Under the contract of sale, the buyer undertakes to transfer the object of the contract (vehicle) to the buyer. The buyer undertakes to accept the car and pay the specified amount of money for it. The sales contract is concluded strictly in writing and is obligatory in the presence of both parties. The transaction is executed upon signing the contract and other necessary documents. That is, at the time of signing the sales contract, the ownership of the car passes to the buyer.
It is necessary
For the seller: passport and title. For the buyer: passport. Other documents may also be required
Instructions
Step 1
Features of registration of purchase and sale of a car.
The purchase and sale agreement must contain a detailed description of the object of the transaction and information about all its participants.
The contract can be drawn up with or without an intermediary. The functions of an intermediary are legal assistance, fixing the fact of the transaction and the fulfillment by the parties of their obligations under the contract. After the transaction is completed, the intermediary keeps the originals of all documents confirming the execution of the transaction. Therefore, the services of intermediaries are resorted to to prevent the occurrence of unpleasant surprises after the sale of a car.
If there is no need for an intermediary, the sales contract is drawn up without him. However, experience shows that this is not understood by the traffic police inspectors who register the car. Moreover, they often require the personal presence of the seller when registering.
Step 2
Documents required for the execution of the contract.
To draw up a contract for the sale and purchase of a car, you need: Title of registration with the traffic police mark on the removal of the car from the register for its sale or alienation, as well as the passport of the seller and buyer
If the seller is not the owner of the vehicle (not included in the TCP), a general power of attorney from the owner of the vehicle with the right to sell it is required to complete the contract.
If the buyer does not want to become the owner of the car and be entered into the TCP, the contract should be drawn up with a power of attorney for the purchase of a car from the proposed new owner of this vehicle.
All of the above documents are relevant when concluding a purchase and sale agreement between individuals. For legal entities selling or purchasing a car, a power of attorney of the company (organization) is required for the right to carry out transactions with the car. This document must be certified by the signature of the head of the enterprise and the seal of this organization.
Step 3
Notarial certification.
According to the law, the sales contract does not require certification by a notary. However, if you need to be on the safe side, it makes sense to contact a notary. In this case, it will be difficult for an unscrupulous seller or buyer to appeal the purchase agreement in court.
For the notarization of the purchase and sale agreement, you will need the following documents:
- documents proving the identity of the participants in the transaction;
- documents confirming the seller's ownership of the sold car;
- TCP;
- vehicle appraisal report.
The latter document can be obtained from the vehicle service provider or the judicial office of the justice authorities.
Step 4
In the contract, you can specify any amount for the sale of a car, agreed between the buyer and the seller.
If the seller has owned a vehicle for no more than 3 years and can document the purchase price of this vehicle, it is beneficial for him to indicate in the contract an amount that does not exceed the purchase price of the vehicle. This is necessary to legally reduce tax payments. If the seller cannot provide a document confirming the purchase price, it is recommended to indicate an amount of no more than 125,000 rubles. In this case, tax is paid on an amount exceeding RUB 125,000.
If the seller has owned the car for more than three years, no tax is levied and the contract indicates the actual amount of the transaction.
