Can I sell a car. How to sell a credit car: Step-by-step instructions

30.03.2020

I sold the car under the contract of sale, and after the sale of the car came fines. Why do these fines come? And what needs to be done when selling your car, so as not to pay other people's fines? If you are going to sell your car, then in this article you will read about what you need to know that you do not come a fine when I sold the car.

So let's figure it out why fines come when I sold the car under the contract of sale? For example, you sold your car on DKP (purchase and sale agreement) to some person. It can be: a private person, a trad-in auto show, a car sale platform or a commander in the car market. I sold the car, I got money, everything is fine. But suddenly after a while you will receive a "letter of happiness" with a fine for violation of traffic rules (which you have not committed) on the car you have already sold.

Unfortunately, no one is insured, because on October 15, 2013 a new regulation on the registration of vehicles was adopted. According to which the car does not remove from the registration accounting for sale. Now this is done simultaneously with the registration of the new owner, which is given for this 10 days (more).

Sold the car under the contract of sale

Currently, the acquisition of the car consists of two parts. In the first part - the buyer becomes the owner after paying money and design DKP. The car actually becomes his property, although registered with the traffic police at the previous owner.

And the second part is when new owner Re-register a car in the traffic police in its name. And until the new owner register a car on himself, all traffic violations will come to the appearance of the former owner. Even though he sold the car by proxy or sales contract.

It is best to go to MREO with the buyer and calmly reissue the car.

There are exceptions

True, there are rare exceptions that even after the car is registered on the new owner, "letters of happiness" are the old owner of the car. This is due to the fact that the car with the new owner has not yet fallen into the database of the traffic police. This also sometimes happens.

According to today, the regulation, the buyer of the car for its registration is given 10 days. If he does not have time to reorganize the car, then the penalty takes 1500 rubles at registration. But despite the law, there are plenty of reasons why the new owner of the car did not have time to re-register the car for himself in the 10 days declined by law. The car could break, could not pass the inspection to receive the policy of Osago, went on a business trip, fell ill, no money, distinguishes the car to another city, no time and so on.

What to do not pay other people's fines

If the new car owner will ride the car at this time, then there is a possibility that the car will fall under the sightseeing cameras video or violates traffic rules. No one is insured from this. We are all people and we all sometimes break the traffic rules. Even if you are selling your car grandfather, then in this case fines can come.

And in order to not be upset and not to pay other people's fines after selling your car, there is an easy way to prevent these problems before they arise. Make it easy, you just need to discuss with the buyer when selling your car possible cases. And you need to negotiate in advance, during the sale of your car, and not later, when fines will come.

How to do it? I'm talking step by step

After you sold your car (got money, they signed a DKP, they gave the keys), you take your copy of the DCT and make a photocopy of PTS (passports vehicle) Covered with the new owner (because not everyone is sent to a copy of the TCP with a renewed machine).

You take the contact phone number of the buyer and tell him (to the buyer) that according to the law it is obliged to re-register the car for himself within 10 days. Speak that after he (a new owner) will issue a car on himself, then let him necessarily call you by phone (leave your phone). Or write to email that the car successfully re-registered this number.

Negotiate in advance

If suddenly he (the new owner) arises any problems, because of which he cannot re-register the car for himself for 10 days, then let him (a new owner) necessarily call you. Otherwise, you can write an application after 10 days to the traffic police on the termination of the auto registration, with all the consequences unpleasant for it.

After that, warning your buyer that if you come a "letter of happiness" with a fine, discharged from this number (show the number that is indicated in the DCP and the time you filled out the contract), then the fines will have to pay it.

We also warn that if he breaks and does not want to pay for his fines, then you can:

first, write a statement in the traffic police to the wanted list of the car (not hijacking), after which the car can arrest on the road, taking a car to the parking lot.
And secondly, you can on the basis of the date of sale specified in the DCT (you have the original DKP), to protest the PTTD penalty for the violation that you did not. And he (the new owner) will still have to pay these fines.

Let's act like civilized people

Reissue the car, call me and inform about it. If a fine comes from this number (after selling a car), I call you, and you pay your fine. And no one will have any complaints about each other.

If you complain all this, then 90% of people (buyers) will do the way you ask them because you do everything right, by law. But, of course, there will be 10% of people who ignore fair requirements on your part. It may be just inadequate or strong busy people, who does not have free time.

Also, a fine can come from the car that you gave to the salon in Trade-in. This is also possible. Just potential buyers were rushed at a test drive under the cameras on (yours) former carAnd the penalty naturally came to you.

Let me remind once again that it is best to negotiate in advance, during the sale of your car. After you after a few months, fines began to come for the car sold, it will be too late.

Today everything. Take care of yourself and be happy!

Many car enthusiasts, one way or another, faced the sale procedure (purchase) of the car. Naturally, the sale of the car - the procedure is quite complicated, which includes several bases of the stages.
Meeting seller with a potential buyer, inspection of the vehicle, familiarization with the main documents, price discussion.

Registration of the contract of sale (in three copies), if desired, the assurance of the contract in the notary.
Getting the seller indicated in the contract amount from the buyer.
Transfer of vehicle to the new owner.
Each stage is characterized by certain actions of stakeholders. So at the first stage, the buyer can familiarize himself with the state of the car (chassis, electronics, body, salon) and documents (TCP, registration, the passport of the owner, service book, blank confirming the passage (inspection) or diagnostic card). The seller must provide access to the car and all documents.
Important. Buyer must need to pay attention to the diagnostic card.

It should not be overdue. If at the time of registration of the contract of purchase - sales it will be overdue, then you will have to undergo a new owner. Without a non-stable diagnostic card (that is, without something), it is impossible to arrange the OSAGO, but will not come back and register.
At the second stage, the seller must check the state of the PTS. If necessary, to get acquainted with the receipt of a new one (if there is no place left in the old one). Next, together with the buyer, the Seller must draw up a sales contract, where to specify all the information relating to the vehicle, the personality of the seller and the buyer and the amount of the transaction. The contract is drawn up in 3 copies (one for the seller, two others for the buyer, and one of the two remaining instances of the buyer must pass into the traffic police to pass the registration procedure).
After signing the contract, the seller fills the TCP and, after receiving funds, transfers it together with the keys and other documents to the new owner, which for 10 days should contact the traffic police to pass the procedure for obtaining the CCAMA and registration.
Important. At the moment, it is unnecessary to remove the car from accounting or changing the numbers, the registration procedure can be carried out in any traffic police, not necessarily at the place of residence. Transit numbers are needed only if you are going to go beyond the country.

Order purchase and sale of a car from hand

The legality of the transaction depends on the correct design of the sale and sale of the car, and therefore the safety of money from the seller, and the nerves from the buyer. According to the Analytical Agency Avtostat, in Russia, about half of the car owners change the vehicle to the new every 6 years, and 30% of Russians make it within the first 2-3 years.

On the average, about half a million cars with mileage are sold monthly in our country, and each such operation is accompanied by legal design. About what is the procedure for the purchase and sale of the car and what documents are necessary for this, we will talk in this article.

Buying a car sale - how does this happen?

Since the features of the choice of the car go beyond the scope of our topic, to omit these details and suppose that the buyer and the seller have already found each other. Now they are faced with the task of lawfully issue a car sales transaction. We will analyze further actions of the parties.

