Car redemption contract typical form. Lease agreement with car redemption right: sample and design nuances. How to make a rental agreement with redemption

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We constantly hear about loans and installments, but little is aware of another one favorable variant Use the car with the prospect of becoming its owner in the absence of the full amount for the purchase. This method is a car rental with redemption right, an interesting legal design. What is it needed, what disadvantages and underwater moments in ourselves, what differs from the loan and ordinary rental legal relations? The answer to these questions should know every motorist.

This particular number of rental gives parties the opportunity to use the car, pay for use, then at the time of the expiration (or making a certain amount of money), become the owner. This unusual design allows you to use the vehicle without possessing funds to the purchase, at the same time be able to observe all the conditions, to become a full owner.

The Civil Code of the Russian Federation defines a classic lease agreement in the form of transferring property to the Lessor to the temporary possession and use of the tenant, subject to the corresponding duty of the latter to pay payments in a timely manner. The owner retains his property that is returned to the landlord. If a lease agreement has been signed with the right of subsequent redemption, then upon completion (or the payment of the specified amount of redemption price) is replaced by the owner. The tenant is transformed into the legal owner vehicle.

The entire term of the contract is submitted in addition to the rent, the price, which is called redemption. This price is determined by the parties in one of two ways:

total amount of all rental payments; Separately agreed;
a clearly defined amount paid over lease payments.

It is important that the usual rent is easily transformed into a car rental followed by redemption, provided that the parties came to this agreement, amounted to and signed an additional agreement. Then the previously paid rent will be asleep as a redemption price.

Main differences from a simple vehicle lease agreement

Rent a car with redemption right - subspecies rental. It is the sum of contracts for sale and lease. Determined next differences:

the tenant is transformed into the owner of the contract object (required to fulfill the last of all provisions of the contract);
in addition to rental payments, the tenant pays to the landlord redemption;
includes elements of a purchase and sale agreement.

Obviously, contracts are characterized by their goal. If the main task of the counterparties of the usual treaty is:

temporary use of the car subject to the obligatory return of the owner (for the tenant);
receiving rental payments with the return of property (for the landlord).

The purpose of the lease agreement with redemption is not limited to receiving a car to use. First of all, this acquisition of its (tenant) and car sale (for the owner).

Rent a car with the subsequent ransom - the structure, the essence of which is the merger of two contracts - purchase and sale and lease. It is guided by two principles:

the landlord passes the car for the use of deadlines for the sides, and the tenant makes a rent;
the tenant becomes the owner of the car, and changes the owners.

The change of owners occurs only if the redemption price is paid. Persons agree, the redemption price is included in rental payments or contributed over payments. The ownership earlier only in coordination of the parties.

Who is the contract?

The parties are referred to as a tenant and landlord. The authority of the tenant is transparent, do not bear risks, the exception is the facialism of the face. The right-wing of the landlord must be checked thoroughly. Provide the transport of the transport is the right only the owner. Only he is managed to dispose of property, namely to sell. This is a very significant moment when signing the rental contracts with the right of subsequent redemption. If the landlord is inappropriate, the transfer of law will be invalid, and the car will be returned to the legal owner. It is necessary to check all the right to confirm the documents on the car (the passport of the vehicle, the registration document of the vehicle), the power of attorney (if the person speaks by proxy). The gullibility can be too expensive.

Services in the rental market with the right of redemption offer physicists, entrepreneurs and legal entities (companies). Turning to the company, you should learn about its reputation, check out the statement from the register.

The contract is in the form of a similar agreement for the sale of property. Therefore, the specified agreement conclude in simple writing. Requires the contract not required by the notary. Counterparties should specify significant conditions, otherwise the contract is considered not shut-off. Significant conditions are:

the subject of the contract (the car needs to determine exactly, the brand, model, main qualities) should be specified;
the size of redemption cost.

Other conditions are prescribed voluntarily, the power of the contract does not depend on them, but it is recommended to include:

who is obligatory on the current repair (remember that usually, this is the obligation of the tenant, but it can be provided otherwise);
the procedure and deadlines for making payments;
the procedure for making a redecree price;
responsibility of the parties;
the order of early termination of the contract
formulation of the transition of the transfer of ownership;
the possibility / impossibility of paying a redemption price, the transition of ownership is ahead of time.

