The contract of sale vehicle
Constantly changing legislation in the field of transport can be confusing to even an experienced lawyer, not to mention the people without special legal education. What to do and how to conclude the contract of purchase and sale of the vehicle to make the operation as safe as possible for yourself? Let’s dwell on the aspects of the conclusion of such transactions, consider all options contracts of sale of vehicles on any occasions.
How to draw up a contract of purchase and sale between individuals
According to many applicable laws and regulations, motor vehicles such as cars, trailers, motorcycles, scooters, ATVs and self-propelled vehicles are subject to state registration. If you change the owner of such vehicles, the law provides for certain mandatory procedures. Any other movable property does not require filling in any additional contracts or registration of the transaction at change of ownership. Improper preparation of sale and purchase contract of transport may lead to difficulties with re-registration.
A lot of people involved in the sale of motor vehicles, have the extra money in the form of rewards from the lawyers to whom they send their customers for completion of documents for various transactions with the car. Such consultations are paid, but not always justified by a real necessity. Here is a list of cases when you really should contact the lawyers:
- preparation of a contract of installment payments for the car (paid in installments);
- the contract the vehicle is returned to the former owner;
- obtaining a permit check-out on someone else’s car abroad of the Russian Federation;
- termination of the contract, the installment, lease or sale of the vehicle;
- the contract exchange (barter) of the vehicle;
- the design of various applications in DCT (contract of sale)
Consider the case when you buy a car from private owners. This is not always the unit with mileage. Sometimes sold new cars. For example, if the vehicle is initially registered to the person has the tax benefits, the alienation (sale, donation, exchange, etc) of the vehicle (the vehicle) more profitable to produce from such private owners and not from the dealership. In the case of transactions with an individual, you have to appropriately execute the contract of sale of the car, to the subsequent procedures to confirm ownership of this unit.
To facilitate the transaction between individuals there are standard contracts for the sale of vehicles. Such contracts can be used when there are no additional conditions:
- You see the vehicle in person.
- You have provided a document confirming the right of ownership – the vehicle passport (PTS) which looks like a pink card.
- The owner of the vehicle, according to the PTS – a physical person.
- You have searched the title, passport holder and found for photos, which is a person who sells cars.
- The license plate on the vehicle matches the license plate specified in the passport of the vehicle.
- The number of units of transport coincide with the same in the passport – it is necessary to write off these nodes for later inclusion in the contract.
- Vehicle color coincides with the color specified in the passport.
- Upgrades (e.g., installation of LPG) are listed in the TCP.
If there are no claims on the items from the list above, you can easily fill out a sales car without verifying the additional data, lawyers and sign a contract to TK, even without the participation of a notary. Official legislation of Russia provides for the possibility of even completely handwritten Treaty. One only has to ensure that the handwriting of the person constituting it was legible and understandable to both parties of the transaction.
Rules of registration
To protect yourself from unscrupulous sellers, you should when filling in the contract of sale of the vehicle to force the former owner of the car to fill the maximum number of clauses of the contract himself. This approach will give you an additional guarantee that the party will not give up their words and will not say that the car you have is on unlawful grounds. If the purchase is delayed in time, i.e. you pay the Deposit, its amount is always recorded in the Treaty text. Do not neglect this!
How much is
An important point in the agreement is to specify the price of the car. All the oral negotiations, correspondence and agreements about the cost of cars lose power as soon as you signed the contract. Standard contract for the sale of the vehicle contains two graphs, reflecting its value. First – the amount by which the contract parties appreciated the vehicle. Actually secured your agreement on price. The second is the money that the seller received for the goods from the buyer. That is money, including earnest money, security Deposit and other payments that were actually made.
The contract of purchase and sale of vehicle shall remain valid until completion of the contract. The agreement ends the transfer of the vehicle to the new owner. The contract must be printed in triplicate – one for each side of the transaction, plus one for your state body with the purpose of re-registration to the new owner. The agreement does not apply on the fate of the vehicle and does not affect the rights of seller and buyer.
In writing from the hand
In the current legislation there are no restrictions to contracts for the sale of vehicles was done in writing. Such a contract can act as a proxy that allows you unlimited time to operate the vehicle. This technique is widely used by motorists who do not want to spend a lot of time for re-registration and previous payments. Don’t miss your completed contract. To vehicle registration to the traffic police is the only document that enshrines your right of ownership.
Free download blank
Of standard form contracts save time, they need to make only part of the data by hand. In the network there are many templates in doc format, composed of lawyers of different levels. You do not need to know all the rules of drawing up of such acts, will only be enough answers to the questions in the appropriate places of the agreement of purchase and sale of the vehicle. Current at the end of 2015, the contract form must contain the following mandatory items:
- Name of persons — parties to the transaction;
- the address of registration and residence of buyer and seller;
- passport data (series, number, when, by whom issued);
- data about the car or another vehicle (the VIN number, year, body, chassis, color, etc.);
- registration documents to sell a vehicle (scooter, motorcycle, etc.);
- information about the cost of the vehicle;
- information about that the vehicle is not secured, the prisoner and is not subject to the decisions of the courts.
There are many online services in the network, earning – selling blank contracts related to the change in ownership of the car. For example, they sell such forms to fill in:
- the contract of sale of the vehicle;
- selling the vehicle;
- selling the vehicle;
- the contract of sale;
- sample contract of sale.
Despite this, the clean standard templates you can take in. doc format free to access. Features of filling them will be discussed below. To pay for them nothing, forms of contracts for all possible vehicles you can download free for easy the necessary changes yourself. A basic template you can download by clicking on the link below.
Download a template contract of sale car
The completed form of agreement will help you to understand how to arrange the sale of cars to buying a car passed as quickly as possible. Pay attention to the highlighted areas where you will need to register their data is available. The file below shows an example of a proper entry of information in the document. Be very careful and avoid mistakes when filling.