First of all, the seller needs to decide what it will do with registration signs. If there is a desire to leave them with you for a new car, then you need to write a statement in the traffic police, then pass to store old and get new numbers for sale. Former registration signs will be available within 180 days. It is not necessary to remove the car before selling - this will happen automatically, simultaneously with the registration of the new owner in the traffic police.
The next point is the design of the transaction itself, that is, the conclusion of the contract of sale (DCP) and drawing up an act of acceptance of the vehicle.
How to sell the car yourself in 2018

Also at this stage in the TCP is made information about the new owner.
The completion of the purchase and sale procedure is the car registration in the traffic police. In fact, this is the renewal of the vehicle on the buyer, as the car itself is from accounting and not shot. At the same time (if desired), you can get new license plates with the code of that region where registration occurs.

The last two points require explanations, so let us consider them in more detail below.

Registration of the contract of sale of the car

Starting from October 15, 2013, a simplified procedure for concluding a car purchase agreement is applied in Russia. Now the DCC is compiled in simple writing without the need for notarization. True, part of the transactions motorists still conclude from the notary, seeing additional guarantees in this. But practice shows that this is extra trouble.

Documents required for the transaction of the sale of the vehicle:

Passports buyer and seller.
PTS. Make sure it has a free space to enter the new owner there. If this is not the case, the seller must contact the traffic police with a statement about obtaining a new TCP.
Certificate of registration of the vehicle (STS).
Power of attorney, if the parties or one of them act through the representative.

The text of the contract for the sale of a car can be made independently, but it is easier to fill the finished form that is easy to download on our website.

Each contract of sale must contain:

Information about the seller and the buyer: FULL NAME, Passport details, address.
Date and place of conclusion.
Car data, in full compliance with the certificate of registration of the vehicle.
The amount of the transaction with numbers and in words.
Signatures of both sides.

The contract is drawn up in three copies: one of them is needed for registration in the traffic police, and the two others remain from the seller and the buyer. The form is filled with a ballpoint handle of black or of blue color No blots and corrections. Make sure that the information in each of the three copies is identical.

The purchase and sale agreement is applied to the act of receiving the vehicle. Our form unites these two forms. You should not neglect the filling of this document, since without it the DCP is nothing more than a declaration of intent.

It is the act of acceptance and transmission serves as proof that the transaction of the sale and sale of the car took place.

After the exchange of material values, do not forget to enter the new owner in the TCP. This formality cannot be postponed for later, since the seller's signature is required when filling out the document, and the car registration process in the traffic police is already underway without the participation of the previous owner.

Features of the sale of a car by proxy

If the participants in the sale transaction cannot or do not want to be present personally, the law provides the right to act through a trustee. For this, the representative is drawn up by the power of attorney, where the powers they are prescribed to make a transaction.

Please note that the purchase and sale of one vehicle does not need a special, and even more general power of attorney. It will be enough to arrange a one-time document to make a specific transaction.

And in the event that the so-called "car sale by proxy" is planned, when the parties do not constitute DCP, then the general power of attorney is discharged in the name of the buyer. With such a document, he can fully dispose of the car, that is, actually become its owner.

But not the owner, and this is the key difference of this option from standard sale.

It must be said that "Sale by proxy" without registration of the DCP, there are many dangers in itself, both for the seller and for the buyer. But we will not go to this topic now, especially since we wrote in detail here. We will only add that with the simplification of the purchase and sale procedure this method Lost his relevance.

Regardless of the term and list of powers, all types of power of attorney on vehicles are assigned in a notary office. In this case, the document can be compiled independently, but it is easier to use the services of a notary.

Conducting a car registration in the traffic police new owner

After the conclusion of the transaction, the seller receives money and deprives his car, and with him and the hassle accompanying the life of the car owner. Now the buyer takes the relay and the first goal in it becomes the registration of the vehicle in the traffic police. Only 10 days are given to it, so it should not be delayed with this procedure.

You can put a car on accounting in any branch of the auto inspection regardless of the place of registration of the owner. At the same time, license plates (if changing) will receive the code of the corresponding region, but the taxpayer will still be attached to its inspection at the place of registration.

Documents required for car registration:

Passport of a citizen of Russia.
Application for registration.
Car purchase agreement.
Policy Osago.
Power of attorney for representatives.

The main stages of the car in the traffic police

Collect the package of documents, you need to pay the state duty. Its size depends on whether registration signs are changing. If yes, then the total amount of contributions will be 2850 rubles. If the owner will arrange old numbers, the cost of registration will decrease almost three times, up to 850 rubles.
After the adoption of documents, an auto inspection officer will send a car to inspection to check the possibility of operating the vehicle, as well as reconciliation of the numbers of the main units with the data specified in the TCP. This procedure can be avoided if no more than 20 days have passed since the last inspection (more information about technical inspection).
The final stage of the formulation of the machine to record will receive a certificate of state registration, and new numbers (if they are replaced). Assigned registration signs must be made to the policy of OSAGO.

Legally, the purchase and sale transaction is considered to be held after the signing of the act of acceptance and transmission. But in practice, the presence of one of this fact does not yet allow the buyer to use cars on the roads of Russia, and the seller does not exempt from paying taxes. Therefore, only after registration in the traffic police, the car can be congratulated with the change of the owner, and the seller and the buyer - with the conclusion of a mutually beneficial transaction.

Video about buying and selling cars under the new rules

How to make a sale of a car: four wheels and zero problems

Fraud when selling and buying a car in Russia - one of the global problems, to face which any car enthusiast can. We are talking about various tricks that attackers are going to gain benefits. Let's try to figure out how to place the sale of cars, register a deal and protect yourself from any trouble and "pitfalls".

Dmitry Igorevich decided to buy a used car, and opted for blue Mazda CX-5. He wants to complete the procedure as soon as possible to part with the status of a pedestrian. Ivan Fedorovich, his countryman, part-time - the happy owner of the car, is also ready to carry out a deal, but it is afraid of fraud from the buyer.

How do they make their relationship and avoid mutual claims?

General car sale order:

Preparation of the Agreement on the purchase and sale of property. The contract must be printed and submitted in the form of 3 identical documents: 2 to the buyer, 1 seller.
Collect the necessary documents. The seller and the buyer requires passports of citizens of the Russian Federation or other states, an insurance policy on the car, as well as a technical passport for purchased property.
Making a customer data. The technical passport is recorded updated information: the previous owner and the real owner are written their signatures, also indicates the date of the transaction.
Appeal to the traffic police. The collected documents are transmitted to the territorial division of the inspection for the removal and statement of the car for accounting.
Record numbers of aggregates. Employees will check if the factory signs are "interrupted" and whether the car is wanted.
Staging a car for registration with the new owner. This is a little more details will be said below.

Download a sample car purchase agreement

Features of the sale and sale of a machine for subjects from various regions

If the seller and the buyer live in various regions of the Russian Federation, then the car must be taken from accounting at the place of residence of the owner, to receive transit numbers within 5 days, and in a 20-day period to register in the territorial body of the buyer. Since reconciliation of numbers occurs during the contract registration, it is not necessary to be much fear of fraud.

Removing the car from account requires the following documents:

Documents certifying the identity of the buyer and the seller;
Technical passport of the car;
Transit numbers (if they were issued).

The following paper is needed for registration of the car:

Purchase and sale agreement in 2 copies;
A vehosparer on the car;
Policy OSAGO (can be hull, if the car is new);
Coupon of technical inspection, if he was.