Lease agreement with the subsequent purchase of a car Sample must be studied in detail, make analysis, make clarifications.

Features of the lease agreement with the right to buy a car

The main thing is to remember that the right of redemption should be clearly prescribed in the text. Otherwise, the court interprets the contract as a classical rent, the tenant will not enter into a property, the rent takes place as a fee for the use of the car and will not be subject to refund.

The following main nuances of the contract can be distinguished:

throughout the term of the contract, the owner of the car is the landlord;
insurance costs overhaul, Pay transport tax fall on the shoulders of the owner (that is, the landlord);
at the end of the term of the contract or when the redemption price is made, the owner is replaced;
to enter into ownership, you need to go through the re-registration procedure in the traffic police.

Rent a car with the right of redemption is often found in motorist taxi drivers. Why are taxi drivers more and more often resort to this contract? The specified scheme has several advantages:

easy in design (no need to certificate about income, the initial contribution (this requirement is required when buying in installments and on credit);
the driver can use taxi for personal purposes;
the machine is adapted to work in a taxi, has specialization;
insurance costs, overhaul carries the landlord;
subsequent purchase of a car in ownership.

The landlord receives a number of bonuses from the transaction:

timely payment under the contract;
more careful attitude towards the car, as the driver knows what will be the owner;
phased renewal of car park.

Conclusion

The car rental agreement with the right of redemption is a good option to enjoy the car, without becoming obliged to the bank, without overpaying interest on the loan. However, remember due diligence when choosing a landlord, you need to carefully check whether it is the owner of the car. Observing our uncomplicated recommendations, soon the reader will be able to become a happy owner of the car.

Acquisition of a car with the introduction of the entire required amount can afford not all. It is for this reason that auto loans are widely popular today. Although such an option is also not suitable for everyone, since an initial contribution and a positive credit history are needed to obtain car loan. And here optimal option can be the rental car with the possibility of buying it in the future. Today we will tell about the peculiarities of the design of this contract and provide a sample lease agreement with the right to buy a car, which you can use if necessary.

Total moments

Rent a car with the possibility of her repurchase - the service is relatively new on the domestic market. She is provided to conventional citizens and is an analogue of leasing. The essence of the service is that a person enjoys a vehicle for rental rights, but in the following will be able to receive him in his property. Today it provides private landlords and companies.

Rent a car with redemption is an excellent alternative to the car loan.

Main differences in services

First you need to consider than the car rental agreement differs from other transactions with the vehicle.

Leasing - The transaction in which 3 sides are involved:

the leaser, which can only be the organization;
the lessee is a party acquiring the right to operate a motor vehicle;
transport seller.

In this embodiment the tool is purchased by the lessor for subsequent transmission of it for rent.. Usually in such a deal, the lessee can count on all sorts of bonuses and additional preferences from the transmitting side. When renting a car, it is practically not found. An exceptionally new vehicle is an exceptionally new vehicle.

Key differences in auto loan and lease:

during the entire lease period, transport remains owned by the lessor, and the tenant will be able to become his legal owner only after the payment of the car is fully;
legal registration of the Rental Treaty does not imply the need to confirm the financial consistency and provide a certificate of employment - when decorated, a civil passport is needed and driver's license (Sometimes a passport or INN may be required).

During the term of the rental contract, the auto remains in the property of the landlord

As for the car rental transaction, the object can become both new and having a mileage of the vehicle. The transaction participates 2 parties - Landlord and Tenant. As a landlord may be ordinary citizens and organizations.

Essence of car rental

The landlord passes the Tenant vehicle for a specific period of time.. Parties sign the appropriate agreement. After the end of the rental period, the tenant has the right to redeem the vehicle, becoming its legal owner.

The transfer of property rights is usually negotiated at the time of the contract And implies additional payment - the residual cost of the car at the end of the Rental Agreement. We emphasize that the tenant will not be able to return these funds, if you change my mind to redeem the car, because they will go on payment of the operation of the car.

