Constantly changing transport legislation can confuse even an experienced lawyer, not to mention people without special legal education. What to do and how to competently conclude a contract for the sale of vehicles in order to make the operation as safe as possible for themselves? Let's dwell in detail on the aspects of concluding such agreements, we will consider all possible options for contracts of sale of transport for any cases.
How to draw up a sales contract between individuals
According to many current regulations, motor vehicles such as cars, trailers, motorcycles, scooters, ATVs and self-propelled vehicles are subject to state registration. When changing the owner of such vehicles, the law provides for a number of mandatory procedures. Any other movable property does not need to fill in additional contracts or register a transaction when the owner changes. Wrong drawing up of the contract of sale of transport can entail difficulties with its re-registration.
A lot of people involved in the sale of vehicles have additional earnings in the form of fees from lawyers, to which they send their customers for processing documents for various operations with cars. Such consultations are fee-based, but this is not always justified by a real need. Here is a list of cases when it's really worth calling to lawyers:
- drawing up a contract for payment by installments for a car( payment by shares);
- car return contract still owner;
- registration of permission to travel on someone else's car across the border of the Russian Federation;
- cancellation of the contract of installments, rental or purchase of a car;
- car exchange contract( barter);
- registration of various applications to the DCT( sales contract)
Consider the case when you buy a car from a private trader. It is not always an aggregate with mileage. Sometimes new cars are sold. For example, if a car is initially registered for a person who has tax privileges, then the alienation( sale, donation, exchange, etc.) of the vehicle( vehicle) is more profitable to produce from such a private person, rather than from a car dealership. In the case of a transaction with an individual, you will have to properly formalize the contract for the purchase of a car, in order to confirm the ownership of the unit in subsequent procedures.
Model
To facilitate the processing of a transaction between individuals, there are typical 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 been provided with a document proving ownership - a vehicle passport( PTS), which looks like a pink card.
- The owner of the vehicle, according to the TCP, is an individual.
- You have seen the PTA, the owner's passport and made sure by photo that this is the person who sells the car.
- The license plate number on the vehicle is the same as the license plate number in the vehicle's passport.
- The numbers of aggregates on transport coincide with those in the passport - it is necessary to write off these nodes for further entering into the contract.
- The vehicle color is the same as the color specified in the passport.
- Modernization( for example, installation of HBO) is indicated in the PTA.
In the absence of claims on the items from the list above, you can safely fill out the sales form without asking for additional information from lawyers and conclude a contract for the vehicle even without the participation of a notary. The official legislation of Russia provides for the possibility of an entirely hand-written drafting of the treaty. It is only necessary to ensure that the handwriting of the person making it is legible and understandable to both parties to the transaction.
Design rules
To protect yourself from unscrupulous sellers, you should make the former car owner fill the maximum number of contract points with his own hand when filling out a vehicle purchase contract. This approach will give you an additional guarantee that the selling side will not give up its words, and will not claim that the car you have is on illegal grounds. If the purchase is postponed in time, i.e.you deposit a deposit, then its amount is necessarily prescribed in the text of the contract. Do not neglect it!
How much does the
? An important point in the contract is the price of the car. All oral negotiations, correspondence and arrangements regarding the cost of the car become invalid as soon as you sign the contract. A typical contract for the sale of a vehicle contains, two columns, reflecting its value. The first is the amount by which the parties to the contract have assessed the TS.Your agreement on price is actually fixed. The second is money that the seller received for the goods on hand from the buyer. Those.money, including deposit, deposit and other payments, which were actually paid.
Action by
Vehicle purchase and sale contracts are valid until the conclusion of the concluded contract. The transaction ends with the transfer of the vehicle to the new owner. The contract must be printed in triplicate - one for each party to the agreement, plus one for the accounting government body with the purpose of re-registration to the new owner. The validity of the contract does not extend to the further fate of the vehicle and does not affect the rights of the seller and the buyer in any way.
