You will need

• - Passport;
• - Documents for the car;
• - car;
• - the owner of the vehicle;
• - money;
• - Notary.

Instruction

By purchasing a car by, remember that you do not become automatically owned by this vehicle. According to standards, you are just a person who can use a certain time on legal grounds. Although at the same time you give for it a fairly large number of your own money. If this option suits you, then go with the owner of the car to the notary in order to make a power of attorney.

To make up all the necessary documents, you will need a passport. The vehicle owner is obliged to provide his set of papers, which includes an identity card (all the same passport), a technical passport of the car and the so-called "synto". Based on all data available, the notary is a power of attorney that the car owner signs and transmits you. Now you can use this vehicle on legal grounds. Only this form you will have to always carry with you, so as not to disrupt Part 1 of Article 12.3 of the Administrative Code (the management of the vehicle confirming the right of ownership of them). For an offense, you can even remove the car and send to the penalty area.

Compilation occurs either after you give money for the car owner, or immediately before you give them. If the owner of the car is your good friend, and you trust him, then you can make payment for the car before designing documents. If a person is not particularly familiar to you, it's not worth risking. In any case, it is best to ask the seller to receive a receipt that he received money from you and does not have complaints. So you will minimize the possibility of problems.

Remember that by buying a car by the general power of attorney, you risk hard. First, the owner remains the one, on whom the car officially listed. And this means that at any moment he can cancel the power of attorney and to withdraw your car back. Naturally, without returning money. Secondly, in the event of the death of one person from those who are specified in the power of attorney, the car can also be easily lost. If the owner dies, according to the law on inheritance, his heirs come to the right to hold the car. And they did not conclude power with you, so you can easily with you.

In the event of the death of the buyer, his heirs can count on possession of this car only in that situation if the owner is an extremely noble and decent person and agrees to reorganize the vehicle on them. You can also lose the "your" vehicle's "vehicle in the event that the owner has any debt obligations to the state. If they are not fair, all the property of the debtor is withdrawn, including your car.

Until today, another, outdated way of selling a car with hands has been preserved. This is the general power of attorney. Do you sell the car by proxy in 2019? You decide. Since today the sale of a car according to the general power of attorney no longer has those charms that several years ago, and the more problems will attract more than the benefits.

In this article, we will tell you how to sell a car by proxy, which is the difference between such a sale from the conclusion of the DCP, and how this kind of deal takes place.

Features of sale through the General Power of Attorney

To sell the car by proxy, you first need to find the appropriate buyer. It is important to understand that the "power of attorney" comes from the word "trust", and it is extremely desirable that you trust your buyer. Ideally, if this is your relative or a close friend.

Sale by the general power of attorney is "sale without a sale". The car remains in your property, but the trustee can use it to fully. At least in the one you install in the document.

The general power of attorney may include different powers for a trustee. If the right of sale is granted, a trustee can sell a car on your behalf without agreement with you. If there is no such right, then a person can simply use your machine, but cannot sell it or transmit it.

The only key difference from the contract of sale remains the preservation of a car owned by the seller, which can be fraught with problems in the future, as the responsibility remains on the owner. Risks from this carries the buyer, if suddenly the seller decides to remove the car from the register.

Conclusion of the transaction and obligations

Sale of car in the gene. Power of attorney is mainly the fact that the seller retains ownership with all the resulting. There is no question here, whether you need to remove the car from accounting. Your car, and put it on taking into account the buyer by proxy cannot.

Taxes during the sale of a powerport of a power of attorney are also not paid - this can be considered an advantage, but it is worth understanding that a large tax payment will be followed by a large tax payment for the sale of a large tax payment for the DCC, it will not be interested in a buyer for general power of attorney.

And yet, how to sell cars by general power of attorney?

The transaction passes as follows:

• The seller meets with a notary, in the presence of the buyer or not - no matter;
• The powers who will receive the buyer of the car on the general power of attorney will be determined;
• The document is issued and notarized;
• Power of attorney signed by the parties of the transaction.

