Selling a car should be based on numerous legal requirements. If they are violated, the seller may be declared a fraudster. Therefore, you should figure out how to safely sell the car, what actions are taken for this, what documents are prepared, and how the car is being copied to the new owner.
Rules for selling a car
Numerous amendments are regularly introduced into the legislation related to the procedure for selling various property. Back in 2013, the Ministry of Internal Affairs introduced changes to the rules for re-issuing a car after a sale. Therefore, every citizen should know how to sell a car on their own according to all the rules.
Now, when selling a car, it is not required to deregister it. Therefore, it is transmitted to the buyer together with the numbers. The basic rules of the process include:
- in order for the car to be recorded to the new owner, it is only necessary to make the necessary amendments to the traffic police database after the purchase and sale agreement with the buyer is concluded;
- In the TCP, data on the new owner must be entered in the item “Special marks”;
- Only after these actions are completed, the seller settles, for which money is transferred to the former owner;
- the previous owner gives the buyer keys and documents for the car;
- Further, the new owner is independently engaged in registration of ownership of the property.
Using the new rules, you can sell a car quickly and expensively, since the re-registration procedure in any unit of the traffic police on the basis of current regulations should not exceed more than one hour from the moment the necessary documents are submitted by the applicant.
If the old rooms are of good quality and are not required by the old owner, then you do not need to receive new signs, which saves money for both parties to the transaction.
Documents for sale
Many people who want to change a car, think about how to sell a car under a contract of sale. The procedure is considered quite simple if it is well understood. To draw up a contract you do not even need to contact a notary, as it is allowed to use a simple written form. The document is correctly filled out by both parties to the transaction, but it acquires legal force only if there are signatures from the seller and the buyer.
Before you safely sell the car, the seller must prepare documents for these purposes. These include:
- Title
- passport of the owner of the property;
- certificate of registration of the machine;
- CTP policy.
Only if the above documentation is available, it is possible to correctly fill out and issue a contract without any problems.
Terms of Agreement
How to sell a car under a sales contract? For this, the seller prepares the necessary documentation, and also the direct agreement is correctly filled out. Be sure to include the following information in the contract:
- information about the seller of the car, presented by his passport data, F. I. O. and place of registration;
- information about the new owner of the car, and if the car is purchased by the company, its details are indicated;
- the time and place of drawing up the contract are prescribed;
- indicates the full cost of the car;
- provides a method by which funds are transferred for the car;
- information is entered on the period during which the car will be transferred to the new owner;
- it is prescribed that there are no burdens on the car;
- lists all the information about the car, and this includes its brand, color, model, year of manufacture and other data;
- it is indicated that both parties to the transaction were acquainted with the characteristics of the car;
- at the end are the signatures of the seller and the buyer.
Many sellers to reduce the tax base reduce the cost of the car in the contract, if the car belonged to them for less than three years. But in this case, there is a possibility that the buyer will take advantage of such a situation, therefore, he will pay exactly the amount indicated in the contract. It will be impossible to recover additional funds from him, even through a court.
The contract is drawn up in triplicate, since each participant must have his own document, and the third is transmitted to the traffic police to register the car with the buyer. You can enter data into the agreement by hand or using a computer.
Where is the contract drawn up?
Many car owners are thinking about how to safely sell a car under the new rules. The process is considered simple and quick, but it is important to decide in advance exactly where the contract of sale will be drawn up. To do this, you can use the following methods:
- Address to the notary. This method is considered not too popular, expensive and complicated. Specialists work only on weekdays, and a lot of money will have to be paid for their services. In this case, a standard contract of sale will be obtained. The law does not require notarization of this transaction, therefore notary services are considered unnecessary. They do not provide additional guarantees to participants.
- Using a thrift store. For buyers, this method provides certain guarantees. If the car is not sold directly by the owner, but by his family or friends, then the buyer can protect himself. In this case, the car will be bought from a thrift store. By attracting an intermediary, you will have to transfer high commission deductions.
- Attraction of special intermediary firms. They provide services for drawing up a contract of sale for a small fee. If the seller is interested in how to safely sell the car, and at the same time does not have knowledge on how to correctly draw up this agreement, then attracting professionals is considered the best solution. For such services you will have to pay from 500 rubles. up to 1 thousand rubles
- Self-drafting of the contract. Most often, the parties to the transaction resort to this option. For this, all information in the agreement is entered by two parties. In this case, you can save time and money, and you will receive a standard document with legal force.
If you understand how to correctly and safely sell a car, then this process will be performed promptly and legally.
Is an acceptance certificate drawn up?
According to the law, only having a sales contract is sufficient, but if the seller wants to protect himself from various unlawful claims on the part of the new owner, it is advisable to use the act of acceptance in the process of providing the car to the buyer. This document confirms that the property has been transferred to the new owner.
How to sell a new car competently? For this, an acceptance certificate is prepared containing the following information:
- characteristics of the car are given;
- data on each participant of the transaction are indicated;
- The exact date and time when the car will be transferred to the new owner is registered.
