Hello everyone, I am again in touch!

Today I will tell you about the situation when someone sold the car on the general power of attorney comes the tax on his name, he wants to get rid of this injustice, but does not know what to do in such cases.

A similar situation when the general power of attorney decorated for the car brings tangible inconvenience to the former owner, quite common and at the present time. After all, the cars sold on the "generator", in the period of the wide prevalence of this practice, there was still a great set.

And far from everyone knows that taxes and fines coming on cars are the most harmless of what can happen. After all, the principal, remaining the legal owner sold by the proxy of the car, carries the entire fullness of responsibility for it, which includes things much more serious and dangerous than the annoying repeated payment of transport tax for someone else's person.

The coming receipts on payment of "other people's" taxes cause natural indignation because you do not have right and you will be punished if you simply wave on this problem.

But you pay extra money not only "for that guy", but for yourself. After all, what state is the point that you, conducted a sale deal with the "gray" way -?

Absolutely no! Agree?

In jurisprudence, there is no concept of "general power of attorney". But it was not always so!

Until 05.08.2000, the taxation of machines sold on the DG was regulated by the state, which also made its negative contribution to popularity and widespread similar sales.

Article 357 of the Tax Code of the Russian Federation (NKRF) states that taxes on all cars that were issued by the State Duma to the introduction of part 2 of the NKRF from 2000, are obliged to pay trusted persons specified by the Trustee principal.

After the publication of the Federal Law on August 5, 2000, this rule was abolished for all attornesses, starting from this date. And so, all cars that for the next 16 years were sold under DG are problematic in relation to taxation - it is obliged to observe not the actual owner, but the legal owner.

What to do?

Immediately a few words about the obligation to pay the current taxes on the car T. K. Many incorrectly imagine the legislative framework for this.

According to the law, the taxation is directly tied to the registration of the car in the traffic police and in the "virtual" form exists in fact, regardless of the physical existence of the Tax Payment Object - vehicle (TC).

That is, it does not matter whether you own or not a pipeline car actually, where it is and in what condition is whether it is in general in white light, in the end. If there is an effective registration, taxes, and not only they will come to the name and at the address of the owner on which this registration is framed.

And it doesn't matter what you, for example, changed the place of residence, surname, etc. In this case, taxes will simply stop finding you for a while. But they will be accrued, along with penny for the delay in payments. And then, one day, when you already forget that once you had such a car, you will be unpleasant to surprise a significant amount to pay, finally finding you.

Attention! Taxation of vehicles, in ordinary cases, is abolished only with the withdrawal from the registration accounting in the traffic police or re-registration to another name.

That's what you need to remember. To get rid of taxes and other "joys of life" of the new owner coming in your name, you need to remove the TC from accounting or to achieve its re-registration. Only and everything.

But in fact everything is far away. Cases are different with different complications. Let's look at what options may be.

Option One: Contact the owner

This is not the worst option. Usually with it and you need to start, even if it is known in advance that nothing will come of it. It is very good if you have the effective contacts of your trusted person on DG. The algorithm of action here is about this:

• If you have an effective phone number of the buyer, then call him and try to negotiate the "world" - convince the interlocutor to re-refund the car for yourself in some not very long time, with the reimbursement of all costs for taxes and other fees coming in your name .

• If there is no possibility to call, then you need to write a registered letter to the address of the negligent owner with the requirements of the immediate re-registration and compensation for you. A registered letter must be notified. In the message itself, indicate that after the expiration of the monthly period you will take other, tougher measures.

• The effective address of the present owner of the car is best known in the traffic police t. K. The car could change several owners by hand. All postage receipts and copies of the letter are saved.

If there is no answer to your requirements, then you need to be taken for removing the car from the metering, without the participation of a trustee.

Why did you need to do all these manipulations with the letter? And in order to present the evidence of your court, if you are suitable for you, which often happens, after the adoption by the owners of one-sided more stringent measures.

Option Second: independent removal of cars from accounting

If the power of attorney is executed until 2000

Immediately need to say that if your power of attorney was drawn up to 2000, then in this case you can simply provide the GD to the tax and there will make the appropriate note, after which all taxes will come to the name of the new owner.