The undisputed advantage of the lease can be called the fact that the vehicle literally immediately moves to the tenant, and it will become gradually paid for it.

Planning to rent a car with the right of his further redemption, the driver will need to make the first installment. Its size can be up to 30%, but usually it is lower than the auto loan is offered. For several months, the tenant will contribute from 5 to 10% of the car price, and after 6-12 months to pay the remaining part at the calculation of the market value.

When renting a car rental with redemption, you will need to make an initial contribution to 30%

Recently, many indicate the daily rental cost. Thus, it is convenient to calculate monthly operating costs. This figure also depends on many factors, for example, class car.

Benefits

Rent a vehicle has a number of other important advantages that cannot be said about. These include the following points.:

The driver has the opportunity to choose a car not only from those that are available at the lessor. Any car can be purchased upon request of the client. After that, a lease agreement is signed. In such a situation, the first installment will be up to 30% of the price of the car.
The tenant will not need to pay taxes - this duty is fully assigned not to the direction transmitting a vehicle for rent (landlord / car owner).
It is allowed to renew the contract and choosing another car. The amount of money will be fully transferred to another car.
The ability to agree on the payment schedule is monthly, on weekly, etc.
When making a rental contract, the driver does not need to show his ki. Although the landlord company has the right to request an inspection to make sure that the tenant is not an attacker. But, as a rule, the landlords do not require the provision of KI, and therefore the tenant can be not only a private person, but also companies, as well as entrepreneurs who have unlocked credit relations (in such a situation, it is hardly possible to arrange a car loan in a bank).
The landlord checks only the registration (it should be in the region of registration of the Rental Treaty) and the driver's experience.
When renting a car, much less risks arise. Taking credit in the bank, you must return it, regardless of the circumstances. In the case of a rental, the situation looks somewhat different - the motorist has the ability to return the car, if it is no longer able to pay for it.
All issues related to the design, registration, repair, passing, are usually solved by the landlord.
When the insured event occurs, all formalities also solves the landlord.

When renting a car with redemption, you will not need to confirm the credit history

disadvantages

Throughout the entire period of the Rental Treatment Agreement, the TC will be owned by the Lessor. The driver will not be able to change anything in the car and establish all sorts of add. equipment.
The amount of rental payments usually includes car depreciation (+ almost all landlords include taxes here). Because of this, the final cost of the car increases.
Be sure to issue OSAGO and CASCO. But, as a rule, the tenant has the opportunity to choose a payment scheme - immediately pay both insurance or divide their cost to equal parts and add to submitted payments.

Conditions

When planning to arrange a lease for a car with its subsequent redemption, you should carefully read the terms of the transaction.

Any car can act as a rental object with redemption.

Naturally, in different landlords, they may vary, but according to the main points, the conditions look like this:

as a tenant, a person who has citizenship of any state, age over 19 years old (but most companies have more serious requirements for the driver - be sure to 3 years of driving experience and age from 23);
the driver should not have a criminal record (this is necessarily checked by the credential company);
the ultimate rental cost will depend on many factors - brand, variety and year of production of cars, manufacturer, different kinds expenses (taxes, insurance, operational and depreciation costs);
often, the rent may be higher, in comparison with payments on the car loan, but this is justified that the resolution of the majority of problems is assigned to the Landlord Company;
if the payment is delayed, the machine is most likely removed;
the conditions for the complete (partial) introduction of the value of the machine before the end of the contract is necessarily prescribed in the main transaction document;
throughout the period of the rental period, the driver operates the car by proxy, and therefore it is obliged to coordinate all actions that are associated with it with a landlord;
there are geographical restrictions on the operation of the car and it is necessarily prescribed in the agreement.

If a citizen of another state acts as a tenant, he will have to make driver's license (with a driver's experience of at least 3 years), passport, bank card, visa (valid). The lease will be compiled for a period not exceeding the validity of the visa.

