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Help in buying a car. Help in buying a used car Here are the most common deceptive situations that have arisen when buying a car on your own.

18.10.2021

In general, the essence of a car sale and purchase transaction when buying a new car in a car dealership or when buying a used car from hands remains the same: there is a seller, there is a buyer, and an agreement is concluded between them on the transfer of the car and ownership of it in exchange for the agreed amount of money - from one to the other.

But the process of making a deal usually differs significantly.

In a car dealership, as a rule, there are managers around you who will provide many formal procedures accompanying the transaction, without your participation (and a loan, if necessary, will be provided to you on the spot, and a technical inspection will be carried out, and a PTS will be issued, and registered with the traffic police) ... You just deposit money in the cashier - and you can leave the salon in a brand new car with a full set of necessary documents. But when buying a car from hands, both the buyer and the seller should remember about some significant points determined by the current legislation, which will be discussed in this section.

How to buy or sell a car correctly?

We offer you a procedure that will help to secure the future life of the buyer and seller of the car from possible but unnecessary problems in connection with this transaction.

Car history check

We will not touch upon the issue of checking the technical condition of the car - the seller and the buyer may well resolve this issue on their own.

But it is not only desirable to check the history of the car being bought, but necessary.

If the owner has the original passport of the technical device (PTS) in his hands, study it carefully: it contains all the previous owners, as well as all replacements of numbered units and cases when the car was removed from the register in an emergency condition after an accident.

If the owner has only a duplicate Title Deed, this may mean that:

  • The car was previously seriously damaged, but the owner is hiding it
  • Car theft
  • The car is pledged by the bank - and the TCP is there.

Of course, it is possible that the former TCP simply ran out of free fields to fill out. But still, it is better to find out from the owner of the VIN of the car and make a request to the traffic police or check it on the official free services on the Internet:

  • on the traffic police website - about the previous owners and participation in an accident
  • in the register of pledges of the Federal Notary Chamber - on the availability of loans, pledges and other restrictions.

Registration of a car sale and purchase transaction

Conclusion of a contract

The transaction is carried out through the execution of a purchase and sale agreement confirming the change of the owner of the car. The contract is concluded in any form and does not require certification by a notary. You can fill out the contract by hand, or print out the form, the samples of which are numerous on the Internet.

The contract must indicate:

  • Date and place of the transaction
  • Passport data of the parties
  • Vehicle data - from PTS
  • The list of property transferred with the car: documents, keys, additional equipment: first aid kit, jack, rubber kit, etc.
  • Lack of collateral and other restrictions on the car
  • The cost of the car, the procedure and time for the transfer of money and the car.

An act of acceptance and transfer of the car can be drawn up to the contract, which indicates:

  • The fact of transfer of the car and the attached property from the seller to the buyer (handed over / accepted)
    its technical condition
  • The fact of transferring money from the buyer to the seller
  • No mutual claims.

Both documents are drawn up in 3 copies: to the seller, to the buyer and to the traffic police.

If the act is not drawn up, notes on the transfer of money and a car with keys and documents are made in the sales contract.

Filling PTS
In the next blank field of the TCP, the following are entered:

  • Full name of the new owner and the address of his registration at the place of residence
  • Date of sale
  • Information about the document for the right of ownership (purchase and sale agreement)
  • Signatures of the parties (if the party is a legal entity, the signature must be accompanied by a seal).

If there are no blank fields in the PTS and there is nowhere to enter a new entry, the traffic police will refuse to register the car. Therefore, the seller must, before the sale, issue a duplicate of the Title Deed with blank margins.

Transfer of money, cars and documents

In accordance with the terms and conditions established in the sales contract, the buyer transfers money to the seller, and the seller transfers the money to the buyer, the car, keys and the following documents:

  • 2 copies of the sales contract
  • 2 copies of the vehicle acceptance certificate (if issued)
  • Filled out TCP
  • Technical inspection diagnostic card (if it is still valid)

If the sale is carried out not by the owner, but by his authorized representative, you must also attach a notarized power of attorney.

Registration (registration) of a car in the traffic police

A car can be registered only with a valid MTPL policy issued for the new owner, therefore, before visiting the traffic police, you should perform the following steps.

Passing technical inspection
If at the time of purchase the car diagnostic card is valid for at least one more day, you can have time to issue an OSAGO policy with any insurance company.
If there is no valid diagnostic card, you should go through MOT at any operator accredited by the Russian Union of Auto Insurers. Operator lists can be found on the Internet in the OTO Register.

If the car has a valid policy, then by agreement between the seller and the buyer, you can simply
enter the new owner into it by re-issuing the OSAGO policy with the insurance company. The buyer will compensate the previous owner for the remainder of the policy value for the unused insurance period. You can buy a car without a policy - then the buyer independently concludes an OSAGO insurance contract.
The legislation sets aside a period of 10 days for issuing OSAGO (during which you will not be fined for not having a policy), but if at this time you find yourself the culprit of an accident, you will have to pay for the damage yourself. Therefore, we do not recommend delaying the registration process.