However, everything that has already come to your name will have to pay. Although, if there is some possibility to be requested your money from the principal, you can use it.

Let's complicate the case: you lost your copy of the DG. Nothing wrong. Go to the notarial office where it was compiled, and the notary will give you a new copy.

But in relation to all transactions on the GD after 2000, you need to act differently.

If the power of attorney is executed after 2000

Immediately you must cancel your power of attorney:

• If the term of the DG has already expired, no one has applied to you, and your car still rides somewhere, then this means that a fake extension of attorney has been used. In any case, after the expiration of the time you have set, the power of attorney is not specifically necessary - it is already invalid (Art. 188 GKRF);
• To cancel the current GD, it is necessary to report this to the notary of it in writing and it will take all necessary for this;
• You must write in writing to a trusted person on the cancellation of a power of attorney by registered letter with the notification (we keep a receipt and a checkback about sending);
• If an effective postal address of the trusted person is unknown to you, then send a letter to the latest address you know and write a notice in the traffic police about the termination of your attorney.

After the cancellation of the power of attorney, you can proceed to direct removal of the car from the accounting. This is done in the traffic police and today you have two options to choose from:

• Stop registering the vehicle;
• Write off the vehicle due to disposal.

Termination of vehicle registration

This is a new opportunity that you can remove the car from registration on a statement in connection with a certain reason and then the same car can be asked for accounting, without any particular difficulties.

How much does it cost? This is absolutely free! You only need to write a corresponding statement (a sample will be given to you in the traffic police) in which to indicate the effective cause of removal from the accounting.

In this case, the reason is included in the list of valid and you will not be denied. They will be asked to present a civil passport (required) and all documents on the car and its sale what you have preserved.

But without these documents, you can do, pointing out a special explanation in the statement that you have lost them for any domestic reason (it is precisely for household - no anticipation of writing).

After that, the taxation of taxes will stop, and the car will be wanted. Then, perhaps the negligent buyer will have to ask you for remuneration to help restore the registration of the car and show it to re-register it on the same day, concluding a normal contract of sale.

Who is interested, he can view a useful video about coming to the former owner of fines:

Write-off TS due to disposal

This is the most stringent option and apply it only if you are seriously offended.

For exactly the same scheme you write in the traffic police application for disposal. If you have a copy of the TC passport, it is good, but you can do without it, writing something "accidentally burned in the stove", etc. After that, taxes will be blocked for you, and the vehicle, if you find it on the road , arrest and fill on a stradder.

And here, keep in mind the following:

• If you are really going to take revenge with the disposal of your offender, then in the statement you need to write that the machine is disposed of personally and it does not exist physically (disassembled parts / scrap). Then it will be impossible to restore the car from disposal;

• If you are not so evil on the buyer because of your waste on it and allow you to restore the car with spending nerve cells and time as a punishment, then write in a statement as it is - the car was on trust. This means that the traffic police must find this car and utilize it in accordance with the will of the owner. In this case, the possibility of recovery from disposal, albeit with difficulties.

That's it. Now you know as much as possible and quite legitimately remove the car from accounting and get rid of taxes that come to your name.

Expert answer

Listen to the head of the legal department of the Federal Tax Service on how to come when the tax is coming:

• You need to know that a trustee, in the event of a car hitting a car, can decide not to take it. Then all storage costs will fall on you.
• Now it is possible to contact the traffic police online through the site. Such online requests are assigned the status of official.
• You can also, without removing the car from the register, declare a car wanted, but in no case declare it into the hijacking t., If the buyer has a financial receipt or another certifying purchase document, a criminal case can be opened on you For false accusations (Article 306 Ukrf).

Conclusion

Well, friends, from all written you can conclude one useful conclusion: everything needs to be done on time! Previously, when taxes on the car was not and the DG was in the "Favor", it was not necessary to worry. But times are changing, laws change and you need to try to have time for these changes, so as not to fall into small or large troubles.

Did you not have tax on the car sold? Come? Then tell us how you solved the problem - it will be very interesting and useful for everyone. Perhaps it is your comment that I will add an article with your authorship

That's all, dear visitors. Subscribe to a blog, press the buttons of social networks, do not miss and wait for new publications!