At what stage the money is transmitted?

In this case, we are faced with a small collision: on the one hand, the contract and its legal consequences should be registered after it signed and executed. This means that by the time of joining the traffic police, the money must be transferred to the seller. But in practice, until the agreement is registered, the transaction is not complete, which means there is a possibility to face fraud.

How to safely sell the car - the instruction

In this case, the balance of cash should be made immediately after the contract will be registered in the traffic police. The fact of transfer and receipt of money should also be recorded in the text of the agreement - it is advisable to do it own.

How quickly the car is registered?

The new owner - 5 days on the registration of the transaction, with a violation of the term there is a fine. It is necessary to contact MREO Trakdd (Interdistrict Registration Division) at the place of residence, providing there required documents, list them again:

Technical support;
Certificate of car registration;
Policy Osago;
Passport;
Cauita on payment of administrative procedures - for issuing a certificate and making changes to the TCP;
Valid passport or identity document;
Contract of sale;
The statement filled in the MREO according to the sample.

After about 1-2 hours, the driver will be given a new certificate of registration of the vehicle. On this all - you can safely use the car.

What if the buyer does not register the car?

The new owner is 10 days for the car setting. If he does not meet this period, then the machine continues to be listed for the old owner. To avoid unreasonable claims to your address, after 10 days, you can contact the traffic police and find out whether the car is re-registered. In the absence of recording, write a statement of discontinuation: From now on, problems with the car are not your problems.

Do I need to pay a tax on the sale of a car in Russia?

According to paragraph 7.1 of Article.217 of the Tax Code of the Russian Federation, you do not need to pay tax after the sale of the car if the subject was owned for 3 years or more. The declaration in the MNS authority at the place of residence is also not necessary to apply. In addition, those purchases of transport, which bought it more expensive, were exempt from transferring money to the state, and they were cheaper.

So, if Ivan Fedorovich acquired his Mazda for 500 thousand rubles, and now it will sell for 475 thousand rubles, then there is no income, which means that taxes do not need to pay. However, the Declaration in the MNC authority must be provided, and to eliminate claims, both purchase and sale agreements will be required (both primary and secondary).

Checking the identity of the seller and car

Even if you are well versed in psychology, it will be worthwhile to contact open services designed to help cope with potential fraudsters:

Passport authentication;
The presence of excited executive processes.

For getting for more information About the car, check the VIN number: a lot of paid services on the Internet, and we will not advertise them. You can find out the data on the identity of the seller using ordinary search engines: if he "flashes" in bad stories, from cooperation with him you need to refuse.

Is it possible to save license plates?

Many machine owners have good registration numbers, and they want to leave them with them. Or perhaps you just do not want to memorize new numbers - this is normal. Before issuing the sale of the car, contact the traffic police with a written statement about what you want to leave registration signs with you. In this case, the machine will be sold with another number, and the previous ones will be listed for you. But be careful: traffic police will save them only for half a year, during this time you need to buy new car And put it on account.

Buying a car "by proxy": yes or not?

Do you want to pay for other people's fines fixed by the traffic police video recorder? Want for a long time and painfully justify that you have not committed a fatal accident on the car belonging to you, but got rid of it half a year ago? Then sell a car by attorney: the mass of acute sensations is provided to you!

And if seriously, at the moment there is no point in abandoning the removal of the car from the accounting and renewal on the new owner. We do not recommend you to sell cars by proxy even on close relatives and friends - risks are too high.

Sale of a car in installments: how to make a deal?

Many sellers are looking for a buyer for a long time and may even despair. And here "to the aid" talented people come, offering to buy a car by installments. Theoretically, this can be fixed in the contract, indicating the frequency of making payments.

But here we are faced with interesting situation: If the new owner will issue a car, and then refuses making monthly payments, it will have to go to court, to recognize the transaction invalid - a day ad. Therefore, we also do not recommend selling a car in installments without extreme need.

Summary

So, the sales procedure is quite simple: the main thing is that the documents on the car are in order. We identified the main pitfalls and sharp corners that can serve as a source of problems. But from all troubles are not inhabitant - trust your intuition and do not commit oddific any. As for our heroes, they better sell and re-register the car in one day: let it take a little longer, but it will be calm in the soul.

The legislative framework

In accordance with the legislation of Russia, the machines refer to the category of movable property, and they apply to the relevant norms of legal acts. However, in force high cost Car, the need to control their turnover, there is a special order of alienation of these items. The rules of sale are largely governed by the Order of the Ministry of Internal Affairs No. 11001 of November 24, 2008, as well as the Decree of the Government of the Russian Federation No. 938 of August 12, 1994. The transaction is allowed only in writing and is expressed as a contract of sale.

Questions and answers by material

Since 2013, the purchase and sale of the car has simplified considerable. For example, the seller is no longer obliged to remove the car from the register, and the buyer is to receive new registration signs, etc. At the same time, these circumstances may have negative consequences. The new car owner after buying a car can learn about the ban on registration actionsand then about the arrest of the car. That is why we will tell about the nuances of the design of documents when buying a car.

On the site you can find information how to check the car before buying, so in this article we will talk about the documentary.

How the purchase and sale of the car is issued

There are several ways to sell a car. Right from the point of view of the law is to issue a contract of sale, according to which all rights of ownership, use and orders are transferred from the seller to the buyer. On the Internet you can find a variety of forms of typical car sales contracts. And in this article we will tell you for what items to pay attention.

Some car owners prefer to issue a general power of attorney on the car with the right to sell the car. The argument is usually attractive - you do not need to go to the traffic police, stand in queues, to search for a sales contract, pay tax on sale, etc. But now such a way to transfer the car should cause a doubt from the buyer.

The general power of attorney is drawn up at the notary and can be withdrawn by the seller, and the transaction selling a third party is invalid. And if the one who issued a power of attorney will die, then the car after the opening of the inheritance will be included in the hereditary mass. The machine can be arrested by the bailiff in the presence of debts from the principal.

Proving the fact of sale of the car in the absence of a contract in the presence of a power of attorney is extremely difficult. Remember, when making a power of attorney, the ownership does not pass to the buyer.

To pay attention to when buying a car

The buyer should carefully examine the documents on the car (certificate of registration, TCP), as well as check the car via the Internet. The car must have certification in the Russian Federation, and when buying abroad to go through the procedure of customs clearance (temporary import does not provide for the possibility of sale). The car should not be wanted, to be a pledge (check on the website of the Federal Notarial Chamber), have signs of feeding numbers - all data must comply with the documents.

What documents are drawn up when buying a car

For the conclusion of the purchase and sale transaction, the following documents will be required: passports of the Russian Federation or other state of the seller and the buyer, TCP on the car, registration certificate. If the buyer plans to control the car immediately after the transfer of money, he must make the arrangement of the CTP to make changes to the current policy or after passing the inspection to get a new policy.

The contract of sale must contain identification information: brand, car model, VIN number, body, chassis, color, state number, etc., as well as what the car is owned by the seller, not laid, not burdened with third-party claims Persons. In this case, the subsequent can be filed for termination of the contract.

Since the car is now not removed from the metering, the duty to transform the car lies on the buyer. And if he does not fulfill the obligation, notice of the duty to pay transport tax comes to the seller.