In writing by
In the current legislation, there is no restriction that contracts for the sale of vehicles are executed by hand in writing. Such a contract can act as a power of attorney, allowing you unlimited time to operate the vehicle. This technique is actively used by car enthusiasts who do not want to spend a lot of time on re-registration and preliminary payments. Do not lose the filled contract. Before registering a vehicle for the traffic police - this is the only document that secures your ownership.
Download free form
Forms of typical contracts save time, they need to make only a part of the data by hand. The network has many templates in the doc format, drawn up by lawyers of various levels. At the same time, you do not need to know all the rules for drawing up such acts, only answers to questions in the required places of the contract of sale of the vehicle will suffice. Actual at the end of 2017, the contract form must contain the mandatory items:
- Full name of the parties to the transaction;
- addresses of residence and residence of the buyer and the seller;
- passport data( series, number, when, by whom issued);
- data about the car or other vehicle( VIN number, year of manufacture, body, chassis, color, etc.);
- registration documents for the car being sold( scooter, motorcycle, etc.);
- information about the cost of the vehicle;
- information that the car is not pledged, arrested and not subject to court decisions.
There are many online services on the net, the earnings of which are the sale of forms of contracts related to changes in the ownership of cars. For example, they sell such forms for filling:
- car sales contract;
- vehicle sale;
- sale of the vehicle;
- sales agreement of the vehicle;
- sample of the contract of sale.
Despite this, you can take clean standard templates in the doc format freely available. Features of their filling will be considered below. You do not need to pay for them, contract forms for all possible vehicles you can download free of charge for easy making necessary changes yourself. The basic template you can download by clicking on the link below.
Download vehicle purchase contract template
Sample filling
A completed agreement form will help you understand how to make a sale of a car so that the purchase of a car is as quick as possible. Pay attention to underlined areas, where you will need to register your own data instead of existing ones. The file below shows an example of correctly entering information into a document. Be extremely careful and do not make mistakes when filling out.
Form of contract of sale 2015
The form of the contract will help you with the least efforts to write the necessary document for the shortest period. Edit the form is most convenient in the Microsoft Word program, print out of it as well. If there are fields in the form for which you do not have data, for example, engine or frame number, just put dashes in these places. To properly complete the transaction, the form must be printed in triplicate - one for the buyer and the seller and one for the traffic police( for the subsequent state registration of the vehicle).
Vehicle
Buying and selling a car is a common deal, for which the contract was mostly drawn up. Note that not all cars have a chassis and engine number. Corresponding sections should be filled with a dash - do not leave any field blank in the contract. Cross out the empty boxes, so that later it was not possible to add additional data to the signed form.
The car purchase agreement is a very important document, in the future it will be the only confirmation of the transaction you have made. Before you make a re-registration of the car, you must provide one copy of the contract for the traffic police to make a re-registration and obtain a new license plate. If you already have previously purchased numbers, you can register a car for them.
Passenger cars with numbers
In case of buying a car with numbers, be sure to check:
- Does the model, color, brand specified in the certificate of registration of the vehicle match with the actual ones?
- The owner of the car, according to the certificate of registration - this is the seller of the contract( check the document proving his identity)?
- Does the factory manufacture the license plate, and does it show signs of tampering?
Numbering unit
To convert your car you can purchase numbered units, for example, body, frame, engine. All these elements can have their own serial number located in the regular places. If such conversion has occurred, you need to provide the relevant documents( the certificate of work performed from the licensed SRT) to the traffic police body at the place of residence for making appropriate changes in the technical passport.
Trailer
Trailers are separate vehicles, are subject to compulsory registration in the traffic police, so they apply to all the rules of filling the contract, acting on cars or numbered units. Re-equipment of trailers is allowed only with subsequent certification in state bodies. Absence of the conclusion of the relevant commission is a violation of the SDA and the current legislation.
Motorcycle
When concluding a contract for the purchase of a motorcycle, it should be borne in mind that this unit does not have a frame number, body, chassis, and only one license plate. The contract specifies the volume and index of the engine, year of manufacture, passport data of the buyer and the seller. Mandatory count, where the seller in his own words must specify the amount received from the sale of the motorcycle, and sign.