From this point on, a trustee may have anything that you pointed out in the document and has the right to dispose of your car within the permanent. But even with the widest powers, he will not be able to issue a vehicle to the property and put it on accounting - the car remains yours until the general power of attorney is terminated for one reason or another, or until the trustee does not sell the car from your Name (if he has such powers).

If you decide to remove the car sold by proxy, at the very first traffic police officer who stopped at the car your trustee will arise questions, and, most likely, the car simply flashes.

For the buyer, other threats are preserved, for example, to purchase a car wanted or arrest, since when you purchase a power of attorney, it is not necessary to even be shown in the traffic police, and check the car has no one. In order to prove its honesty in place, spend online checking the car.

The Avtokod service will tell about whether the car restrictions has a restriction, whether it has been in the accidents, and what can be fraught with the purchase of a vehicle. And the exit check of the specialist will help on the spot to reveal the actual those. TC state. What will definitely increase the chances of sale.

To begin with, explain what kind of general power of attorney

The general power of attorney is a document that gives a trusted person right in any way to dispose of property that represents material value. It is important to remember that the power of attorney is drawn up for a specific property.For example, on a specific house, which is at a specific address.

Applying a power of attorney for someone you do not sell the property to him, but only give them the right to dispose of her. The general power of attorney (as a document) does not record the fact of the purchase and sale of the machine, but only gives the right to another person to dispose of them, also leaving them the right to hand over or resell the car.

It is worth distinguishing the general power of attorney from the usual power of attorney. An ordinary power of attorney gives the right to use the car, but does not give the right to sell or reissuate the power of attorney.

So, to sell a car or buy it in general power of attorney you can not, you can only arrange the right to own your car on another person, at the same time, he is not obliged to transfer you any money. However, for the convenience of the perception of information here and then, instead of "write a general power of attorney on a person, and then receive money from it," we will use "sell (buy) a car by general power of attorney."

How to sell car by gender

How to sell the car by general power of attorney? To begin with, a notary should be visited, because the general power of attorney is notarized. Since the power of attorney is the transaction of the one hand, then you do not need to take with you the person you make up a power of attorney. For registration you will need knowledge of your car data (Identification number, etc.). Blank power of attorney in the presence of a notary.

The maximum period for which the power of attorney is issued is 3 years. According to the standard usually put one year.

If the duration of the power of attorney or an indication of a period exceeding 3 years, the power of attorney is considered invalid (in accordance with Article 186 of the Civil Code). Also invalid is the power of attorney, which was written by hand and did not assure a notary.

From this you can withdraw two minuses of segregation:

• Notary services paid;
• Registration can be delayed, as sometimes it takes a considerable time to get to the reception to a notary.

Not so long ago, the sale of a car for the general power of attorney was the least costly for the seller to sell the car, since it was necessary for the sale preliminary, however, from October 15, 2013, it became possible to sell a car without preliminary deregistration., after which the sale of the germanity has lost its relevance.

What it can threaten

Here we will look at the main disadvantages of this operation for the buyer and the seller.

For the buyer:

• By purchasing a car by gender, you do not get him in the property, that is, the owner can terminate the power of attorney and legislatively oblige you to return to him the car, after which you lose money and cars;
• If the car is superimposed on the passage of the bailiffs, and you do not know that, then the arrival on that you will be unpleasant. Next you will need to demand from the owner of debt paymentSo that the ban was removed, but not always the owner will go to meet you. Or you can pay the debts of the owner, eligible for additional financial spending;
• At the death of the owner, power of attorney immediately is automatically canceled, and the right of ownership immediately moves to the heirs of the owner;
• With the death of the buyer, the General Power of Attorney is also canceled, but the seller remains the right of ownership.

For the seller:

• As when making a general power of attorney, you remain the owner, the responsibility for violations remains yours. All fines will come to your address and pay them (by law) you will be. In addition, if the buyer, the police will come to you with the words "Citizen, why do you hide from the spot, it's not good." Transport tax should also pay you;
• If a trustee sells a car, you are in accordance with the law (as the owner), are obliged to appear in the tax service and indicate the sale price, but you can not know this if you do not know the buyer. We will have to go to him and require the information that he may not provide (did not remember or simply did not want).