And all fines for violations of the rules roadfixed with cameras. Therefore, incorporate responsibility for violation of the obligation to re-inform the machine.

How to sell cars without intermediaries: Step-by-step instructions

For example, terminate the transaction or other.

In addition to the written contract of sale in 2 copies, which, by the way, does not require a notarial certificate or state registration, place an act of acceptance and transmission (in 2 copies), as well as a receipt of cash in full. As a result, the buyer and the seller should have a signed set of documents: a contract, receipt and act. Next steps are carried out by the buyer.

Registration of a new car in the traffic police

Article 12.1. The Code of Administrative Offenses of the Russian Federation is responsible for managing transport not registered in the prescribed manner. This is a fine of 500 to 800 rubles. For each fact of the auto control. And re-violation -5000 rub. or deprivation of the management of the TC from 1 to 3 months. Road rules provide 10 days from the date of purchase of a car (signing an act of acceptance and transmission). The change of state leaders is not carried out.

After purchase within 10 days the buyer must contact the traffic police and make changes to the registration documents for the car. To do this, we must pay state duty in the amount of 350 rubles. For making changes to PTS, 500 rubles. For issuing a new certificate of registration of the vehicle, when receiving new numbers 2000 rubles.

In addition to the TCP, statements about registration, passports of the new owner, the buyer must provide the policy of OSAGO and the contract. At the reception to the traffic police officer, you can sign up online (it is very convenient and greatly saves time).

These are the main nuances, which will make the purchase and sale of a car transparent for both parties to the transaction, and if there are questions, you can seek advice from the lawyer of our site.

Each car owner will sooner or later be faced with the need to sell his car. You can realize your car yourself and using the Trejd-In, involving that you have given my own when purchasing a new car. old car In a car dealership, where they estimate its residual value and enroll it as an initial contribution to the purchase of a new car.

In this material, we will look at the self-selling of the car (not through the car dealership). To do this, we recommend adhere to the next algorithm.

Step 1. Find a car buyer

This can be done in the following ways:

place an ad on specialized Internet resources;
post an ad in the thematic printed edition;
ensure a car for sale in a commission store or near car market.

Step 2. Concludes a car purchase agreement

This can be done independently or use the services of a lawyer or notary. The notarial design of this type of contract is not necessary: \u200b\u200ba fairly simple written form (art. Art. 158, 160 of the Civil Code of the Russian Federation).

The sale and purchase agreement must be concluded in three copies (the first for the seller, the second for the buyer, the third for the traffic police).

In the car purchase agreement, the following items must be included:

place, date of conclusion, Fm.o. seller and buyer, their passport data;
car data: brand and model, its type, color, body number, identification number VIN, engine number, year of release, vehicle passport data (TCP);
the absence of any encumbrances, including pledge, and legal consequences in case of identifying them after the transaction (termination of the contract and the return of the amount paid under the contract);
cost, payment procedure, timing of the car transfer, the moment of transition of ownership of the car;
information that the parties are familiar with technical condition car.

If the buyer is found through the commission store, then the registration of the contract of sale, as a rule, is engaged in a commission store.

Step 3. Make an act of receiving a car in addition to the contract

Specify in it specifications The car, as well as the fact that the buyer has been transferred to all accessories and documents related to the car.

If you are in the purchase and sale contract with the buyer about the transfer of a deposit, it is necessary to specify this in the act or place a receipt for receiving a deposit. The seller is not obliged to return a deposit, if the contract is responsible for non-fulfillment of the contract (Article 381 of the Civil Code of the Russian Federation). The size of the deposit is usually 5 - 10% of the transaction price.

Step 4. Put the new owner in the TCP

When selling a car, make entries in the PTS (clause 50.2 of the provisions, approved by the order of the Ministry of Internal Affairs of Russia, the Ministry of Industry and Commission of Russia and the Ministry of Economic Development of Russia of 23.06.2005 No. 496/192/134):

in the strings "Name (full name) of the owner", "Address" Specify the data of the new car owner;
in the line "Date of sale (transmission)" specify the number, month and year of the car sale transaction;
in the line "Document for Ownership", specify the name of the document confirming the ownership of the car (purchase and sale agreement), its number (if any) and the date of compilation.

The above information is usually filled with the new owner of the car or intermediary;

in the "Signature of the Former Owner" line, your signature is affixed, and in the "Signature of this owner" line - the buyer's signature.

If you sell a car to a legal entity or an individual entrepreneur, completed lines with data about the new car owner are assigned to the prints of their seals (if you have printing).

Details located on the left facial and reverse parties of passports and containing information on registration of vehicles or withdrawing them from registration ("Certificate of registration of the vehicle, series, n", "State registration sign", "registration date", "issued traffic police" , "Date of removal from accounting") is filled with officials of the departments of the traffic police. The records made are certified by signatures of these officials and prints of the seals of the traffic police (clause 51 of the provisions, approved by the order of the Ministry of Internal Affairs of Russia, the Ministry of Industry and Commission of Russia and the Ministry of Economic Development of Russia of June 23, 2005 No. 496/192/134).

Step 5. Pass the buyer to the car from the car and the necessary documents.

You need to transfer the following documents to the Buyer:

certificate of registration of the vehicle;
transport passport;
notarial power of attorney from the owner of the car, if the sale does not carry it out personally.

Note. In the transition of ownership from the policyholder to a new person new owner It is obliged to conclude an OSAGO Agreement.

How to sell or buy a car without intermediaries?

The inconclusion of the new owner of the CPA Agreement deprives him of the right to apply for the payment of the Insurance amount to the insurer, insuring the civil liability of the previous owner (paragraph 2 of Article 4 of the Law of 25.04.2002 N 40-FZ; paragraph 16 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated January 29, 2015 N 2; p. 6 review, approved by the Presidium of the Supreme Court of the Russian Federation 06/22/2016).

Step 6. Make sure that the new car owner has registered the car in the prescribed manner.

Within 10 days from the date of conclusion of the contract of sale, the new owner of the car should contact the registration division of the traffic police with a statement about changing registration data in connection with the transition of ownership of the car. Upon the expiration of the specified period, subject to the lack of confirmation of registration, the new owner will require the statement of the former owner to stop registering for it from the car sold (paragraphs 56.1 of paragraph 56, paragraphs 60.4 of paragraph 60 of the administrative regulations).

Previously assigned registration marks that meet the requirements of the legislation are saved by the car, if the former owner of the car did not file an application for maintaining data for registration marks (paragraphs 56.3 of paragraph 56 of the administrative regulation; clause 42 of the rules, approved by the order of the Ministry of Internal Affairs of Russia from 24.11. 2008 N 1001).

If the former owner comes with a statement about the conservation of registration marks behind it, they will be stored in the traffic police for up to 180 days. The extension of the specified period, as well as the right of the owner on their preferential receipt after the expiration of the storage period, the law does not provide for the legislation (paragraph 42 of the Rules; a letter of the Ministry of Internal Affairs of Russia from 01.06.2017 No. 3/177706824695).

It should be borne in mind that the new owner for some reason may not register the car in the prescribed manner, but will use it. In the period of such use, the former owner of the car may be, for example, penalties for violation of traffic rules. At the same time, the former owner is exempt from liability if data will be confirmed that at the time of fixation administrative offense The car was in possession or in the use of another person (part 2 of Art. 2.6.1 of the Administrative Code of the Russian Federation).