Landlord usually denotes the geography of the car operation

Registration of the transaction

This type of transactions with movement is becoming increasingly popular because there are practically no restrictions on the lease object. - car of any manufacturer and model, regardless of year of release. We have already mentioned that a company (car dealership) and a private person can act as a landlord. In principle, in both cases, the conditions must be identical. The most important thing is the correct design of the transaction. In the act of acceptance and transmission, it is necessary to describe in detail the technical condition of the TC and its characteristics, the procedure for making payment and legal relations between the participants of the transaction.

Treaty

When making a rental contract for a car with its subsequent redemption regulation should be observed by law:

Download a sample of a car rental agreement with subsequent ransom.

Tricks Landlord

There are situations when the driver may encounter the deception of the landlord. To avoid this, it is necessary to make a lease, regardless of the status of the Lessor (legal / private person).

When executing the contract, it is necessary to carefully read the conditions in order not to be deceived by the landlord

You can count the most common tricks of landlords:

The landlord under various pretexts avoids the preparation and signing of the contract. It is impossible to agree on this! It is advisable at all to abandon the relationship with him and find another car for yourself. Moreover, the number of such proposals is increasing every day. All agreements are necessarily recorded in documents signed by the parties. The tenant must receive one copy of the contract, which will be a guarantee and protection of his rights.
Before signing, carefully read the prepared document. Special attention It should be paid to the possibility of increasing the rent, the conditions for termination of the transaction and redemption of the car. Some provisions of the document may contradict the legislative acts of the Russian Federation. In addition, you should take care of the possibility of transferring payment for rent for a car for a period of repair (if such a need arises), for example, after an accident.
Some landlords deliberately indicate another price and redemption terms. Check this section especially carefully.

Check out with special care, is whether the car you are planning to rent, the property of a leasing company. The lessor prohibits the transfer of its own property to third parties with the right of subsequent redemption or use it as a taxi. Because of this, the transaction will be recognized as no legal force.

Rental payments include car depreciation

Car to work in a taxi

Individual companies are offered cars for rent to work as a taxi with further redemption . For many drivers, such a service becomes the main source of earnings.

To get a car for operation as a taxi, it is necessary to have experience of similar work, local registration. One of the key conditions for receiving the car for rent with its further purchase is the lack of serious violations of traffic rules (The certificate is ordered in the traffic police) and criminal record, as well as contraindications for health. Additional plus for the driverSupposing to rent a car, there will be something that in its "asset" there is already a successful fact of lease with redemption.

Who else may interest this service

Rent motor vehicle followed by redemption suitable For those who would not like to make a target loan for the purchase of a car. In addition, this service will allow for those who have not yet been oriented with the brand / model of the machine - making the rental with redemption, the motorist has the opportunity for a long time to evaluate the features and technical quality of the car (on a test drive it is difficult to implement).

Who still suits such a service:

vehicle is required, but a person does not want to show his valid material opportunities;
persons who do not particularly believe advertising and wish to make sure of themselves alone, and the long-term use of the car for this is suitable, as it is not better;
motorists who sell the old car, but not yet acquired a new one and want to buy it as profitable as possible.

making out rental with redemption, the motorist has the opportunity to assess the features and technical quality of the car

Rent a car with his subsequent redemption is good alternative to buying a car on a loan agreement. This option has its advantages and disadvantages. The main thing is to show maximum caution when choosing a landlord. So you can protect yourself from scammers.

Sample vehicle lease agreement

Treaty

vehicle rental

with the right of subsequent redemption

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g. Target "35" Bry 2050

Muller Melnik Spinovich (passport 1234 №123456; issued separated by the Federal Tax Service of the Russian Federation, on the Soviet Rh. Antononaryv 12.12.1212) on the one hand, hereinafter referred to landlord and Sumer Babylon Akkadovich (Sprons, date),hereinafter referred to astenant,
concluded a contract for the following:
1. The Subject of the Agreement

1.1 The landlord is leased, and the tenant takes the vehicle - pelvis 12345, light gray, behind the number (VIN) xth 000000 y 000000, with engine number 00000F - Y. 0000000., belonging to the landlord on the basis of ownership, which is confirmed by the passport of the vehicle.