The general power of attorney per car can be framed in various cases, for example:

• sale;
• mena;
• donation;
• leasing;
• will;
• the right of free use.

Buying a car by general power of attorney

The general power of attorney can be issued at any notarium, where they do not have to stand in line and will not need a mandatory presence of a trustee. However, despite the simplicity and fast venue, such an option for making a purchase or sale of the machine, contains a number of minuses, often unfairly unwell. Often, such a sale resembles a lottery in which the buyer remains not in winning.

For the buyer, to preserve their own money and nerves, it makes sense instead of registration of the general power of attorney to make a purchase and sale of the contract.

If it was still decided to buy a car precisely on the general power of attorney, then the scheme is most often like this:

• according to the seller, he has little time to carry out sale on an official agreement, but it has the opportunity to spend everything officially through the notary by writing a general power of attorney;
• a trip to the notary, a power of attorney;
• getting a money seller for the sale of a car.

After the seller received money, the buyer has the right to immediately pick up the car, and use it at its discretion. However, the buyer can use the car, but it does not have property rights, they still remain at the old owner.

The former owner at any time can turn to this notary, who has been signed by the power of attorney, and with the same ease of ease. Another option - the seller has the right to write a statement about the hijacking or search of the car, in case it comes to the court, the court will be on the side of the former owner.

Of course, not all sellers do this kind of fraud, but even "buying" in this way the car has a friend, no one will guarantee that after some time the relationship does not ruin with this friend, and he does not want to return his property back.

Circumstances are different, the seller may die, and then again will have to go to court, proving that you didn't just take the car to ride, but they gave money for it, bought it by proxy. There are emergency situationsWhen you urgently need money, and then the seller as the owner can remember his property and sell it again.

To predict all the likely variations of the development of events are not possible, therefore it is easier to simply not create prerequisites for their occurrence. Negative statistics on general powests are growing from year to year, so instead of this type of conclusion, the transaction makes sense to take advantage of some other option.

According to the law, the owner's representative (general trusted person) is not allowed to make transactions in relation to itself. That is, to register a car, a trusted person will have to begin to find another one, the third person on which it will be possible to re-refline the documents, as a result of which it will now become the owner of the car. It turns out that it will not work in any way to transform the machine.

Sale of a car by general power of attorney

The seller, in turn, also remains not quite in winning. In fact, together with the right of ownership, the seller continues to be responsible for the car. For all the offenses of a trustee, you will have to answer the former owner, so if you urgently need money, and this requires to sell the car, it is better to apply to a special office that will carry out a car redemption urgently because specializes on it. The cleanliness of the transaction is guaranteed.

In the case of appealing to the court of victims from the actions of the buyer on the General Power of Persons, the Court may oblige the owner to reimburse the damage. All letters from the tax and traffic police will also come to the name of the owner.

Since the seller does not use the machine, then pay all these receipts, fines and taxes it will not. And then suddenly it turns out that it is impossible to go on vacation abroad, or so many fines have accumulated that it is time to go to court.

If the presence of such significant minuses does not stop from the purchase and sale of the car on the general power of attorney, then you need to at least take a receipt and receiving a receipt from each other. It does not need to be required notarized, but in the case of appeal to the court, it will have legal force.

Updated: 05/07/2019 5051

Sale of a car according to the general power of attorney: Is everything so simple and safe?

Hello everyone! Ilya in touch!

The topic of today's article will be the sale of a car for general power of attorney. Is it worth selling your vehicles on this document and which there are risks for the seller.

Could, for example, it is so that you have to say goodbye to your car, and then also return money for her on a lawsuit?

Anything can happen.

Therefore, I decided to make a thorough clarity regarding the use of the General Power of Attorney, since there is a mass of various rumors, inaccuracies and misunderstandings on this issue.

In several subsequent publications, I will additionally disclose certain aspects of this topic, in order to satisfy the audience interested in these questions.

In this article, we start from the very beginning, so as not to miss anything of the main and important.