Scooter
The main difficulty in concluding a contract of sale of a scooter arises if its name is not translated into Russian or English. In this case, registration becomes more complicated, because you need a certified specialist-translator, whose services are paid separately. According to the current regulatory framework, the contract is allowed to enter information only in Cyrillic or Latin, the use of other languages (including hieroglyphs) is not allowed.
Moped
Since 2005, mopeds are subject to compulsory registration in the bodies of the State Traffic Safety Inspectorate, therefore, when the owner of the vehicle is replaced, appropriate changes to the state register are required. The contract of sale of the moped necessarily includes the passport data of the buyer and the seller with the address of the registration, model TC, engine number, frame number, color, year of release, information on the amount of the transaction and the transfer of money.
Snowmobile
Snowman is classified as a self-propelled machine and is not allowed to move along the roads of the Russian Federation. Such equipment is not subject to compulsory registration in the State Traffic Safety Inspectorate, but it is certified in the Administration of Gostehnadzor once, with the issuance of the passport of the device. Re-registration with a new owner is optional. Pay attention, many models of snowmobiles have a very small surface of the "body", the color of which is recorded in the passport and contract. What detail inspector Gostehnadzor takes as the basis for the tone of the entire snowmobile - is unknown.
Quad bike
Four-wheel motorcycles, like snowmobiles, are not assigned to vehicles, therefore registration in the traffic police is not liable, but their movement along the roads of the Russian Federation is allowed. When concluding a contract for the purchase of ATV, the following is indicated: frame number, engine and body index, passport details issued by the Gostehnadzor bodies. The data on the amount of the transaction must be entered.
Self-propelled machine
When buying a self-propelled machine, it should be noted that the contract specifies only the data of the main unit( for example, a tractor): its registration number, body, chassis, frame, engine, etc. All attachments( scrapers, harrows, lawn mowers, etc.) do not belong to the machine, and separate purchase and sale agreements are concluded on it, if necessary.
Excavator
If the excavator is a separate machine, rather than attachments to another self-propelled unit( for example, to a tractor), the contract of sale of specials. The vehicle is for the whole device. Wheeled vehicles are subject to compulsory registration of traffic police, tk.go to the roads of the Russian Federation, caterpillar - do not need such a procedure. When filling out the contract, the VIN number, the engine index, the chassis and body, the technical passport data from Gostehnadzor on registration of this special equipment are indicated.
By proxy
If the owner of the car owns it on the basis of a power of attorney, in addition to the contract information about her: series, number, validity and when issued. Be sure to study the power of attorney, there should be a line stating that the person to whom it is written out has the right to alienate this property. Such a document is subject to mandatory notarization.
Legal entities
If one or both parties to the contract are not natural persons but legal entities, additional data should be indicated. Full name, individual tax number, OKPO code, current account, as well as who is the representative of legal entities.persons( director) are obligatory attributes. The agreement specifies the legal and actual addresses of the parties to the agreement.
Recognition of the contract as invalid
It is possible to make a contract for the sale of a vehicle invalid only by filing a claim with the court. It is necessary to indicate the reasons why you consider the drawing up of a contract illegal. When the property is divided, one of the parties often tries to sell a car, motorcycle, moped or other vehicles to avoid their sale through the court. Recognizing a contract as invalid is the only way to protect your property rights.
Sale of cars in the presence of a prohibitive decision of the court is still possible, but re-registration with a new owner becomes unrealistic.a corresponding change in status is made to the GIBDD database. Before you make a sale, the seller must provide you with information confirming that the car is not under the influence of a court decision and is not subject to arrest.
Video about drawing up a sales contract for TS
In the video below you will receive the recommendations of experienced lawyers about filling out the forms of contracts for the purchase of cars. Step-by-step instructions explaining each stage, the need for certain records will help you navigate and understand what consequences occur in case of ignoring the requirements of the current legislation in this area. After watching the videos, you will learn how to re-arrange the car yourself, without spending money to pay for a lawyer.