1.2 For the use of vehicles, the parties have established payment of 10,000,000 rubles. (billion rubles) monthly, starting from the moment of the conclusion of the contract.

1.3 The total cost of the vehicle is set in the amount of 10,000,000,000 rubles. (Ten billion rubles).

1.4 The vehicle becomes the ownership of the landlord after the payment of the full value of the fund (ten millias rubles).

2. Rights and Obligations of the parties

2.1 The landlord undertakes to transfer to the use of the truly vehicle no later than a day since the signing of the contract ("40" of ApreBrey 2121 g).

2.2 The tenant undertakes to make a payment established for the use of the vehicle monthly, no later than "41" apresses of each month.

2.3 The tenant undertakes to maintain a vehicle in proper technical condition during the entire lease time. In case of breakdown, the tenant is obliged to produce required repair Vehicle at your own expense.

2.4 The Landlord has the right to verify the technical condition of the vehicle during the lease term, before the transition of the vehicle to the property of the tenant.

2.5 Tenant reimburses the cost of vehicle inspection and mandatory vehicle insurance to the landlord

2.6 The tenant reimburses the cost of paying taxes on the vehicle to the Lessor, if necessary, paying this during the lease of the vehicle.

2.7 The landlord is obliged to prevent payment documents to the tenant (receipts for payment for inspection, auto insurance, tax fees).

3. Responsibility of Party

3.1. The landlord does not have the right to lease the above vehicle to third parties during the actions of this Agreement. In case of violation by the landlord of this paragraph of this Agreement, the Lessor pays a penalty to the tenant, in the amount of rent in the vehicle in one month.

3.2. The landlord does not have the right to use a vehicle for personal purposes, without written to the consent of the tenant.

3.2. In the case of transfer by the Tenant of the vehicle to the sublease to third parties, the tenant pays the tenant amount, in the amount of half a monthly rent for the vehicle (12345 p. (Two three four five five rubles)), for each month of vehicle subares, in addition to the monthly fee, established by the parties in this contract

3.3. In case of misuse of the vehicle by the tenant, this Agreement is terminated, and the tenant pays the landlord to the landlord, in the amount of one monthly rental payment, in the amount of _ rubles. (__ rubles).

3.4. For each day of delay in the monthly rental payment, the tenant is obliged to pay the leaser for the penalty, in the amount of _% of the amount of one month rent (__ rubles).

3.5. In the case of malicious retention by the lease by the tenant (more than a month), the vehicle is returned to the landlord, and the tenant pays the landlord the amount corresponding to the time of the vehicle to hold, based on the established rental cost - ___ rubles. per month; As well as a penalty in the amount of penalty for every day of delay in payment.

3.6. The landlord does not have the right to require the elimination of vehicle faults identified before the conclusion of this Agreement, due to the tenant.

4. Force major circumstances

4.1. In the case of force majeure circumstances to which circumstances that do not depend on the parties that have entered into an agreement (natural disasters, military actions), none of the parties is not responsible.

5. Termination of the contract

5.1. This Agreement may be terminated by the parties to achieve their consent in writing signed by both parties.

5.2. In the case of one-sided termination of the contract by the Lessor, without the fault of the tenant, the Landlord pays the tenant to the penalty, in the amount of one monthly rental fee established by this Agreement, in the amount of 000 rubles. (... thousand rubles).

5.3. In the case of a unilateral termination of this Agreement, the tenant, without the guilt of the lessor, the tenant pays the landlord to the landlord, in the amount of one month rent (fifteen thousand rubles), the costs of inspection and mandatory auto insurance, produced during the actions of this Agreement, and returns the vehicle to the landlord. The funds paid during the use of the vehicle by the tenant, the landlords are not returned.

5.4 Tax fees, receipts for which the landlord is obtained during the period of the present agreement, are also reimbursed by the tenant, in case of termination of the contract on its initiative

5.5. If the contract is terminated on the initiative of the landlord, without the fault of the tenant, tax fees, the receipts for which the landlords were obtained during the contract period, but not redeemed, paid at the expense of the landlord.