Now consider the advantages of car sales by the general power of attorney.

This option is most appropriate If the buyer has problems with the law, that is, his property can arrest, etc. In this case, the buyer the next day after the purchase arises, the right of ownership of the car is fully moving towards a relative, who, in turn, draws out the country's genderiness.

Now the car owns a reliable, close to the buyer's person, and the buyer still has the right to dispose of the car.

This list of advantages. Besides, three main situations should be mentioned when you need to unambiguously refuse to buy. Celever car:

• The car is sold by (at a minimum) of the second power of attorney. That is, the seller received a power of attorney from the person who is a power of attorney gave the owner of the car. In such a situation, any of the power of attorney can be easily withdrawn, and in addition, a bunch of subtleties and nuances arise, of which the problems that you, we are confident, are not needed at all. Also has the right to not recognize the transaction and refuse to register the car;
• The car is currently registered in another city or country. In this case, you will have to visit the place of registrationto remove it from accounting, and if there are also problems behind the car (credit, the wrong passage of customs), then their decision will result in real misfortune;
• Power of attorney is not certified by the notary. This kind of deal is the type of fraud, remember that the general power of attorney, not certified by the notary, has no legal force.

If you are called upon to sign an incomplete power of attorney when buying, arguing that "yes okay you, and so comes out," "Yes, then I will place, sign the main thing," then it is 100% fraud, in no case conclude such deals.

Summing up, I want to say that the general power of attorney has much more minuses than the pros. Therefore, buying or selling cars according to the general power of attorney is not recommended. It is much more convenient and easier to conclude a usual contract for sale.Risks at which is significantly less.

How to cheat when buying a car. Guide for economical smooth Alexey Anatolyevich

Machines for sale by general power of attorney

Currently, the design of the sale of the car with the help of a general power of attorney is quite common. The advantages of this design of the transaction lie on the surface: the seller is not necessary to go to the traffic police department to remove the car from registration, the buyer has the ability to independently put the car on accounting not necessarily immediately after making a transaction, but at any time, the fact that the power of attorney is valid, the proxy procedure requires a minimum However, however, the shortcomings of such a design of the transaction are forced to seriously think about the feasibility of using the general power of attorney.

Remember: the preferential part of the cars with a bad story (with unpaid loan, which are not intended properly listed in the hijacking, etc.) are sold precisely using the general power of attorney. At the same time, the seller insists precisely on such a design of the transaction, motivating this in the lack of time, urgent need of money in money, otherwise in appearance, but insolvented in fact causes.

Attention.

Fake a fake general power of attorney is much easier than a technical passport.

Often fraudsters who need to sell a car with a bad story, "work" as follows. At first, the seller of a potential buyer convinces that the general power of attorney is the best option for designing and selling: time is required at least, it is possible to arrange at any time, etc. At the same time, an accomplice of a seller who plays the role of a private notary sits in a pre-agitated place. It was here that the seller leads the seller when reaching the agreement. The so-called "notary" draws up the general power of attorney (usually the document is printed on the printer), receives a "duty" for the services rendered and gives the car to the buyer a document confirming the reception of money (check, the profit of the receipt cash order, etc.), as well as the General Power of Attorney which looks quite natural: it has a seal, signature, other mandatory details. Note: As we have noted earlier, in modern Russia, in almost any market, you can freely at a reasonable price to purchase a variety of documents for the writing of any stamps and seals. And you can order "left" printing - this is also no problem amounts. True, it will open when the buyer with such a fabricated power of attorney will try to transform the car into the traffic police.

But even if the general power of attorney is executed in full compliance with the law, know: the owner of the car (and from the legal point of view they remains the seller) or his trustee has the right to withdraw it at any time. If before that you did not register the car on myself or a loved one - you have every chance to stay without a car. The current legislation in a similar situation unambiguously takes the side of the car owner, and you do not prove the fact of transferring money to him.