At first I will explain to you what is generally the general power of attorney (GD) as such. And it is a document that gives a trusted person, (physical or legal) on which the GD is discharged, the right to perform actions on behalf of the person who has written the power of attorney (principal).

That is, you trust the broad authority to anyone do anything from your behalf. In our case, you trust your car to another person.

Such a document has full legal force and requires compulsory notarization, according to the Civil Code of the Russian Federation (clause 1, Article 185.1). In general, everything that is associated with power powers and all representative offices is regulated on the basis of paragraphs and articles of the GKRF (Civil Code) in chapter No. 10.

Who wants to speak on their own in this jurisprudence, then I ask for mercy here.

We go further. Power of attorney can be all and with different levels of authority, including generals. The DG is distinguished by the fact that it is necessarily written on a special licensear letterhead, so you can download them from the network as a Blanca DKP, everything needs be sure to be found at the notary.

That is, the general power of attorney can be different in content, include or exclude some points and powers with defined targets necessary principal. But in our case, the DG is more oriented towards the trustee. This document is not entirely intended.

In what sense, you ask. But in the fact that in fact there are two types of attributes, even though they are not demarcated to each other.

• The usual general power of attorney - this document is used according to its intended purpose;
• The general power of attorney as an option for replacing the contract of sale (DCC) is widespread, but indirect use of DG.

The DG on the car belongs to the option of replacing the DCP and is the most common document of this type even today. What is the form of an agreement to enter into an agreement can be so attractive and what are the pros and cons?

pros

To date, there is no special attraction here. After the cancellation, for the contract of sale, the obligatory requirement for the removal of the vehicle (TC) from the accounting, DG sharply took its presence in the total transactions. But, nevertheless, this option has not yet disappeared.

Of the advantages of the design of the transaction on the DG, the following can be noted:

• Cash savings on taxes and payments is a very dubious benefit for today. expensive cars With a sub-coal price tag, no one by attorney will buy, but, the remaining payments and contributions are not so significant;
• Saving time is this reason, in some cases, it can justify yourself. For example, if both partners are very busy, or the term is urgent, they can apply this scheme with a persuasion that new owner Then he will repeal the car on itself.
• Some unrelated or difficult inconsistencies in the car, due to which it is impossible to sell on DCC - meaning not, and domestic cases, for example, when the number of identification numbers on cars and in the documentation, due to past pricing of nodes and aggregates.

Minuses

So think twice before you decide on the sale of purchase and sale in general power of attorney. In general, this is the most wrong version and even looks much better.

I do not want to discourage anything from anything, since the situation may be all sorts of and selling the GD, it may simply be the only solution, but simply advise me if you have the opportunity to carry out a transaction on the DCP.

Registration

So, if you still decided to sell your vehicles on the DG, then I will proceed.

1) Immediately decide which rights and powers you want to provide as a principal. If you use a power of attorney just for sale, then the document is usually not made any special items. Then the buyer receives a standard power of attorney for such cases with exceptional auto rights, in which, among others, are included:

• The right to control and overhaul;
• Right to sell and handlers;
• Rental and exchange right;
• The right to remove-registration in the traffic police;
• The right intersection of the border and the right to dispose.

2) When you decide with the authority you can go to the notary of attorney. The presence of a trusted person is completely optional. You can, if the notary will agree to this, simply prepare a certified document without the name of a trusted person and the date, and then, when you find the buyer, you will approve all this in our place.

In an article about and some other publications, I pointed out that all the contributions in all the documentation of various data rearly should be carried out by one writing handle and one handwriting.

Consequently, everything that is filled from hand should be filled by you, not a notary. If the buyer is known and the transaction is discussed, then all data can make a notary.

Attention! If you yourself outside the notarial office have compiled a power of attorney, then the notary agrees to assure it only in the absence of a date and signatures on its preparation, which is put in its presence.

3) What do you need in the notary documents? The most ordinary:

• Personal passport;
• Vehicle passport (TCP);
• Certificate of registration by car (STS);
• Cronox passports of a trustee or his passport details.

4) When you have a GD in your hands, you can easily sell your car anywhere, handing powerful, documents and keys to the buyer and taking money from him.

But it will still be better to make an act of receiving and transmission in two copies. The buyer may require you financial receipt in obtaining money for cars. She is also written in two copies.