5.6. In the event of a vehicle with a wealth of a tenant, the tenant pays to the landlord complete value vehicle established by the parties in this contract, minus the already performed monthly payments (150,000 rubles, minus the amount of the payments committed).

5.7. In the event of a tenant's refusal to repair the vehicle at its own expense, when the vehicle breakdowns during the use of the tenant, the landlord, the amount required for the repair of the vehicle is paid from the tenant, and this Agreement is terminated. The vehicle is returned to the landlord.

Date___________________________________________

Poptioni side:

Payments:
amount date signature
(A sample of the contract was compiled by the author of the blog "Legal Journal"
website)

Act of receiving vehicle

The act of receiving the vehicle is an integral part of the contract.

____________ g.,vehicle - pelvis 123456, light gray, behind the number (VIN) xth 123450 y 123456, with engine number 12345F - Y. 1234567 Received by the Landlord to use the tenant.

To the technical condition of the vehicle, the tenant does not have complaints.

Malfunctions that occur at the time of transferring the vehicle to the use of the Tenant:

______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Date____________________

Signatures of the parties:

Landlord _______________________ Tenant _____________________
I hope the sample was useful to you,
Regards, RightJournal

In the face of _________________________________________, operating on the basis of _____________, hereinafter referred to as the "Lessor", on the one hand, and _____________________, in the face of _________________________________, which operates on the basis of _________________, hereinafter referred to as "Tenant", and together here, "parties" concluded this agreement :

1. The Subject of the Agreement

1.1. The subject of this lease agreement is the provision of landlord for temporary possession and use, for the fee to the tenant of the vehicle of the brand _________________;

model _________________;
modification (type) _________________;
year of issue ________;
government number _________________;
identification number (VIN) ________;
color _________________;
N chassis (frame) ________;
N engine ________;
N body (strollers, trailer) ________;
transportation passport Series ________ N ________, issued __________________________, with the right to redeem vehicle.

1.2. The vehicle is leased by the tenant on the conditions of ownership and use, without providing management services, maintenance and operation.

1.3. The specified vehicle is in good condition that meets the requirements for exploited vehicles.

1.4. The tenant on its own and at its own expense ensures proper operation, and also bears the costs of the maintenance of the vehicle and the costs arising in connection with operation, during the entire term of the contract.

1.5. The tenant is not entitled to dispose of the vehicle without negotiation with the landlord. The transfer of the vehicle in the sublease is also possible in coordination with the landlord.

2. Payments and procedure for calculations

2.1. The cost of using the vehicle transmitted for rent is ________ rubles in (Determine the period).

2.2. The specified rent is paid by the tenant by transferring to the current account of the Lessor to _________________.

2.3. The redemption price of the leased vehicle is _________________.

2.4. When a vehicle is redepeted, the tenant in the offset of the redemption price includes earlier rental payments. The remaining part of the redemption price is the tenant within ________ days after the end of the transportation period of the vehicle to the current account of the landlord.

2.5. The size of the rent and redeemed price, if there is an objective reality, may change under the term of the contract by agreement of the parties.

2.6. The tenant has the right to demand from the lessor to reduce rent and redeemed price in the corresponding amount, if due to the circumstances to which it cannot affect and for the result of the onset of which cannot be responsible, the conditions for the use of the vehicle being leased by the contract, or the state of the In the rental of the vehicle, they deteriorated significantly.

3. Transition of ownership

3.1. After making a fundamental redemption agreement, the landlord is transferred to the ownership of the tenant.

3.2. The realization of the right of the tenant for the redemption of the vehicle and the transition of property rights is issued by drawing up and signing by the Parties of the Supplementary Agreement.

4. Lessor's duties

4.1. Transfer the tenant for the act of receiving a vehicle, which is a lease object, and related to it technical documentation During ________ days from the date of signing this Agreement.

4.2. Check the health of the vehicle rental in the presence of a tenant.

5. Duties of the tenant

5.1. Take from the landlord for the act of acceptance of the vehicle during ________ days from the date of signing this Agreement.

5.2. To carry the costs of maintaining a leased vehicle, its insurance, including their liability insurance, as well as expenses arising from its operation.