In addition, before the registration of the new owner of the car in the traffic police bodies, the previous owner remains a payer (Art. 357 of the Tax Code of the Russian Federation).

if buying a car happens by " general power of attorney"Issued to the buyer, pay attention to its validity, the list of authority of the buyer and the correctness of making data on the owner of the car, as well as the car itself;
specify in the contract of sale and sale of the real value of the car, since in case of termination of this contract (for any reasons) you will not need once again Prove the actual value of the sale;
save the copy of the contract of sale, signed by the Buyer (if it was compiled);
make a copy of the TCP decorated on the new owner. In the future, this will help you prove the fact of the sale of the car in case they continue to receive receipts on the payment of transport tax or any other requirements from the tax authorities.

Note!

If the car sold by you was owned for less than three years, the income from its sale you must declare and pay NFFL from it. When calculating the tax, you have the right to property tax deduction (paragraph 17.1 of Art. 217, paragraphs. 1, paragraph 1 of Art. 220, paragraphs. 2, 1 Art. 228, paragraph 1 of Art. 229 of the Tax Code of the Russian Federation).

Definition

If we talk simple words, the seller changes the car for money, bypassing bureaucratic procedures:

replacement;
obtaining a new STS;
making a record in.

The buyer, in turn, enjoys a vehicle in almost all rights. A visit to the MREO of the traffic police in this case is not required, especially since the transaction performed is signed unilaterally, that is, it can be enclosed even by a remote method.

For example, money is transferred to the owner's account, he draws up the general power of attorney in the notary. It should be emphasized that the notarization of the document is paid, and the cost will depend on specific situations, to familiarize themselves with which it is possible in the table submitted below.

Table. Notarization of the general power of attorney on the car.

Note! Under the abbreviated term, the UPUCH means a legal and technical service.

Information are presented on the basis of analysis, a document that is the main regulator of rates for notaries.

Legally

The legality of the transaction is confirmed by notarial assurance, since the official representative of the state authorized by his signature is unlikely to do this with a violation of the law.

General power of attorney:

It is an official legal document fixing the official delegation of one subject of the Russian Federation to another.
It can be used to conclude so-called transactions, both between individuals and legal entities.
The document has a number of restrictive and permitting conditions relating to both parties.

First of all, you should call the most significant of them for a trustee (buyer):

Gets the right to use, storage and maintenance TC.
It has all the authority to pay taxes and representing the interests of the owner with most cases: insurance and casco, receiving payments or compensation and so on.
It does not receive the right to reissue or transfer to other persons as a gift, only for a similar generation or contract of sale, signed on behalf of the official owner.

When granting paper to assign, they can already be filled, but the signature is not recommended for them, since the notary may refuse to register such a document to doubt its authenticity.

To avoid further possible problemsIt is recommended to prepare one copy for each of the parties. This will facilitate the process of evidence of their rights to the car in the case of litigation.

The term of the general power of attorney drawn up without specifying only 1 year, if it is necessary to extend as much as possible, then the most resolved value is indicated in the corresponding column - 3 years.

After this time, the document loses its legal force, therefore, for legal use, the machine will require the conclusion of another trust paper, certified in the same way.

It is unilaterally permitted to terminate it, most often this can happen for the following reasons:

According to personal beliefs of the principal.
The company, acting as a principal, ceased to exist as a taxpayer.
Death or recognition of the incapacity of the principal or a trustee.
If a trusted person fails to fulfill its obligations: payment of fines, taxes.

Thus, the general power of attorney at any time can lose its legal force. That is why it is recommended in the case of the sale of a car in this way to enter into a written contract of sale and assure it notarially.

This will avoid mass problems, for example:

in the event of the death of a trusted person, the car automatically "returns" to possession of the previous owner;
relatives of the deceased can prove their rights to inheritance only by providing a document confirming the terms of sale, which is the aforementioned contract.

Causes of car purchase without renewal

In this case, it is possible to regard the situation with both positive and from the negative side.

Plus, this situation lies in the possibility of saving time and money, which the buyer will have to spend on reissue. This advantages end.

Underwater stones here can hide much more:

The seller acquired a car in the same way, therefore, from a legitimate point of view, it is not its owner, so it cannot sell.
The machine has certain defects that do not allow registration:
- installing a contract motor not having documents. As a result, at the moment the car turned out to be "out of law";
- replaced the frame or body, respectively, the numbers do not correspond to valid;
- local elements are brewed or damaged.
The car is a "car copy", that is, there is already such a car with similar body numbers or engine. Therefore, registration is impossible.
Auto curled from abroad with violation of customs rules. On it, the registration numbers of another state are installed, it is allowed to use it for the purpose, and it is impossible to reorganize.

Pros and Cons

Starting the advantages and disadvantages of such a procedure should be emphasized that some of the above information may be duplicated with the previously specified.

First of all, it is necessary to note the liberation of both parties from responsibility to the state in a message about their rights to the car.

The seller does not pay income tax on the sale (if it is applicable to a specific situation), the buyer does not pay for registration duties related to renewal:

Amendments to PTS - 350 rub.
Possible receipt of a new passport on a car (duplicate) - 800 rubles.
Obtaining a new registration certificate - 500 rub.
Possible receipt of new state numbers - 2 000 or 1 500 rubles. For motorcycles, tractors, trailers and special equipment.
Passing - 400 rubles.
Obtaining a new policy of Osago. With a large period of its action, you can additionally enter a new person allowed by driving a car.

However, despite the obvious and real financial benefits of both parties, such a conclusion of the transaction has a number of negative consequences that may be displayed in relation to both parties to the Agreement.

Despite the fact that the car is actually sold, officially (on the papers) it remains the property of the seller. The buyer in turn does not even have the ability to reorganize it on himself.

Such a condition is one of the main negative characteristics of the purchase of a car without renewal.

However, in addition, there are still a number of no less relevant risks:

As mentioned earlier, there is a possibility to purchase a car about which cannot be said that it is "legally clean." The vehicle may be in the hijacking, pledge, arrest, have it, and so on.
The situation regarding the buyer's death has already been mentioned, similar conditions may occur in the event of the death of the seller. The machine automatically becomes the object of inheritance of its relatives, which may not imply about the deal performed between the parties or simply turn out to be hypocritical fraudsters and will require return the car on legal grounds. In this case, there may be a duplicate of the generator and the contract for the sale of sales confirming the sale.
A similar situation will happen in the case of a marriage process occurring through court. The judge can pass the car for the former spouse, which will also need to prove his rights to the vehicle.
Power of attorney can be annulled at any time, on the appeal of the owner.
Every 3 years after the conclusion of the transaction, it is necessary to look for the seller and ask him to draw up the next form of a power of attorney and reappear with the notary, paying for its services.
Separately, it is necessary to mention the acquisition of the car at the generator from a foreigner. In the case of its departure from the country, serious problems may arise with the compilation of the next document.

Such risks can wait for the buyer who agreed to the dubious deal of purchase of the car without renewal.

If you consider the situation with the seller, it can also get a lot of trouble:

First of all, it concerns the so-called "letters of happiness." Since before the state, the owner of the vehicle is, then the receipts requiring the payment of the fine will come to his address.
Machines hit in an unpleasant story relating to a serious violation of traffic rules or the Criminal Code of the Russian Federation automatically makes its owner first suspect.
Tax payments are similar to the previously described procedure, are also charged on the official owner.