Car registration in the traffic police
You can register the purchased car at any traffic police department at your location. The Administrative Regulations also give 10 days for registration. For violation of the terms of registration, you - in accordance with the Code of Administrative Offenses (Article 19.22) - face a fine of 1500-2000 rubles; for driving an unregistered car - 500-800 rubles, and in case of a repeated violation - 5000 rubles. or deprivation of VU.
For registration, you submit a car for inspection to the traffic police, documents received from the seller and an OSAGO policy. In addition, you should pay state fees for: making a mark of registration in the TCP; issuance of a vehicle registration certificate; state registration plates (if the owner decided to keep the previous numbers for himself or you want to get new ones).

After registration you are given:

  1. Vehicle registration certificate
  2. PTS with registration mark
  3. New registration numbers (if changed).

Any transaction related to the sale and purchase, rent, donation, exchange of real or movable property will be effective if you seek the help of an experienced lawyer.

Accompanying the purchase and sale transaction by an experienced lawyer will make it possible to figure out which of the actions with the property will be more preferable at the moment and guarantees the safety and speed of concluding an agreement, taking into account all legal requirements. You can be sure that your funds will not remain in the hands of fraudsters, and the acquired property will not subsequently be the subject of lengthy legal proceedings.

Services for support of transactions of purchase and sale of a car

Legal support of a car sale and purchase transaction includes several stages.

Stage 1 Checking the documentation by a lawyer

First, the lawyer checks the documents of the other party to the transaction for compliance with legal requirements.

Stage 2 Negotiating on behalf of the client

At this stage, legal support for the sale and purchase consists in negotiations with the second party to the transaction or its proxies. This is necessary to prepare the optimal algorithm for the client's actions to conclude a future contract.

Stage 3 Identification of clauses with likely adverse consequences

After identifying such items, the lawyer makes recommendations for their elimination.

Stage 4 Collecting the necessary documents

The lawyer gets acquainted with the draft agreement, prepares the necessary documents, conducts a legal examination of the transaction documentation.

Stage 5 Expert support of the transaction

The lawyer will take part in the inspection, identification of all defects and the assessment of the car.

Step 6 Taking action on behalf of the client

At this stage, the transaction is signed on behalf of the client, money is transferred and registered, if necessary, with government agencies.

After that, the client receives a ready-made package of documents, and the legal support of the car sale and purchase transaction is considered complete.

A competent lawyer will become a guarantor that the contract will be drawn up correctly and will advise on the registration of a car with the traffic police, providing recommendations on choosing an insurance company.

The specialists of our company will prepare drafts of all the necessary documents, taking into account the requirements of the legislation. If necessary, at the first stage, you can get a free online consultation, and then you may have a question about the cost of supporting the purchase and sale transaction.

How much does legal support of transactions cost?

The cost of supporting a property sale and purchase transaction depends on several factors, such as:

  • the nature of the transaction and its complexity;
  • scope of services for the collection and preparation of documents;
  • the possibility of going to the site for consultation, examination and conclusion of a contract;
  • assistance in communicating with the seller or the buyer;
  • support and assistance in drawing up a preliminary contract for the vehicle you like;
  • drawing up a sales contract in case of purchasing a used car;
  • escort in the traffic police and in the insurance company;
  • ferrying the car to the house or to the parking lot;
  • the agreed percentage of the purchase and sale value of the object.

The result of legal support of the transaction

A transaction such as the purchase and sale of a vehicle should not be carried out without legal assistance.

To order support for a car sale and purchase transaction, just fill out the form on our website or call the numbers indicated there.

After that:

  • our lawyer will help you to competently draw up any document, which will allow you to avoid legal risks when making a transaction;
  • you will receive a correctly drawn up contract of sale and purchase agreement, which will comply with the legislation of the Russian Federation;
  • you will be guaranteed security at every stage of the transaction and when receiving money for the car;
  • advice will be provided on the issues of registration of the car;
  • you will receive assistance in completing a technical inspection of the car.

Accompanying the vehicle purchase transaction will help you get rid of the risks of fraud. All the costs that you will incur for the services of our lawyers will help you save in the future on negotiating, assistance in conducting an examination, in concluding insurance contracts. After contacting our specialists, you can be sure that you will not need to go to courts, seek the cancellation of an incorrectly drawn up contract and look for options to return your money spent.

Many clients require legal support of a car sale and purchase transaction so as not to become victims of fraud. There are many fraudsters in the automotive market, and they come up with more and more schemes to deceive honest citizens. Most of the sellers you deal with are middlemen. Experienced car lawyer find out when and where a legal entity is registered, study the history of its activities. If the company is fictitious, created exclusively for a one-time transaction, he will recommend that you avoid contact with such a seller.

Documents and financial risks when buying or selling a car

By concluding a deal, you sign a contract. In this case assistance of an auto lawyer will allow you to avoid pitfalls associated with paperwork and also search for possible hidden commissions that gray dealers carefully hide from customers. We are talking not only about the legislative part, but also the financial one. It is required to study the text itself. Perhaps there are hidden nuances in it that are dangerous for the client.