Using this document, the seller will be able to confirm that at a certain point in time he could no longer use the machine. This is due to the fact that the buyer is given 10 days to reissue the car. If traffic violations are committed at this time, then fines will be sent to the previous owner. In order not to pay them, it is advisable to draw up this act. Using this document to challenge a fine in the traffic police is not difficult, so it will be redirected to the new owner of the car.
How to sell a car?
Every car owner is interested in how to correctly and safely sell a car. The procedure consists in the implementation of several stages. Only following the correct sequence of actions can you understand how to sell a car yourself. A step-by-step process instruction consists of the following steps:
- preparation of the machine is carried out before sale, for which minor repairs are made, and the car is also sent for washing;
- bright and high-quality photographs are taken;
- advertisements are placed on various free sites;
- documents for the car are prepared, which should be provided to each potential buyer for study;
- upon receipt of calls, appointments are scheduled where buyers can inspect the presented car;
- if a car is liked by any buyer, a contract of sale is drawn up;
- an act of acceptance is additionally formed;
- on the basis of the documents drawn up, the property is re-registered as a new owner;
- the seller receives funds for the car in a predetermined way.
If there is no opportunity and time for the independent sale of the machine, then you can sell it to special companies involved in the resale of property. But most often, citizens are interested in how to sell a car on their own. The step-by-step instruction is simple and understandable, therefore, there are no difficulties with this process.
Nuances of saving numbers
Under the new rules, rooms may remain with the new owner. If the seller wants to keep the numbers for himself, then he will have to pay a fee of 2 thousand rubles. for deregistration of a car. After writing a statement in the traffic police, only one month is given to search for a new car on which these signs will be put.
Only signs that are in good condition are sent for safety, and if they are erased or damaged, duplicates are created, so the citizen still has to pay the fee.
Can I use a power of attorney?
Many people who are interested in how to safely sell a car are thinking about the possibility of using a general power of attorney for this. If this document is applied, then the right of ownership does not pass to the authorized representative. Other features of this method include:
- a power of attorney is drawn up for a maximum of three years;
- if the document does not contain information about the validity period, then by law, you can use the machine on the basis of a power of attorney only for one year;
- the documentation ceases to be valid if its validity expires, if it is canceled by the principal or the owner dies;
- Based on the document, you can only use the machine, register it, undergo maintenance, deregister, change data in the traffic police or repair the car, but you can sell it only with the permission of the direct owner.
If the owner of the car dies, then the power of attorney is invalidated, therefore the heirs of the deceased will demand the property, since it is included in the estate. It is not advisable to use a power of attorney for the sale of cars to unauthorized persons.
How to protect yourself from cheating?
Every car seller wants to know how to safely sell a car. Transfer of money is considered the most important point, as fraudsters often use different schemes to deceive the seller. To make a safe transaction, the following nuances are taken into account:
- the contract must be drawn up competently, therefore, it necessarily includes information about the parties to the transaction, the characteristics of the car, the exact amount of the fee for the car, and there must also be other essential conditions;
- if there are fears that counterfeit money will be transferred, then it is advisable to use money transfers through a bank;
- if registration is performed by both parties to the transaction, then the funds must be transferred before the direct process;
- it is impossible to inform the second participant of any codes coming from the bank, as they are confidential information;
- if the buyer insists on buying a car on the basis of a power of attorney, therefore does not agree to a contract of sale, it is advisable to refuse such a transaction.
Only with these recommendations, you can understand how to safely sell a car. The transfer of money should be recorded officially, so a receipt is drawn up or funds are transferred to the bank account.
Tax Payment Rules
If a car is sold that has been owned by a citizen for less than three years, then the personal income tax will have to be calculated and paid. The amount of tax is 13% of the cost of the car. To reduce this payment, you can use different ways:
- if there is an initial contract on the basis of which the car was purchased, then 13% is calculated only from the difference between the purchase and sale value, and often there is no positive difference, so no tax is required;
- if the car was received on the basis of a gift or by inheritance, then the citizen does not have evidence of the cost of the car, so in this case a tax deduction of 250 thousand rubles is drawn up, which reduces the tax base, after which 13% is charged from the value received.
In addition to transferring tax, a citizen needs to generate and submit a tax return to the Federal Tax Service. It indicates the total cost of the car, the income received and the direct fee.
Often, car owners to lower the tax base indicate a lower value in the contract of sale. This is considered dangerous for the direct seller, since after drawing up such a document, the buyer can transfer exactly the amount indicated in the agreement. To challenge such actions will be simply impossible.
Conclusion
Many people are interested in how to sell a car. Step-by-step instructions for this process are considered simple and straightforward. For this, it is important to prepare the machine itself and the documents for it. Search for a buyer can be carried out independently or with the help of an intermediary.
It is advisable to use a standard contract of sale to complete such a transaction. It is allowed to attract a notary, but the costs of his services are considered too high and superfluous. Before registering a car, it is important to get a predetermined amount of funds from the buyer. Given many recommendations, you can make a deal not only quickly, but also safely.