Form of contract of purchase and sale 2015
The contract form will help you with the least effort to write the required document promptly. Edit the form in Word, print from it also. If the form contains fields for which you have no data, for example the engine number or frame, just put dashes in these places. For correct transaction processing in the form must be printed out in three copies – one for buys and sells, and one for the traffic police (for state registration of the vehicle).
Buying and selling a car is a common operation, and has been compiled in most part from the contract. Please note that not all cars have the chassis number and engine. The relevant sections should be completed by a dash – do not leave no field blank in the contract. Cross out blanks, so that later it was not possible to append the signed form for more information.
Purchase agreement car is a very important document in the future, it will be the only confirmation you have carried out the transaction. Before you do the auto renewal, you must provide one copy of the contract for the traffic police to make the registration renewal and obtaining new license plate. If you already have previously purchased, you can register the car on them.
Cars with numbers
If you buy cars with numbers, you must make sure:
- Same model, color, brand, specified in the certificate of registration of the vehicle, the actual?
- The owner of the car, according to the certificate of registration is party to a contract (check document proving his identity)?
- Fabricated license plate, and if it has signs of tampering?
License plate light Assembly
For the conversion of your car you can buy number units, such as body, frame, engine. All of these elements can have their own serial number, is located in the standard places. If such conversion has occurred, you must provide the relevant documents (a certificate of completion from a licensed STO) in on the traffic police at the place of residence for relevant amendments in the registration certificate.
Trailers are standalone vehicles are subject to obligatory registration in bodies of GAI, so they are subject to all the rules of completion of the contract, which act on the car or number plate. Retrofitting trailers is allowed only with the subsequent certification in the state bodies. The absence of the opinion of a Commission is a violation of traffic rules and legislation.
At the conclusion of the contract on the purchase of a motorcycle should be aware that this unit does not have the numbers of the frame, body, chassis, and license plate it’s just one. The contract specifies the volume and index of engine, year of issue, passport details of the buyer and sells. Obligatory graph, where the seller’s own words should indicate the amount received from the sale of the bike, and put your signature.
The main difficulty at the conclusion of the contract of purchase and sale of the scooter occurs if the name is not translated into Russian or English. In this case, the registration becomes more complicated, because you will need a certified translator, whose services are paid separately. Under the current regulatory framework, the agreement permitted to provide information only in Cyrillic or Latin, the use of other languages (including characters) is not allowed.
Since 2005, mopeds are subject to obligatory registration in bodies of GAI, so if you change the vehicle owner is required to make the appropriate amendments in the state register. The contract of sale of a moped must include the passport details of the buyer and the seller with indication of address of residence, vehicle model, no engine, no frame, frame color, year of manufacture, information on the amount of the transaction and transfer of money.
Scooter classified as self-propelled machines and not allowed to travel on the roads of the Russian Federation. This technique is not subject to mandatory registration in the traffic police, but is certified in the Management Gostekhnadzor once, with the issuance of the passport of the device. Re-registration to the new owner required. Please note, many models of snowmobiles have a very small surface of the body, the color of which is recorded in the passport and contract. What kind of detail the inspector of the STS determines that the basis for the tones of the snowmobile is unknown.
Four-wheeled motorcycles, and snowmobiles, are not assigned to vehicles, so registration in the traffic police can not be, but their movement on the roads of the Russian Federation is permitted. At the conclusion of the contract of sale and purchase of the ATV listed: the frame number, the index engine and body data of the passport issued by the authorities of state technical control. Definitely fit the data of the transaction amount.
When buying a vehicle, you should consider that the contract details is only the main unit (e.g., tractors): its registration number, body, chassis, frame, engine, etc. All attached equipment (scrapers, harrows, lawn mowers, etc.) does not apply to machines, and if necessary, separate contracts were for the sale.
If the excavator is a separate machine and not the attachment to another self-propelled unit (e.g. tractor), the contract of sale specials. the vehicle is for the whole device. Wheel vehicle subject to registration in the traffic police, because you go on the road of the Russian Federation, crawler – do not require such a procedure. Upon completion of the contract specify the VIN number, the index of engine, chassis and bodywork, the registration certificate from the Gostekhnadzor of registration of this special equipment.
If the owner of the car owns it by proxy, then in addition to the contract entered information about her: series, number, validity period and when issued. Be sure to learn the of attorney, there should be a line that the person to whom it is issued has the right to dispose of the property. This document is subject to mandatory notarization.
The legal entity
If one or both parties to the agreement – not physical but legal persons should indicate additional data. Full name, individual tax number, the code EDRPOU, Bank account, and who is the representative Jur. person (Director) that is required attributes. The contract specifies the legal and actual addresses of the parties to the transaction.
Rescission of a contract
To make a contract for the sale of the vehicle may be ruled invalid only for filing a claim in court. You need to specify the reasons why you consider the contract illegal. The division of property one party often tries to sell car, motorcycle, moped, or other vehicles, to avoid their implementation through the court. Rescission of a contract is the only way that will help you to protect your property rights.
Selling cars when there is a prohibition of the court’s decision, however, remains possible, however, the re-registration to the new owner becomes unrealistic, because in the database of GAI paid the appropriate status change. Before you arrange the sale, the seller must provide information confirming that the car is not under the effects of a court decision and it is not subject to arrest.
Video about drawing up a contract of sale
In the video below you’ll get recommendations of experienced lawyers concerning filling of forms of contracts of purchase and sale of cars. Step-by-step instructions with explanation of each stage, the necessity of those or other records will help you navigate and understand what the consequences would be in case of ignoring of requirements of the current legislation in this area. After watching the videos, you will learn how to re-register the car yourself without spending money on labor lawyer.