There are different options for deception:

  • Hidden fees that increase the total cost;
  • Absence of stamps on the document;
  • Forgery. The buyer is given the wrong papers for signature that he saw initially;
  • Lack of accurate data on the time of transfer of the car to the new owner.

Particularly difficult is legal support when buying a used car, when the contract is concluded not with a salon, but with a private person or a reseller. The specialist will monitor the observance of the client's rights, make sure that the bilateral agreement is drawn up correctly.

It is also important to check the vehicle on the bases. If it is stolen, repeatedly got into an accident, changed several owners in a short time, the transaction will not take place.

Help of an experienced auto lawyer. What is included in the legal support of the transaction?

  • Departure of the auto lawyer to the place of the transaction in a car dealership or to a private person;
  • Checking the car purchase and sale agreement;
  • Search for hidden fees, payments, inaccuracies, errors, etc .;
  • Checking for the presence of all the necessary documents for registering a vehicle with the traffic police
  • Verification of the VIN number indicated on the car and the number indicated in the documents;
  • Checking car data against the traffic police database, checking registration, restrictions on registration actions and termination of registration;
  • Checking on the base of the BKI for credit, collateral and other restrictions;
  • If necessary, study the charter and credentials of the organization (upon providing the relevant documents);
  • Studying reviews about the organization in public sources.

In the event that the transaction takes place between individuals, our auto lawyer can independently fill out the vehicle purchase and sale agreement, thereby avoiding fraud or mistakes on the part of the seller. So our lawyer can help with the registration of CTP and a diagnostic card.

When it comes to used, a number of other factors must be taken into account, including expertise. We recommend checking the technical condition of the car and the integrity of the body using the service "Diagnostics of the car before buying" experienced autoexpert will arrive at the parking lot and carry out a comprehensive check on 140 points of the diagnostic sheet .

Buying a new or used car without facing a scammer is not an easy task! Today, quite a few cases are known when citizens are faced with so-called "fictitious" sellers or trading "one-day firms". That is why experts recommend resorting to the help of professional lawyers, using such a service as legal support when purchasing a car.

When might you need specialist help?

In addition to the risk of contacting a fraudster, it should be remembered that the registration of all the necessary documentary moments regarding the purchase of a car is an extremely important action that requires studying many subtleties - both from the legal side and from the financial side.

There are situations when the buyer is asked to sign a "preliminary" agreement, which in fact has no legal value, since it is not a contract for the sale of a vehicle. In general, a considerable number of dangers can be hidden in the text of the contract for the purchase of a car.

Here are the most common self-purchase car deception situations:

  • hidden additional cost of the purchased vehicle - the so-called "commission", which ultimately doubles the price of the car;
  • substitution of the contract before signing it - indicating a different value;
  • the absence in the contract of the exact date of the transfer of the car;
  • receipt of a payment receipt without a proper seal;
  • at the time of the transfer of the transport, there are not enough documents, it does not correspond to the specification, the like.

A highly qualified lawyer will be able to provide support when purchasing a car at any point of sale, where he will control the entire process of paperwork, as well as the issuance of the purchased vehicle.

What are the features of the service?

So, when purchasing a new vehicle, a lawyer will help to exercise control over the entire purchase process, in particular, to control the following points of the transaction:

  • compliance of the passport data of the car with the data on the vehicle specified in the sales contract (engine number, body number, VIN);
  • execution and conclusion of the required agreement - in accordance with the norms of the current legislation of the Russian Federation;
  • the presence in the contract of data on the place and issue of the vehicle passport;
  • the presence of all the necessary seals of the seller in the service documentation;
  • the accuracy of filling out the documentation responsible for the warranty of the purchased car;
  • availability of all documents required for registration of transport in the traffic police;
  • serviceability and operability of all structures of the vehicle, additional installations (anti-theft system, radio and others).

Legal support when buying a used car

In the event that a client decides to buy a used car in a car dealership, then the legal support when purchasing a car of specialists in this field will be as follows:

  • checking the availability and competence of the technical expertise of the purchased car in an independent center until full payment;
  • if there is an expert opinion, based on which additional financial costs are observed, the possibility of bargaining;
  • detailed study of all documents for the purchased transport;
  • study of service documents;
  • checking the availability of all additional devices and configurations specified in the sales contract;
  • compliance of the vehicle data and the data specified in the contract;
  • correct execution of the contract - in accordance with the current legislation;
  • availability of all documents required for the registration of transport with the relevant authorities.

A professional lawyer from the Vashe Pravo legal aid center will boldly arrange an auction with the seller in order to save the money of his client as much as possible. In addition, he will ask all direct questions regarding the purchased vehicle, look through all the accompanying documents "to light", if necessary - even smell the smoke from the exhaust pipe, and also will not be afraid to look under the bumper in search of a set of keys from this car glued with tape. There are times when sellers cling a spare key under the bumper to the scotch tape - in order to steal the sold car soon. However, our lawyer, who offers support when purchasing a car, will make every effort to make the process of buying a vehicle as safe as possible. You can be sure of it!