5.3. During the entire term of the lease of the vehicle, maintain it in proper technical condition, as well as carry out regular maintenance, maintenance, provide a vehicle with the necessary spare parts and other accessories.

5.4. In the event of a change in the location or financial state, notify the landlord about this during ________ working days.

5.5. Timely make payments caused by the contract.

6. Term of the contract

6.1. This Agreement is concluded by the parties for a period of ________ years and enters into force on the date of its signing by the Parties.

6.2. This Agreement may be terminated by the Landlord unilaterally under the systematic (more than two times) by the tenant of its duties under the Agreement regarding timely payments on the payment of the rent.

6.3. In case of termination of this Agreement on the grounds specified in paragraph 6.2., The vehicle is returned by the tenant during ________ days from the date of termination of the contract.

6.4. The implementation of this Agreement is terminated if the tenant executes all its obligations under the contract, including with the full and early payment of the tenant of the entire amount of the redemption price, as well as when returning the vehicle to the landlord.

7. Responsibility of Party

7.1. The contract of the contract, unrevered or fulfilling its obligations inappropriately, is responsible in the presence of guilt.

7.2. The tenant is obliged to reimburse the landlord damage caused in the event of death or damage to the leased vehicle if the landlord proves that death or damage occurred as a result of the circumstances for which the tenant is responsible in accordance with the current legislation or terms of this Agreement.

7.3. The contract's side, whose property interests are violated as a result of the non-fulfillment or improper fulfillment of obligations under the contract by the other party, has the right to demand a full refund of the losses caused to it.

8. The procedure for resolving disputes

8.1. The parties will take all measures to regulate emerging disputes and disagreements through negotiations.

8.2. If an understanding of mutual understanding, the dispute is transferred to the permission of the arbitral tribunal according to the existing jurisdiction.

9. Final conditions

9.1. The parties are not entitled to transfer their rights or obligations under this Agreement to third parties without written consent to the other.

9.2. Changes and additions to this Agreement are performed in writing and are signed by the parties.

9.3. All additional agreements are attached to this Agreement and are an integral part.

9.4. This Agreement is drawn up in three authentic copies having the same legal force, two copies are stored at the lessor, the third copy is transmitted to the tenant.

9.5. On issues that have not been reflected in the contract, the parties are guided by applicable law.

Significant lease agreement with car repurchase (sample)

The car rental agreement with the right of redemption includes the following essential conditions:

Subject of the agreement. In this case, we are talking about transfer to use with the subsequent right to redeem a particular vehicle. At the same time, the unique characteristics of the car should be described as much as possible ( technical specifications, registration data, etc.). Otherwise, the contract can be recognized as inconclusive (clause 3 of Art. 607 part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ). However, the parties, including in the dispute on the invalidation of the agreement, cannot refer to the insufficient individualization of the lease object, if the contract parties were actually performed (for example, the tenant initially accepted a car without claims and exploited it, etc.) (n . 15 Decisions of the Plenum of the Russian Federation of the Russian Federation of 11/17/2011 No. 73, further - Resolution No. 73).
The size of the redemption cost of the car and the regulation of its introduction (information is presented below).
Conditions for the transition of a car to the ownership of the tenant. The parties must determine when it is the named right to go to the tenant: after the expiration of the lease agreement or subject to the complete redemption cost of transport (clause 1 of Article 624 h. 2 of the Civil Code of the Russian Federation). It is necessary to directly indicate in the contract for the right to redeemed the car. Often, when concluding such contracts, the parties make an error, the concept of subsequent redemption and, for example, the rights of preferential redemption of the leased object (the latter is provided in cases governed by law, and not by agreement of the parties). As a result, undesirable legal consequences are coming (see the definition of the Voronezh Company of 25.02.2016 in case No. 33-1112).

Car rental agreement with redemption right: ratio of redemption costs and rental payments

Payments for the type of contracts under consideration have a double status, being simultaneously rent, and the redemption price set by the tenant is not for the use of the car, but for the purchase of ownership of the object.

Important! The duties of the tenant include only the deposit of rental payments in agreed dimensions on time, while the payment of the redemption price is its right.