Therefore, before agreeing to such a deal with an unfamiliar person, it is necessary to carefully weigher than the advantages and disadvantages of the situation that may be due to non-compliance with one of the parties to its obligations that are most often in orally.

Such sale can be optimal option In the case of the sale of a car to close relatives, a good acquaintance, but it is not a stranger, the more non-resident or foreigners.

Is it possible to put registration in the future in the absence of the owner and how

Officially, it is impossible to make it possible. However, if you think logically, decide this problem It is possible, but this will lead to additional financial and temporary costs.

The procedure is as follows:

A trustee cannot re-reorganize a car on himself or give it, but has the right to sell it. Thus, the sale of the sale of sale, where he acts as a seller, and a good friend as a buyer.
The latter makes a car in the MREO in the prescribed manner and resells it to still "host" (trusted person).
He already has the right to re-registration and leaves it for accounting, signing up in the TCP as an owner.

Updated: 08/23/2019 7340

Is it possible to sell the car without a host and not sit down for the grille?

Good all the time of day!

Today I will consider with you the matter of interest about whether it is possible to sell the car without a host and how to do this without breaking the law and for all the rules.

How do you think, is it possible to sell such a serious thing as a car without consent and even without the knowledge of the owner? According to generally accepted logic, a negative response begs.

But in fact, this is quite feasible, especially after the legislation of the sale of car sales has simplified in Russia. Another question is how adequately these possibilities are perceived by different people.

After all, the car needs not just to sell, but to protect yourself from all kinds of trouble in the future. Strange, but some people are confident that if there are some gray or even black loopholes in the legislation, it is proof of their "correctness".

On this occasion, I will say as a hint that:

"You can" and "carefully" - this is not the same thing;
Legislation has a tendency to improve;
Correctional institutions are not empty and there are more careless idiots than false criminals.

Therefore, I wrote an article on this slippery question as the sale of cars without a host. Let's deal with together in this matter until a certain clarity is that it will be legally, which is possible, but carefully and what is better not to do.

But despite such liberties, even if there are all documents, the ability to sell cars without the participation of the owner according to the scheme with the contract of sale, without breaking the law, does not exist.

From the owner still need a signature in PTS (vehicle passport) and in DKP. Although in order to remove from the records sold the car, and on the very transaction, the personal presence of the owner is not necessary.

And in what cases, with such a sale, the law will be completely on our side?

Personally, I see the two options:

When selling at the general power of attorney;
When selling as a result of a court decision.

By general power of attorney

Having general power of attorney with the right of handover and sale, you can legally sell the car under the sale contract, speaking as a principal manager.

Opinion expert

The seller in the contract of sale will be indicated by the true owner of the vehicle (according to the TCP), and the person signing the agreement on the genesis is acting as its representative.

Also, the car acquired by the gene is not the owner of the vehicle, a person who is subsequently died, is not included in the hereditary mass and returns to the legal owner recorded in the PTS.

I will immediately clarify that according to ordinary handwritten power of attorney, it is impossible to legally sell cars without a master, as it is impossible to sell it at all without a power of attorney.

So, if your vehicle (TC) was purchased by you by the General Power of Attorney (DG), then you have the opportunity to sell it if:

Your version of the general power of attorney provides for the point of sale of cars without the participation of the principal - GD with the right of sale;
You have a copy of the general power of attorney certified by a notary - it necessarily requires and takes itself the traffic police when re-register cars to the new owner;
You are sure that there will be no problems from the initial owner.

But quite often the situation occurs when the general power of attorney needs to be replaced with DCP in your name.

However, the thing is that according to the law of the Russian Federation, the one who owns the attorney (trustee), any attorney - at least the general, at least "space", is not entitled to make any transactions with what is entrusted to him (in our case it is a car) in The attitude of your loved one.

That is, you, having a "gene execution" (with the right of resale and handlers) you can easily resell the car to someone (the third person) also on the gender or on DCP (to choose). But you do not have the right to directly sell the car yourself. This is the law.

Attention! The general power of attorney does not give ownership of the car for its owner and the previous owner remains legally owner. A trustee (the one who was written out by the State Duma) has the right only to order a trusted car, including expanded (general) rights - the right of resale, hand-master and other powers included in the High GD.

How then do these cases come? And simply resell a car to some physical or legal person on DKP, and then buy a car back, too, according to DKP. All, you are a legal owner!

But, not quite ...

The fact is that this kind of "running horse" is legal only conditionally. And the condition is the last paragraph from the above list. That is, you must be sure that the principal will not make complaints.

And otherwise, if he appeals to the court, the legality of resale auto to himself will be recognized as insignificant and the entire chain of prisoners of DCC is canceled. Like this. Well, if the owner of the State Duma is selling a car, and someone else, then such a deal will be valid and legitimate and its challenge in court is already very problematic.

As a result of a court decision

This option is much more troubles. The need for it arises, for example, after the death of the owner of a car or, in some cases, his missile absence.

Suppose you are a relative of the holding the owner of the car, which did not leave any will, nor a donation on a car, nor even a power of attorney on him.

Then you must under the law to enter the right of inheritance on the available vehicle, on the basis of which it will be possible to check in your name and, accordingly, the sale. If you are an extraneous face, then all this needs to be helped to do relatives, and they can already make a car at you.

In the event that this is the case of the long-lasting years (and a valuable rarity was found in the garage, for example), then for the court there will be any document on the entry into any relative in any inheritance.

Opinion expert

Andrei Andrei Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

He worked in the International Arbitration Court of 15 years, as deputy chairman. Excellent experience of claims. At the moment, they are engaged, including disputes of violation of traffic rules, compensation for damage as a result of an accident, bringing to administrative responsibility, compulsory complaints and complaints.

If several heirs claim to the deceased car, then you, as a potential heir, should pay attention to the court that you actually accepted the inheritance.

To do this, it is necessary to make proof of the fact that you have taken into account the inherited TCs have taken measures to preserve, protect against encroachments and claims of third parties, from their funds paid transport tax, provided maintenance and repair of the car, etc.

Sell \u200b\u200bthe same car of a missing lack of host, only the nearest relatives of the first category are eligible (mostly concerns spouses and sometimes parents).

For example, a person who had a car had a car. The husband disappeared somewhere for a long time and his spouse decided to sell the car. Then the woman first will have to divorce, and then sue the property.

If the husband does not come to the court session, he will be considered missingly missing and all property is awarded to the present side (spouse).

How to sell a car without a master in a gray scheme

The gray sales scheme is based on everything on the same confidence that the owner of the car in any case will not mind the transaction.

In this case, you can sell the machine according to the scheme described in the article about, if there is an DCP form signed by the owner and its passport data. Then the contract can be filled in any way, with any conditions unilaterally.

Opinion expert

Andrei Andrei Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

Before concluding, check the TC purchase agreement for compliance with the requirements of civil law. Thus, it should indicate the basic data on the sold car (brand, model, year of manufacture, VIN, color, the number of aggregates, number of PTS, etc.).

If you want to protect yourself at the conclusion of the transaction, it is better not to leave empty fields and blanks in the contract. If, after selling, someone from the parties of the contract is going to correct something in the contract, pursuing unlawful goals, then this can already be qualified as fraudulent actions (Article 159 of the Criminal Code).

