly softened.

To begin with, explain what kind of general power of attorney

The general power of attorney is a document that gives a trusted person right in any way to dispose of property that represents material value. It is important to remember that the power of attorney is drawn up for a specific property.For example, on a specific house, which is at a specific address.

Applying a power of attorney for someone you do not sell the property to him, but only give them the right to dispose of her. The general power of attorney (as a document) does not record the fact of the purchase and sale of the machine, but only gives the right to another person to dispose of them, also leaving them the right to hand over or resell the car.

It is worth distinguishing the general power of attorney from the usual power of attorney. An ordinary power of attorney gives the right to use the car, but does not give the right to sell or reissuate the power of attorney.

So, to sell a car or buy it in general power of attorney you can not, you can only arrange the right to own your car on another person, at the same time, he is not obliged to transfer you any money. However, for the convenience of the perception of information here and then, instead of "write a general power of attorney on a person, and then receive money from it," we will use "sell (buy) a car by general power of attorney."

How to sell car by gender

How to sell the car by general power of attorney? To begin with, a notary should be visited, because the general power of attorney is notarized. Since the power of attorney is the transaction of the one hand, then you do not need to take with you the person you make up a power of attorney. For registration you will need knowledge of your car data (Identification number, etc.). Blank power of attorney in the presence of a notary.

The maximum period for which the power of attorney is issued is 3 years. According to the standard usually put one year.

If the duration of the power of attorney or an indication of a period exceeding 3 years, the power of attorney is considered invalid (in accordance with Article 186 of the Civil Code). Also invalid is the power of attorney, which was written by hand and did not assure a notary.

From this you can withdraw two minuses of segregation:

• Notary services paid;
• Registration can be delayed, as sometimes it takes a considerable time to get to the reception to a notary.

Not so long ago, the sale of a car for the general power of attorney was the least costly for the seller to sell the car, since it was necessary for the sale preliminary, however, from October 15, 2013, it became possible to sell a car without preliminary deregistration., after which the sale of the germanity has lost its relevance.

What it can threaten

Here we will look at the main disadvantages of this operation for the buyer and the seller.

For the buyer:

• By purchasing a car by gender, you do not get him in the property, that is, the owner can terminate the power of attorney and legislatively oblige you to return to him the car, after which you lose money and cars;
• If the car is superimposed on the passage of the bailiffs, and you do not know that, then the arrival on that you will be unpleasant. Next you will need to demand from the owner of debt paymentSo that the ban was removed, but not always the owner will go to meet you. Or you can pay the debts of the owner, eligible for additional financial spending;
• At the death of the owner, power of attorney immediately is automatically canceled, and the right of ownership immediately moves to the heirs of the owner;
• With the death of the buyer, the General Power of Attorney is also canceled, but the seller remains the right of ownership.

For the seller:

• As when making a general power of attorney, you remain the owner, the responsibility for violations remains yours. All fines will come to your address and pay them (by law) you will be. In addition, if the buyer, the police will come to you with the words "Citizen, why do you hide from the spot, it's not good." Transport tax should also pay you;
• If a trustee sells a car, you are in accordance with the law (as the owner), are obliged to appear in the tax service and indicate the sale price, but you can not know this if you do not know the buyer. We will have to go to him and require the information that he may not provide (did not remember or simply did not want).

Now consider the advantages of car sales by the general power of attorney.

This option is most appropriate If the buyer has problems with the law, that is, his property can arrest, etc. In this case, the buyer the next day after the purchase arises, the right of ownership of the car is fully moving towards a relative, who, in turn, draws out the country's genderiness.

Now the car owns a reliable, close to the buyer's person, and the buyer still has the right to dispose of the car.

This list of advantages. Besides, three main situations should be mentioned when you need to unambiguously refuse to buy. Celever car:

• The car is sold by (at a minimum) of the second power of attorney. That is, the seller received a power of attorney from the person who is a power of attorney gave the owner of the car. In such a situation, any of the power of attorney can be easily withdrawn, and in addition, a bunch of subtleties and nuances arise, of which the problems that you, we are confident, are not needed at all. Also has the right to not recognize the transaction and refuse to register the car;
• The car is currently registered in another city or country. In this case, you will have to visit the place of registrationto remove it from accounting, and if there are also problems behind the car (credit, the wrong passage of customs), then their decision will result in real misfortune;
• Power of attorney is not certified by the notary. This kind of deal is the type of fraud, remember that the general power of attorney, not certified by the notary, has no legal force.

If you are called upon to sign an incomplete power of attorney when buying, arguing that "yes okay you, and so comes out," "Yes, then I will place, sign the main thing," then it is 100% fraud, in no case conclude such deals.

Summing up, I want to say that the general power of attorney has much more minuses than the pros. Therefore, buying or selling cars according to the general power of attorney is not recommended. It is much more convenient and easier to conclude a usual contract for sale.Risks at which is significantly less.

