Most car owners at least once decided to sell the car. In this situation, in addition to the need to find a suitable buyer, the question arises of the legal execution of the transaction, including what documents are needed to sell the car.
How to carry out the sale in accordance with the requirements of the law? What documentation is required for the sale of a car and how to draw up a contract correctly?
Algorithm for the sale of vehicles to an individual.
To transfer the property to another person, you need:
- Collect and prepare documents for the sale of a car.
- Enter new data in the data sheet. Entries are confirmed by the signatures of the parties indicating the date of signing.
- The buyer should contact the traffic police to register the car in his name.
In accordance with the Order of the Ministry of Internal Affairs of Russia dated August 7, 2013 No. 605, a car with numbers is currently being sold, unless the seller has special wishes to keep the numbers for himself. In practice, this means that when the owner changes, it is not necessary to change the numbers. This innovation relieves the buyer of the obligation to pay a fee for registration marks.
In addition, the Order made the following changes:
- There was no need to remove the car from the register and issue transit numbers before selling.
- Certification of the contract of sale by a notary has become optional.
- It became possible to register the car regardless of the address of registration. At the same time, numbers of the region in which the applicant is permanently registered are issued.
Thus, a car seller in 2020 may not appear at all in the traffic police. The exception is when the former owner wants to keep the old numbers. In this situation, the traffic police will issue new registration plates for the car being sold, and leave the old ones with the applicant for up to 180 days.
Often, sellers have a question about what will happen if the new owner does not register the vehicle in his name within 10 days. In this case, according to the new regulation, the former owner has the right to terminate the registration by submitting an appropriate application to the traffic police.
Documents required for the transaction.
The answer to the question of what documents are issued when selling a car is the following list:
- Documents proving the identity of the buyer and seller.
- Documentation for transport (PTS, registration certificate, OSAGO, certificate of registration).
- Purchase and sale agreement.
How to draw up a contract?
An agreement under which a machine is transferred into the ownership of another person can be executed in a simple writing or verbally. In the second case, a joint appearance of the seller and the buyer in the traffic police is necessary. At the request of the parties, the agreement can be certified by a notary, however, this will entail additional costs.
Documents when selling a car to an individual made in accordance with the requirements of the law. The contract of sale requires that the data be filled in with ink of the same color - blue or black. The agreement is drawn up in 3 copies: 2 - to the buyer, 1 - to the seller.
The contract must reflect:
- Place and date of signing the contract.
- Information about the parties to the transaction, including details of passports.
- Details of the number and registration certificate of the car.
- vehicle characteristics.
- Car cost.
- List of documents transferred to the buyer.
The agreement is sealed by a resolution of the parties indicating the date of signing.
You can generate an agreement according to your data on the website http://gai.ru/registration/autosale/, or download a standard agreement from the link at the end of this article, print it out and fill it out manually.
Video: We fill out the contract for the sale of a car correctly
What should the buyer receive upon completion of the transaction?
Many car owners are concerned about what documents are transferred to the buyer. The new owner of the car has the right to receive from the seller:
- PTS (technical equipment passport), on the pages of which information about the change of owner is reflected.
- Technical inspection coupon or diagnostic card.
- Vehicle registration certificate.
- Insurance policy with changes regarding the owner. When the policy expires, insurance for a new period can be paid by the buyer.
- Copies of receipts confirming the fulfillment of the obligation to pay fees, taxes and fines.
- A certificate from a financial institution stating that the loan has been fully repaid if the car is credit.
- A copy of the general power of attorney when the sale is carried out by a trustee.
Together with the documentation, the keys to the car are handed over. The buyer, in turn, transfers the amount indicated in the contract to the seller.
How an organization sells a car to an individual
Today, many motorists are wondering: “How can an organization sell a car to an individual?” Because this process is somewhat different from the usual sale and purchase transaction between two individuals.
Regarding the difficulties, it can be confidently stated that the sale of a car by an organization to an individual will mainly be difficult for a legal entity. And the thing is that when an LLC sells a car to an individual, it is necessary to properly execute such a sale and at the same time fully comply with all the nuances and subtleties provided for by law.
So, in order to sell a car by an organization to an individual, it is necessary to have a sales contract, as well as an acceptance certificate or an invoice. The first step is to draw up a contract of sale, which can be done both on a special form and in simple written form. If an organization sells a car to an individual, then the contract must contain all the details of the individual (address of residence, passport details) and details of the company itself. After the contract, you will have to prepare an invoice or an act of acceptance and transfer of the vehicle.
It should be emphasized that when an LLC sells a car to an individual, the buyer must pay through the cash desk of the organization, and in return for the money, the cashier is obliged to issue a receipt order stub, which must contain the organization's seal. Then you can proceed to the signing of the act of acceptance and transfer of the car, with the obligatory indication of its technical characteristics, as well as shortcomings.
In the event that an organization does not have a cashier, an accountant can perform his function, that is, he must accept money from the buyer and give him a spine. With all this, the accountant also needs to indicate the amount received for the vehicle as net profit in the reporting period.
When an organization sells a car to an individual, the buyer can also transfer money to the organization’s current account through a bank using a PD-4 receipt. Please note that this receipt must clearly indicate from whom and to whom the money is transferred, the number of the contract for the sale of the car and the purpose of the payment. It is worth saying that this method of transferring money for a car is the only possible one in the case when the organization is not able to issue a cash receipt or when it does not have a cash register for some reason.