There is still an option with some institutions that online advertise themselves as having the opportunity to buy and sell any car, even something that has lost all documents. The feasibility of using the services of such places should be dictated by common sense and caution, especially concerns.

In any case, the price of the car sold in this way will be significantly lower than the market.

As for the sale of a car on documents with fake signatures (mainly in DKP and TCP), which was quite widespread in the Russian Federation in the Outbid medium, then it is necessary to observe special caution since. In this case, it is possible to get under the criminal law (st . 159 and 327 of the Criminal Code of the Russian Federation are fraudulent actions and fake documentation).

Of course, if the situation allows (for example, a person died, he has no relatives, and the "generator" ended), then this option can be applied as an exceptional, but to abuse such schemes to ordinary people, without the necessary connections, is not worth it.

It is on such dubious transactions that they love to make money by earning only in hand if their victims themselves violates the law.

Opinion expert

Andrei Andrei Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

If there is no real signature of the Seller's purchase and sale contract, this is the basis for the recognition of the contract is not adequate, and the ownership of the buyer for the acquired TC is not coming.

And how do you think in Ukraine?

At the end of the article decided to pay attention to the peculiarities of sales of cars without the participation of the owner in Ukraine. In general, all the schemes about which I talked above are applicable in this country, t. The legislative frameworks of most of the territories of the post-Soviet space still retain a very large similarity.

That is, you can use the same schemes in Ukraine as for Russia:

By general power of attorney;
According to the results of the court decision.

But! But the world does not stand still and in connection with the well-known political events under the legislation of Ukraine, went to "walk the storm", which is completely natural with such situations with the fundamental reformatting of the entire structure of the state device.

Touched this storm and automotive legislation. With the inherent Ukrainian vigorousness in all changes and cancellations, along with the cancellation of a certificate-account (from November 19, 2015), the traffic police (traffic police) with MREOs in addition were abolished.

Well, here I exitted a little: actually under the elimination, on the World Day of the toilet (there is such a holiday on November 19), I got the traffic police, and together with this SPOS service passed on the structures and rules associated with it. Among other things, I ordered a long time to live a MREO and a certificate of account.

Well, if the lifestyle of the CIS motorists, the certificate, the account was found in the grave with the expected applause, then the liquidation of MREO caused questions from many lawyers.

It turned out to be very confusing and the final version of this reform is not yet clear. The MREO functions were shifted to the newly created CC of the Ministry of Internal Affairs (service centers of the Ministry of Internal Affairs). It seems to be accepted usually: one was removed, the other was set. But not everything is so simple.

The fact is that who has been improving the MREO, according to Ukrainian legislation, was engaged in providing services to motorists in its own profile legal field. That is, this institution did what it should have done and for which it was originally created.

And new service centers directly include and subordinate to the structure of the Ministry of Internal Affairs, which is a body with completely different tasks and the provision of services to the population into these tasks is not included and should not be included. Well, except to consider the service of the detention of the prison or something like that.

Because of this, lawyers express concerns about the inconsistency of the legality of the activities of the CC of the Ministry of Internal Affairs and, consequently, the possibility of challenging in court with all the documentation issued and approved by them.

With this, everything is not very clear with this, although officially autleboles of Ukraine assure that all sharp angles and inconsistencies will come back at the end of the reform process. Well, let's hope.

Try to avoid the possibilities of purchase and sale schemes for the general power of attorney, and always conclude DCP;
All documentation conducted by gray sales schemes should be filled with one ballpoint handle.
It is very desirable that the name of the owner in the DG and in the TCP coincides, as well as its handwriting.

Conclusion

From this article, dear readers, it can be concluded that the car is in principle not very difficult to sell without the participation of the owner, but this is only if the deal approves or it refers to it is neutral.

Otherwise, you can find a large headache or even to be a feasurant of criminal proceedings! Be the most attentive and careful in this kind of business.

And how did you sell cars without the owner, did you go smoothly? Tell me and others about your experience in the comments. We will be interested and useful to know about it. Well, if the information is interesting, or useful, or just like it, I will add an article with your authorship!

Let's distract from serious topics of urgent. See how old men were given young guys in basketball:

On this I will tell you goodbye, dear visitors. For convenience, make a blog subscription, share articles on social networks and do not miss, strive to be active and cheerful!

Comments on Article: 41

Ruslan

02.05.2016 | 06:52

Very competent and necessary article. And all other your information. Where have you been before with your blog?

Olga

06.11.2016 | 00:41

Good afternoon! And how much can you trust help auto experts? Do they have any intent?

Alina

12.05.2017 | 10:12

Hello!

The question is: there is a car, decorated on me on the TCP and in the DCP, now the husband wants to sell it, ie, to pick it up with me, the question is: Can you sell himself without me and is legitimately what Steering, does not have the right, deprivation?

Alexander

28.05.2017 | 23:24

Gentlemen welcome! Smashed the car serving. If I gave the car not to repair in a private service, having a kvitka towing and confirmation of the transfer in writing from who accepted. In general, I gave the car to repair not on the move on it made an accident and disappeared with scene of an accidentI at this point was at home. I received a statement to the police about this, the culprit is not installed. The fee without acting and the seers, who was ruling, was missing, now the victim filed to my court as the owner and demands compensation ... What to do in this situation?

I myself remained without a car and still hang on me repair Kia. Rio 2013 is 350 thousand that in the princepi the whole car is not worth so much ...

Svetlana

05.08.2017 | 21:49

Good afternoon, I would like to ask, bought a car from a pen. Without his passport data, now the former owner calls and says that the car is in the hijacking, although the car in the hijacking is not listed, and the overup is unavailable. Tell me what can be done in this situation.

Yulia

21.08.2017 | 18:33

Good afternoon, tell me what power of attorney on the car should be issued so that a civilian husband could not sell it without me?

Kristina

28.09.2017 | 01:43

You can, if the owner is a husband))) But mine knew, I just did a sale, I have a talent for this) I know how it is necessary: \u200b\u200bthe announcement rushed, it turned out everything in detail, Scheduled, added a photo and after 2 weeks of denyuzhka in his pocket

Alyona

04.11.2017 | 13:23

Hello, please tell me. I go to the car, the owner is my father, I drove it rightly, insisted in the insurance certificate, can I sell cars without his participation? Having his passport with himself, not having a power of attorney or its presence or gene is necessary. power of attorney?

Pauline

24.01.2018 | 21:13

Good day, please tell me, two years ago by step off the spouse issued a gene. Gentness for him, we gave money to him on the related cash, the car spouse has already sold, and today we came a letter that stepfather has sueded that we sold the car and Do not give him money for the sale of the car? On whose side the law?

Han

16.03.2018 | 00:40

I bought a car through the purchase for sale. But the car is something with the engine. Yesterday I was removed from registration. I can write sale for sale and sell or what should I do without registration?

Alyona

19.05.2018 | 00:01

Hello! I GR of Ukraine, my car in Russia is decorated for GR. Can I make a power of attorney for himself and then sell a car? And maybe not the topic of the question, can I travel abroad, in t to Ukraine on this car?

Maria

07.10.2018 | 08:39

Good morning! Tell me please whether there will be no problems with car accounting: according to the documents the last owner of the salon, the guy who sells, did not make a car, allegedly bought as a gift, did not like the gift, now sells ...

Alexander

25.10.2018 | 23:12

Good day! The mother-in-law in St. Petersburg passes the car from the deceased husband, he was the only owner, inscribed in the PTS, the car was bought before their marriage. The mother-in-law can not sell the car.