If the court recognizes the condition about the redemption price of inconsistent, the contract is precisely in part of the sale and purchase can be qualified as an inconclusive (for example, the Resolution of the FAS of the West Siberian District of 06.08.2010 in case number A75-5300 / 2009).

The size of the redemption price can be determined in various ways:

as a total amount of all rental payments paid throughout the Treaty (in order to receive a car, the tenant pays anything else);
as the amount of rental payments plus a fixed amount formed separately from them.

In addition, the parties by mutual agreement can transform the usual lease agreement in the lease agreement with the right of redemption through the conclusion of an appropriate additional agreement providing for such a right. At the same time, the amount paid for the rent can be credited to the redemption cost of the car (clause 2 of Art. 624 h. 2 of the Civil Code of the Russian Federation).

In this case, the obligation to submit a rent is terminated (unless otherwise regulated by the Agreement by the Parties or legislation). If in the future the contract of sale is invalid, rent will be considered not cessant (clause 5 of Resolution No. 73).

Other terms of contract

Among other terms of the contract, whose concretization will play an important role in the event of controversial situations between the parties, can be specified as follows:

Rights and obligations of the parties. It is necessary to distribute the obligations for the insuring vehicle, possible risks between the parties, the burden of maintenance of the car, the ban / permission to be disposed of property and legal lease (transfer to the sublease, pledge, etc.). In the preparation of this unit of the contract, it is necessary to rely on the provisions of Art. 644-646 h. 2 of the Civil Code of the Russian Federation.
Responsibility of the parties (conditions of application and the procedure for calculating fines, nozzles, etc.).
The procedure for termination of the contract, taking into account the provisions of Art. 619-620 h. 2 of the Civil Code of the Russian Federation. It is necessary to clarify the possibility / impossibility of one-sided refusal to execute the contract and its condition (Art. 450.1 part 1 of the Civil Code of the Russian Federation of 30.11.1994 No. 51-ФЗ).

Before signing the contract, the tenant must make sure of the vehicle's condition. Otherwise, when malfunctions or unsuitability of transport to operation in court will be difficult to prove the presence of grounds for termination of the contract unilaterally (see the definition of the WWT Republic of Sakha (Yakutia) dated 16.04.2014 in case No. 33-1114 / 14).

The court can recognize the transaction invalid if the object of the agreement is in pledge and the pledger is not given the right to order and alienate the object of pledge. In this case, the provisions on the consequences of the invalidity of the transaction also apply (including the return of the redemption amount by the landlord to the tenant). See, for example, the definition of the Ulyanovsk regional office of 10.08.2010 in case No. 33-2830-2010.

Registration of the contract

The property lease agreement followed by redemption should be concluded in the same form as the purchase and sale agreement of the said property. In the case under consideration, the Agreement implies a simple written form, does not require a notary certificate and is not subject to registration. On its basis, it will later be registered the transition of ownership (after the payment of the redemption cost of transport), but the contract itself, for no matter how long the term is not registered (Art. 643 hours 2 of the Civil Code of the Russian Federation).

At the same time, the practice is quite common when the car purchase agreement followed by the right to redempted the parties based on the provisions of paragraph 3 of Art. 609 h. 2 of the Civil Code of the Russian Federation, identified with the purchase of a vehicle on credit with a condition for installments and, accordingly, they are trying to apply the provisions of Art. 489 h. 2 of the Civil Code of the Russian Federation.

In paragraph 2 of the information letter, the Presidium of the Russian Federation of January 11, 2002 No. 66 clearly explains: to the lease agreement of the property, which suggests its subsequent redemption, can be applied only by the regulatory framework for the contract of sale of the Rules. Everything else should be focused on the requirements of the Leisure Treaty.

A sample of a car rental agreement with the subsequent redemption can be found on the link:

So, the car lease agreement followed by redemption is made in simple writing and implies free content at the discretion of the parties with the obligatory inclusion of essential conditions:

about the subject of the contract;
redeemed value of the object and the order of its payment;
the right of the tenant for the purchase of a car when making the entire redemption cost.