Selling a car is a fairly easy process if the seller knows how to proceed correctly. To do this, you must draw up a contract of sale of the car. It contains basic information about the parties to the transaction and the car being sold. It can be composed independently or with the help of a notary public. This document is the title documentation of the buyer, so on the basis of it the necessary changes are made to the traffic police database.
Concept of agreement
The car purchase and sale agreement is presented by an official document, on the basis of which the right to the car is transferred to the buyer of the vehicle. It may be completed by participants in the transaction who do not have a legal education. But it’s important to be careful, as serious errors can cause the document to be invalidated.
Without this document, the buyer will not be able to confirm that he legally wants to register the car for himself.
Drafting Methods
Most often used to sell cars DCT. It can be compiled in two different ways:
- entering information by the parties to the transaction, for which they rewrite information from official documents;
- an appeal to a notary public who can print the form of a car purchase and sale agreement, after which the necessary data are entered into it by both parties to the transaction and the direct specialist.
Using the services of a notary is optional. For his services, the specialist requests a fairly significant payment, so it is advisable to independently draw up the DCT.
Can I fill in by hand?
The law does not have clear requirements for the form or content of the document, so the appearance and text may vary slightly. Information can be entered by hand or using a computer. In any case, when filling out the car purchase and sale agreement for individuals, the following requirements are taken into account:
- if data is entered manually, it is necessary to use it when filling in different points with the same ink;
- handwriting should be clear and large;
- two copies of DCT are made, as one is transferred to the buyer, and the second remains with the seller;
- it is this document that acts as title paper, therefore, on the basis of it, the necessary adjustments are made to the traffic police database;
- acquires the contract legal force after signing;
- it is allowed to involve a lawyer as a witness to the transaction in the preparation of the document , and he will also participate in legal proceedings in the event of disputes between the participants, but from 1% to 2% of the cost of the car is paid for his services.
To complete the transaction, one of the participants must bring a form with him. To do this, you can first find a document on the Internet and print the contract of sale of the car.
Stages of car sales
The implementation of the car is carried out in several stages:
- the owner prepares the property for sale;
- he collects the necessary documents, which will be transferred to the new owner;
- posted on special sites on the Internet or in local newspapers advertisements for sale;
- potential buyers inspect the car;
- if any citizen wants to buy a car, he studies the documents available to the seller;
- drawn up on the spot or with the help of a notary public the contract of sale of the car;
- funds are transferred for the car to the seller;
- the new owner puts the car on the register in the traffic police for 10 days;
- for this period of time, he must acquire a CTP policy.
Particularly careful participants in the transaction should be in the preparation of the DCT.
What documents are required?
When selling a car, the owner must prepare numerous documents. It is necessarily studied by potential buyers, since with its help they can verify the legal purity of the transaction. Therefore, documents are required:
- certificate of registration of the machine;
- Title
- an agreement on the basis of which a car was previously purchased;
- car owner's passport;
- service book and registration certificate for a car.
All information in the agreement is copied from these documents, which minimizes the probability of entering erroneous data.
Features of the conclusion of the transaction
When using the car purchase and sale agreement, the parties to the transaction take into account some nuances:
- Before selling a car, the car owner may not deregister the car;
- the buyer decides whether registration numbers will be replaced;
- if the numbers remain, then a state duty is paid in the amount of 800 rubles, and if you need to get new signs, then 2.8 thousand rubles are paid .;
- transit numbers are provided only when transporting the car to another country;
- registration of the car at the buyer should be carried out within 10 days after signing the contract, and at the same time it is necessary to purchase an insurance policy;
- if the buyer does not register the car at the scheduled time, the former owner can perform the process on his own, protecting himself from fines of the traffic police and tax assessment;
- registration of a car with a new owner can be carried out in any department of the traffic police, so now it is not necessary to contact the unit located at the place of registration of the citizen.
Before concluding a transaction, it is important to make sure that the TCP has the necessary lines for entering information about the new owner. If they are missing, you will have to take care of getting a new document.
What information is entered into the agreement?