How can an organization sell a car to an individual if this is one of the leaders of this organization or its director? In this case, you will have to confirm the fact of the cost of the car with a special act issued by an independent appraiser. The problem is that both parties to the transaction in this case are considered mutually beneficial persons, that is, the organization can be fined during the check. In this situation, money can be cleared from the account of the head or director to the current account of the organization, that is, the legal entity.
Having signed all the above documents, the representative of the organization is obliged to deregister the car with the traffic police, after which the new owner registers the car for himself. The seller representing a legal entity must have all the documents for the vehicle, including a general power of attorney from the director of the LLC and an identity document.
Both ordinary citizens and organizations can act as a seller of a vehicle, while selling a car to an individual legal entity in 2020 will be little different. However, there are some nuances that must be taken into account when making a transaction.
Purchasing a car from an organization is far from always safe for the buyer, since one has to take into account the peculiarities of the alienation of property that was on the balance sheet of a legal entity. As with buying from ordinary citizens, precautions must be taken.
Practice shows that unforeseen difficulties in the preparation of documents often arise if a legal entity acts as a selling participant. As a rule, the main part of the problems does not arise at the time of the transaction, but much later.
Differences between transactions of individuals and legal entities
The algorithm of actions in the case of the sale of a car by a legal entity and an individual is practically the same:
- The basis for the sale is a sale and purchase agreement filled out with all the details of the parties, taking into account the requirements for legally significant documents of organizations (signature of the head or his authorized person, stamping).
- The sale and purchase is made with the obligatory signing of the acceptance certificate and the transfer of all documents and keys to the car.
- The car is deregistered at the traffic police department and registered as a civilian.
- The transfer of funds occurs both non-cash and in cash, with the issuance of a receipt for receipt.
And yet there are some points that must be taken into account even before the purchase document is signed and the funds are transferred to the seller. We are talking about the need to check the legal purity of the transaction itself, as well as checking the reliability of the enterprise.
Dangers when working with legal entities
The audit of the organization should begin with the identification of possible problems associated with the cancellation of the PrEP subsequently.
In preparation for the deal, you need to find out:
- What is the financial position of the selling company, are there outstanding obligations, debts. The organization is liable within the framework of its activities with an asset, including fixed assets on the balance sheet. The car will refer to the funds that are taken into account in the first place when settling with the organization's creditors.
Important! If the car was sold by an organization to which serious financial claims were made by creditors, the transaction may be challenged if there are some discrepancies in the execution of documents from the rules established by law.
- There are situations when an organization sells a car to an individual, offering to conclude a contract with an indication of a lower amount for the transaction. Despite the fact that the whole procedure is carried out in accordance with the established rules, the citizen is involved in a fraudulent scheme: the enterprise (or trustee) earns a large amount from the sale, reporting to the supervisory authorities for less income, and accordingly paying less taxes on income.
The transaction itself will be high-risk if the company that sold the vehicle is questionable from the point of view of law enforcement. To avoid court proceedings, financial penalties and even legal prosecution, you should check the future participant in the transaction in advance.
Security measures
- As a basic check, request an extract from the Unified State Register of Legal Entities.
- To break through a legal entity through public information resources in order to find out its business reputation.
- Check information about the existence of tax claims by the fiscal authority (on the portal of the Federal Tax Service of the Russian Federation) and the legal entity's belonging to one-day firms.
- Use online resources to find out if any recent registration changes have been made that may adversely affect a future transaction.
- Check for the fact of bankruptcy of the enterprise and the presence of enforcement proceedings and arbitration claims.
Documents for the deal
As in the case of making a purchase with an individual, the main package of documentation is being prepared:
- registration certificate for a car, PTS;
- documents proving the identity of the parties to the transaction;
- when registering a sale not by the head of the company, but by his authorized person, a power of attorney to perform these actions will also be required;
- contract of sale;
- acceptance certificate;
- order of the organization giving the right to sell the vehicle;
- valuation report on the value of the car;
- power of attorney for an authorized person.
The following requirements are imposed on the execution of an agreement between legal entities and ordinary citizens:
- The fields where the seller is indicated must contain all the details of the current owner, including the full name of the organization, its details (TIN), legal address and other contact information.
- Unlike legal. persons, individuals do not put any seals under their signature on a document, while a seal is necessary for an organization.
- If the document is not signed by the head, information about the document giving the right to another employee to conclude such a transaction, as well as information from the civil passport of the representative of the legal entity, must be indicated. faces.
- The DCT will be valid if the date of its signing is indicated.
It is especially necessary to check the power of attorney for compliance with legal requirements, if all actions are not performed by CEO firms:
- It must be notarized, on the form.
- Handwritten power of attorney is not accepted.
- A simple handwritten power of attorney is unacceptable in transactions involving the alienation of the property of an enterprise. At any time, the director can change his mind and cancel the sale.
For security reasons, do not use document abbreviations or simplified language. Understating the amount in the contract is categorically unacceptable - in addition to legal prosecution, the buyer risks losing the car, and the amount returned will be less than the amount actually paid earlier.
If the document is signed by power of attorney, the contract must contain a link where information about the notarized form of the power of attorney is entered.
To exclude possible claims and doubts about setting the correct transaction price will allow the presence of an opinion from an independent expert regarding the real cost of the purchased car.
Despite the common opinion about the security of a transaction with a legal entity. face, cases of fraud among legal entities, as well as situations with their bankruptcy, abound. In order to safely conduct a transaction with maximum benefit for yourself, the buyer should thoroughly study the documents about the seller, his reputation, as well as the paperwork for the car being bought.