Please tell me how to sell this car in MSC?

Irina

Not all the new owners of the vehicle bought on credit wish to organize their future according to the standard scheme: the deduction of monthly payments is the use of the acquired machine. Someone lacks funds for the payment of a loan, someone wants to replace the car to a more suitable, someone - to buy more or less expensive technique. But how to sell a credit car? In the article we will analyze the procedure in detail.

Sealing PTS

And the first complexity here is not the right owner, but in the bank. Usually the credit organization is withdrawing the document after the registration of the machine. The client is given for this process 10-15 days.

PTS returned to the PTSA only after paying most of the loan or after full repayment of the loan. Thus, the bank seeks to protect themselves from unscrupulous borrowers. And the owner has a problem: how to sell a credit car if the PTS is in the bank?

The loan agreement with the transfer of a credit organization's passport passport has certain goals:

While PTS at the bank, the borrower (on the papers, as a full owner), can only exploit the car, but do not dispose of this property. Sale, exchange, donation occurs only under the control of the credit institution. Accordingly, such a restriction gives the last confidence that the borrower will not quit a loan payments.
If the client allows for a long delay, can not cope with its loan, then the bank, having a PTS, can easily set the car to auction.
Until the end of the loan agreement, the borrower has an obligation to insure the car at the expensive CASCO system.

But you can sell a credit car with TCP in your hands. Some banks do not require transmission to them when taking a car loan. But, in fact, the proposal more like a trick - interest rates on such loans are much higher, and the Bank's right to the credit card remains the same.

Car loan without seizure TCP

If you still decided to stop at the auto rate without a collateral in the form of a vehicle passport, then you should contact the following credit organizations:

Sberbank. Note that such loans are not available in all branches and offices.
"UniCredit".
"Russian standard".
Raiffeisen-Bank.

These credit institutions have been worked out their schemes to counter fraudulent operations, due to which the removal of the TCP from the borrower is optional for them. The credited face receives such minuses as a high bid of a loan, an expensive view of the CASCO, a condition in the form of compulsory loan insurance and so on.

Credit Machine Sales Options

Is it possible to sell a credit car? As we have seen, until the car is completely repayment, the car does not actually belong to its owner. Accordingly, it is possible for sale only with a number of restrictions unfavorable for the owner.

So is it possible to sell a credit car? Yes, there are several ways to:

Sale with the participation of the bank.
Independent sale.
Sale by court decision.

Whatever of these methods you choose, the first thing you need to contact the bank for obtaining permission from it to the transaction! Without the consent of the credit institution, the sale of auto produce a lawful way you will not succeed.

You can also offer and alternative options how to sell a credit car legally:

Early repayment of the loan at your own expense. You make money, get PTS and you can dispose of the car at your discretion.
Refinancing. In this case, consumer credit is taken in another bank for the missing amount. With these means, it is afraid of autonation ahead of time. You sell cars with PTS (this is the most profitable option), and part of the funds received close the consumer loan taken.

Let's make every way step by step, in detail.

Sale of a car through the bank

Yes, banks sell credit cars. If you want to choose this way, you need to do the following:

Contact your credit institution where I was issued by Avdaat, and declare your decision.
Many banks cooperate with major autosals, whose activities are selling used cars.
The sale procedure occurs through this intermediary. As a rule, it takes a minimum of time.
After selling with you in a short time, credit commitments are removed.

The method is quite simple. But at the same time unfavorable - the cost of the vehicle will be determined not by you, but by the bank. Of course, the credit institution will act in its interest, as a result of which the price will be much lower than the market.

Independent sale

How to sell a credit car yourself? Naturally, this option will be much more profitable for you. Perhaps two ways to develop events:

Appeal to a specialized dealership car dealership. As a rule, such centers are listed on the list of their services to buy credit machines. A salon representative evaluates your car, assigns the cost of redemption. If you agree with her, then the cabin employee will appear in the bank, will pay off the remaining amount of the loan, after which it will be given to the PTS. The difference in the cost center returns the owner. Of course, sold cars in the cabin will be at another, higher price.
Independent search for a new car owner. How to sell a credit car in this case? You need to register on any of the well-known checkpoints of ads and submit your sales message. Another option is to try to find a buyer among acquaintances, loved ones, colleagues. This face is from the part of the funds that you will move for the car, repays the remaining share of the loan. The bank returns the TCP, and you register the car on the new owner.

Note that the listed options are good only if you have no overdue on the loan, you are not limited in time before the formation of the bank delay.

Sale on judicial verdict

But this method is equally unprofitable to the client, and the credit institution. After all, the cost of the car, which will appoint the court will be the minimum. This amount is sometimes enough for the payment of the basic body of debt. And percentages, the borrower comes from their own funds for delay.

And the bank's non-vigode is that the sale of TCs by the court decision takes a fair time. A credit organization during this period does not receive any loan repayments.

Credit Auto Sales Algorithm

If you managed to find a buyer yourself, then you need to act on a simple scheme:

First of all, you make a request to the bank for unpaid amount with interest.
You are with the buyer in the office where you fill out an application for early repayment of the loan.
With the new owner, make a part of the amount from the funds provided to them.
Conclude an agreement on purchase and sale. Send available documents, you provide the balance of money from repayment of the loan.
Loading the closure of the loan - it takes 2-3 days. Then you return to the TCP, and you provide a document to the buyer to re-transfer the car on it.

Sale complexity

All of the above-mentioned methods for selling credit machines have common difficulties:

You will definitely notify the bank about your decision, even if you search for a buyer's search on your own or through a dealership.
You need to get a sales permit from the Credit Organization! Note that there is no agreement on the deal.
If you decide to sell the car without notice of the credit organization, then your actions may be regarded as a fraud with a punishment that rely on it.
"I sell a credit car without PTS" - knowingly the failure of the announcement. It is not very easy to find a buyer, I agree to acquire such a car, - most often people are afraid of "divorce" schemes, additional problems with the purchase.
To melt the future owner of the acquisition, you need to give in your own interests - in particular, make a decent discount.

Illegal ways of sale

About how to sell a credit car is illegally, you already heard. The most common scheme of "Correspondences" is as follows:

A car loan with the provision of the TCP Bank is purchased by a car.
The fraudster regularly contributes relying payments within 2-3 months.
The face is then addressed to the traffic police body with a report on the loss of PTS. He is given a duplicate document.
Happy New TCP machine Sold on the ad.

Here are just such actions of criminal punishable. In 2018, for them threatens the punishment in the form of imprisonment for up to 5 years.

Reader note: In order not to become a victim of such a deception when buying a used car, before re-registering the machine, you will definitely contact the traffic police to find out if the previous owner for the duplicate of the TC passport appeared.

Many owners of credit cars, who have on the hands of the TCP (following the loan in a bank, where the TC passport is not withdrawn), go on this kind of trick. They serve an early statement for repayment of the loan, try to find a buyer in a short time. Since the TCP in the hands, sell the car to the new owner, not reporting a loan. The car is removed from the records, reforms to the buyer. The former owner at this time is trying to pay off the loan as soon as possible.

And such an operation will also be fraud, moreover, quite easily disclosed. The traffic police department engaged in the re-registration of the machine can request a permission to such an action with a credit car. The scheme, thought out by the resourceful seller, will fail.