When filling out the form of the contract of sale of a car by individuals, the following information must be entered into the document:
- information about the participants in the transaction, therefore, their full name and address of residence are indicated, as well as data from passports is copied;
- data about the car from the TCP is entered, since only with this information it will not be difficult to identify the car;
- indicates the brand of the car, its class, body number, color, release date, engine number, transit data, if necessary, as well as the VIN number;
- the sale price of the car is prescribed , and often sellers insist on lowering the price to 250 thousand rubles, so as not to pay tax if they owned the car for less than three years;
- the date of the agreement is indicated;
- both parties to the transaction sign on the document.
Before signing the contract, it is advisable to make sure that all information is correct. A sample contract for the sale of a car can be found below.
Nuances for participants
Participants in the transaction when drawing up a contract of sale of a car must take into account the following nuances:
- after signing the agreement, the seller must check whether the buyer removed the car from the register within 10 days after the purchase, and if this process was not completed, then you must contact the traffic police to remove the car from the register;
- Before signing the agreement and transferring funds, the seller must make sure that all documents on the car held by another participant in the transaction are originals;
- it is not recommended to agree that the contract should indicate a lower cost than the amount transferred for the car to the seller, since otherwise the buyer himself may have problems with paying tax if he decides to sell the car within the next three years;
- if the machine has additional equipment provided by xenon or other tuning elements, the seller must have documents for these items;
- it is recommended that you do a car check yourself first, for which the traffic police databases are used on the Internet or information from the BKI, since due to such a check you can get information about whether the car is a loan or a pledge.
Often, buyers are faced with the fact that the seller has only a copy of the TCP, and not the original. In this case, there is a possibility that the car is pledged. To conclude a transaction, it is important to use the current form of the car purchase and sale agreement for individuals. In this case, it is enough to enter the necessary data into the standard items.
Can I use a power of attorney?
Some sellers insist on using a general power of attorney instead of a contract. But such a decision has many risks for both parties to the transaction:
- even if the document transfers the right to dispose of the property, the trustee is still the owner;
- all fines and taxes come to the direct owner who does not actually use the car;
- if the principal dies, then the car is inherited, therefore a power of attorney correctly drawn up and certified by a notary loses its legal force;
- for various reasons, the seller may legally revoke the power of attorney;
- under such conditions, it is likely that the car has different restrictions.
Therefore, it is advisable not to agree to draw up a power of attorney. Only in the presence of correctly drawn up DCT is legal purchase and sale of a car carried out. The contract form can be downloaded on the Internet, after which it is easily filled in by the drivers themselves.
Common mistakes
If the participants in the transaction wish to draw up a car purchase and sale agreement for free, then they enter all the necessary information on their own. Under such conditions, it is likely that certain errors will be made. The most common errors include:
- some information is entered on a computer, while others are written by hand, which is a gross mistake, so you can use only one way to enter data;
- different blots, strikethroughs or information that does not correspond to the information from the official documents of the participants are revealed, so if such violations are detected, it is advisable to use a new form;
- missing dashes in blank lines.
An incorrectly drawn up contract can become the basis for refusal to register with the traffic police, which will lead to problems for the buyer, as it will have to quickly redo the document.
What should the buyer do next?
As soon as the purchase and sale of a car is properly executed using a competent form of an agreement, the buyer must register the car. The process runs over the next 10 days. For this, the MTPL policy is initially purchased. Further, you can apply for re-registration at any traffic police department with the following documents:
- application for registration;
- CTP policy;
- diagnostic card;
- form inspection of the car by the traffic police.
Based on this documentation, necessary adjustments are made to the traffic police database. After that, all fines from the traffic police and tax receipts will come to the new owner.
Conclusion
For the sale and purchase of a car, it is optimal to use the appropriate DCT. It can be filled out by the participants in the transaction themselves, and they can also use the services of a notary.
In order for the agreement to have legal force, basic information about the car and citizens is entered into it. If there are errors or blots, the buyer will not be able to register the car with himself in the traffic police. The registration procedure must be completed within 10 days after the preparation of the contract.