Council.

If you had to make a car purchase deal with the help of a general power of attorney - in the shortest possible time to register it on yourself or a loved one, without postponing it "for later."

It may happen that the machine that the owner wants to sell on the general power of attorney is under arrest or has a restriction on its sale. In such a situation, no one will allow you to reorganize it in your name, moreover, the property under arrest on the legitimate basis can confiscate. It often happens that a person has serious problems with the law, as a result of which his property was arrested. Of course, this person wants to save from confiscation at least something, and one of the most suitable options in this situation is the sale of the machine under arrest with the help of a general power of attorney: a transaction decorated in this way will be hidden from law enforcement agencies. As a person receives money for his car, her further fate (read - confiscation) it will not worry at all.

Remember this.

It is worth considering the fact that the action of the general power of attorney will automatically stop immediately after the death of a person who issued it. In this situation, the heirs of the deceased on the legitimate foundation will easily take the car to themselves.

Whatever it was, if you still intend to purchase a car through the General Power of Attorney - be extremely alert and check everything that you can. In particular, you can easily contact the appropriate branch of the traffic police and find out if this machine will not be listed (it will be necessary to indicate its registration sign and the name of the owner) in the hijacking, whether it is arrested if it is not arrested, there is no restrictions on its sale. If the car does not have any problems - make sure that you are really dealing with the owner or his trustee, and not with someone else.

There are cases when, with the help of the general power of attorney, cars were sold, on which "hanging" an outstanding loan. In other words, a car has acquired a car on credit, and it can not repay him. To remove the car from accounting in the traffic police in such a situation, nobody will allow him, therefore - the sale of the car is possible only with the help of a general power of attorney. A person who bought such a car will receive a lot of problems: after all, he will not be able to reorganize it with himself, until the loan is paid, moreover, according to the law, the bank has the right to remove the car from him to repay the loan.

But despite the fact that the purchase of a car with the help of the general power of attorney is not recommended, there are situations in life when this option is the only acceptable. This is a specific example: the buyer has problems with the law, and on his property (including a purchased car) can be imposed arrest. In this case, the complete scheme of the car reissue will look like this: a person buys a car by the general power of attorney, preliminarily honored in that she has no bad story, and taking his coordinates from the seller in case of unexpected problems. Then, without postponing the case in a long box (preferably - already the next day), he removes the car from accounting in the traffic police and on the basis of an existing power of attorney gives her a close person (mother, father, brother, wife, son, etc.). Durable should be properly issued at the notary. Then this close person who donates the car, on the basis of the donation and passport of the vehicle on the car puts it on accounting in the traffic police. After that, the car in the traffic police will be issued in the name of the new owner (i.e., exactly the close man of the buyer who was framed). Then a close person gives the buyer to the general power of attorney for the car, and he can manage them at its discretion without any risk, since the owner of the car is listed its own man.

In no case cannot buy a powerport of a power of attorney in the cases listed below.

If the car is sold at the second power of attorney, i.e. the seller himself is not the owner of the car, but only acts on behalf of the owner on the basis of the general power of attorney. Here there is a mass of legal nuances and hazards (for example, at any time they may withdraw both the first and second power of attorney), therefore, with a high probability, it can be argued that the traffic police does not recognize such a deal at all and refuses to register such a car.

If the power of attorney is not certified by the notary according to the rules provided for by the current legislation, but only written by hand. In this case, avoid buying a car even from relatives, friends or acquaintances.

If a car sold by the general power of attorney is registered in another settlement (and even more so in another state). First, to remove it, from the register, you will have to go at the place of registration. Secondly - if this car has some problems (for example, it is unpaid credit, or it is incorrectly customs cleared, etc.) - you will get a huge number of problems, and it is not a fact that you will succeed to allow them to safely solve them.

A person against the car If you appeal to the hospital with a complaint about the pain in the chest, the doctor immediately sends you to an electrocardiographic study (ECG). The electrocardiograph registers the electrical pulses of your heart and depicts them in the form of a wavy line on