You will need

• - Passport;
• - Documents for the car;
• - car;
• - the owner of the vehicle;
• - money;
• - Notary.

Instruction

By purchasing a car by, remember that you do not become automatically owned by this vehicle. According to standards, you are just a person who can use a certain time on legal grounds. Although at the same time you give for it a fairly large number of your own money. If this option suits you, then go with the owner of the car to the notary in order to make a power of attorney.

To make up all the necessary documents, you will need a passport. The vehicle owner is obliged to provide his set of papers, which includes an identity card (all the same passport), a technical passport of the car and the so-called "synto". Based on all data available, the notary is a power of attorney that the car owner signs and transmits you. Now you can use this vehicle on legal grounds. Only this form you will have to always carry with you, so as not to disrupt Part 1 of Article 12.3 of the Administrative Code (the management of the vehicle confirming the right of ownership of them). For an offense, you can even remove the car and send to the penalty area.

Compilation occurs either after you give money for the car owner, or immediately before you give them. If the owner of the car is your good friend, and you trust him, then you can make payment for the car before designing documents. If a person is not particularly familiar to you, it's not worth risking. In any case, it is best to ask the seller to receive a receipt that he received money from you and does not have complaints. So you will minimize the possibility of problems.

Remember that by buying a car by the general power of attorney, you risk hard. First, the owner remains the one, on whom the car officially listed. And this means that at any moment he can cancel the power of attorney and to withdraw your car back. Naturally, without returning money. Secondly, in the event of the death of one person from those who are specified in the power of attorney, the car can also be easily lost. If the owner dies, according to the law on inheritance, his heirs come to the right to hold the car. And they did not conclude power with you, so you can easily with you.

In the event of the death of the buyer, his heirs can count on possession of this car only in that situation if the owner is an extremely noble and decent person and agrees to reorganize the vehicle on them. You can also lose the "your" vehicle's "vehicle in the event that the owner has any debt obligations to the state. If they are not fair, all the property of the debtor is withdrawn, including your car.

The general power of attorney per car can be framed in various cases, for example:

• sale;
• mena;
• donation;
• leasing;
• will;
• the right of free use.

Buying a car by general power of attorney

The general power of attorney can be issued at any notarium, where they do not have to stand in line and will not need a mandatory presence of a trustee. However, despite the simplicity and fast venue, such an option for making a purchase or sale of the machine, contains a number of minuses, often unfairly unwell. Often, such a sale resembles a lottery in which the buyer remains not in winning.

For the buyer, to preserve their own money and nerves, it makes sense instead of registration of the general power of attorney to make a purchase and sale of the contract.

If it was still decided to buy a car precisely on the general power of attorney, then the scheme is most often like this:

• according to the seller, he has little time to carry out sale on an official agreement, but it has the opportunity to spend everything officially through the notary by writing a general power of attorney;
• a trip to the notary, a power of attorney;
• getting a money seller for the sale of a car.

After the seller received money, the buyer has the right to immediately pick up the car, and use it at its discretion. However, the buyer can use the car, but it does not have property rights, they still remain at the old owner.

The former owner at any time can turn to this notary, who has been signed by the power of attorney, and with the same ease of ease. Another option - the seller has the right to write a statement about the hijacking or search of the car, in case it comes to the court, the court will be on the side of the former owner.

Of course, not all sellers do this kind of fraud, but even "buying" in this way the car has a friend, no one will guarantee that after some time the relationship does not ruin with this friend, and he does not want to return his property back.

Circumstances are different, the seller may die, and then again will have to go to court, proving that you didn't just take the car to ride, but they gave money for it, bought it by proxy. There are emergency situations when they urgently need money, and then the seller as the owner can remember his property and sell it again.

To predict all the likely variations of the development of events are not possible, therefore it is easier to simply not create prerequisites for their occurrence. Negative statistics on general powests are growing from year to year, so instead of this type of conclusion, the transaction makes sense to take advantage of some other option.

According to the law, the owner's representative (general trusted person) is not allowed to make transactions in relation to itself. That is, to register a car, a trusted person will have to begin to find another one, the third person on which it will be possible to re-refline the documents, as a result of which it will now become the owner of the car. It turns out that it will not work in any way to transform the machine.

Sale of a car by general power of attorney

The seller, in turn, also remains not quite in winning. In fact, together with the right of ownership, the seller continues to be responsible for the car. For all the offenses of a trustee, you will have to answer the former owner, so if you urgently need money, and this requires to sell the car, it is better to apply to a special office that will carry out a car redemption urgently because specializes on it. The cleanliness of the transaction is guaranteed.

In the case of appealing to the court of victims from the actions of the buyer on the General Power of Persons, the Court may oblige the owner to reimburse the damage. All letters from the tax and traffic police will also come to the name of the owner.

Since the seller does not use the machine, then pay all these receipts, fines and taxes it will not. And then suddenly it turns out that it is impossible to go on vacation abroad, or so many fines have accumulated that it is time to go to court.

If the presence of such significant minuses does not stop from the purchase and sale of the car on the general power of attorney, then you need to at least take a receipt and receiving a receipt from each other. It does not need to be required notarized, but in the case of appeal to the court, it will have legal force.

One of the types of car sales is the so-called sale of a car according to the general power of attorney. What do you need to remember this document? What is the inconvenience of its use?

The general power of attorney differs from the simplest:

• it is drawn up at the notary;
• on it, you can not only use the car, but also sell it without a host.

What is the general power of attorney?

This is a document that gives the right to trusted the person to perform such actions with the carHow: to manage, shoot and put for accounting in the traffic police department, insure the vehicle, conduct its inspection, change the numbering units, dispose of, selling.

For registration of such a power of attorney there is a standard form (forms). The document should stand:

• Date in words, place of document preparation.
• All surnames, names, patronymic without abbreviations.
• The place of residence of the representative and represented.
• Details described powers that are transmitted.
• Is it possible to handle the powers.
• Car Parameters (Brand, Color, Gosnomer, VIN, Engine number, Year of manufacture, body number, series, as well as the number and date of issuance of the TCP and the registration paper, the name of the body that issued them).
• The validity period in words (up to 3 years).

The main operation for which the general power of attorney is applied - the purchase and sale of the car. Previously, such an operation reduced costs. Now it is possible to sell transport and without removal from the account, and therefore the use of a simple purchase and sale agreement is better in all respects.

At the same time, the transfer of the machine according to the general power of attorney will not sell from the point of view of the legal, since the owner of the car remains the same person who wrote down this document. In addition, this concept is the general power of attorney - no in the Civil Code of the Russian Federation, there is only a "power of attorney". Who pays taxes from sales when selling cars by general power of attorney?

Since the transfer of the car for such a power of attorney is not a sale, then the tax on the sale of a car that a person sold is not necessary to pay. At the same time, if a trustee is not going to sell the car for three years, then nothing to worry about. If he will sell the car, it is reasonable to ask him to warn him about it so that you can submit a declaration on time.

What are minuses?

For buyers are relevant to the following shortcomings of the acquisition of a proxy machine:

1. It can be withdrawn by the seller at any time. Buyer then will remain with nothing.
2. In the event of the death of the seller, the ownership automatically moves to heirs, and not to the buyer.
3. With the death of the buyer, the ownership remains from the seller.

For the seller there are also cons:

1. The car remains owned by the seller until the buyer will put the car for accounting in the traffic police. Together with this, it remains and the obligation to pay taxes (that is, the car man, it seems, sold by proxy, and pay taxes).
2. When violating traffic rules, the receipt for payment of a fine will receive the owner, with the participation of the car in an accident, when the driver disappeared from the accident site, it was the owner of the police officers to present complaints.

What is bad in the general power of attorney?

The car will be listed for the seller, which means that it is the full responsibility and obligations of taxes for him (article 357 of the Tax Code of the Russian Federation) too. Sold so cars are not always removed from the register. What to do?

So, the owner needs to find the buyer, which is difficult (maybe the car is already sold to someone else), or write a car in the traffic police. The second one is worth considering - on the Tax Code, the owner of the car is obliged to submit to the tax inspectorate of the tax on the car on the car indicating the sale price. The value of the tax (and in general its presence) depends on the price and time of the possession of the vehicle.

And how to do it, if I sold the car not the owner, but his trustee by proxy?

Actual tax topic

When selling cars for general power of attorney, taxes are a special topic. This question constantly arises with the owners.

For example, the car is sold by proxy about 10 years ago. The owner has not considered the transport for a long time, and all receipts from the tax authorities miscarriages. And at one point, the case is transmitted to the court, which makes a decision to recover the tax on the law of the Russian Federation.

The bailiff imposes a restriction on the removal of the CU from the account. Man receives a court decision. When the thought comes to figure out what is happening, it turns out that the car is still not removed from the records and it is necessary to pay tax for it.

It will not be possible to write off, since there is a restriction on the removal of the vehicle from accounting. And the bailiff will legally send the negligence to pay for taxes, and then remove the restriction.

By purchasing a car by attorney, a person becomes only the owner, and not the owner. And in fact, all rights to transport remain among the former owner.

And he can do everything he will be with a car or just withdraw the power of attorney and demand a refund. Request the same vehicle buyer has no right. The owner may challenge this through the court.

How to be when selling a car bought by proxy?

1. Write a statement to the traffic police on behalf of the owner of removing the car from accounting in connection with future sales.
2. After that, issue a purchase and sale agreement with the buyer or a certificate.
3. Now the car is considered to be the property of the buyer.
4. From now on, you can feel calm.

However, the best use is not a general power of attorney, but by the usual TC sale agreement. It will save both sides of many problems. Moreover, today it is possible to arrange it and without removing the TC from accounting in the traffic police.