Regarding the receipt, you can view this video in which two experienced lawyers are popularly explained when and how you need to write it:

And with! You can find out on this reason valuable information in the relevant article.

What else? There is still a nuance for timing. Although they are not critical for the seller, they still need to know that since 2013, the restriction in terms of attorney is canceled (previously the maximum period of its action was three years). Therefore, you can contribute to the document theoretically any time, but it is better not to write fantastic figures.

And yet you should know that the deadline is definitely, and if it is not registered, then the action of such a power will last exactly a year, and then wait for the buyer on the threshold.

Schemes for the sale of cars by proxy in Russia, in Ukraine and in Belarus (Belarus) are practically identical, therefore, tips from this article are suitable for use in these countries.

• If you just need to make anyone's right to drive, it makes no sense to use GD for this. Since 2012, even the handwritten (simple) power of attorney is not required to certify the right of driving. It is enough to fit the person you need to the insured policy.
• Be sure to check all the notary data. At a power of attorney should stand his signature with full surname, name and patronymic.
• Keep in mind that when you cancel your initial power of attorney in court, written notifications are required from you to the name and address of each person who participated in the process of the transmission, which is very difficult to feasible if the configured owners are more than two.

Conclusion

I think that the material of the article turned out to be useful to you and you understood that:

• The transaction on the general power of attorney may be the most optimal option under certain circumstances;
• Under normal conditions, the use of GD today is justified and more profitable to use the direct procedure for DCP;
• When using GD not only at the buyer, but also the seller may have extra problems and troubles.

And you still use the gene. power of attorney during the sale or no longer? Did it happen that her use in the end was very expensive? Write about it in the comments. I will be interested in readers. If I like your message, I will add this article to them and give your authorship.

On this I part with you until the next meeting. Write reviews on the material of the article in the comments, ask questions, share your experience. For convenience, make a subscription to blog updates, and for the benefits of friends, share my material through social networks.

P.S. The main image is taken here: https://www.drive2.ru/l/288230376152741684/

More on the topic:

Comments on Article: 22

Alexander

14.01.2017 | 14:02

Hello!

I bring a quotation from the article

The minuses and risks from the seller will be more (albeit less than the buyer). Of these, you can note such:

With a traffic accident (accident), when the new owner is hidden from his place, then all payments on damage fall on you - you agree that one is already scary.

For this proposal, I have such a responsibility on this proposal, what is the seller's fault, who has broken, he must answer. If the guilt of the owner is not proven, what can be paid ???

Dmitriy

04.10.2017 | 16:08

Hello! Please tell me how to return cash For the car sold? My father was discharged by the general power of attorney for a girl who sells cars and in the contract of sale, everywhere fits the owner, i.e. Father and signs him. The owner at the same time was not present. 9098548280.

Victoria

13.10.2017 | 18:26

This year did the recovery of the transport tax for the car sold in 1999 (?) Of the GD with the right to sell, etc. He wrote an objection (appeal), since I don't have anything to do anything at all, including rights. How to solve the situation, remove this car from yourself. Pay - to admit that he is mine, and this is not. Suggest? I do not even know if it is in physically. Where did the power of attorney, too, do not find.

Andrew

08.12.2017 | 07:44

Good afternoon, I'm going to buy a car, the seller is the owner's brother, from the seller DG. When buying as far as I understand, we are issuing DKP. Please tell me what to pay attention to how to make everything right?! Thank you

Leonid

07.02.2018 | 08:26

On March 17, 1999, I sold on the general power of attorney KAMAZ, unexpectedly at the end of 2016 comes a tax on him. In the beginning of 2017, I filed a car wanted. I found the buyer offered to pay taxes, he refused, said that he sold it on spare parts without documents. What was the tax for 2016

Gennady.

17.09.2018 | 08:16

My question. I am the owner of a car that bought him being married (married and now). I want to give a car's native daughter on the GD. Do I need to have the consent of my wife? Sincerely, Karpov G.N.17.08.18

Antonina

03.10.2018 | 14:37

hello! I want to sell the car on the DG, because "Flew" ban on reg. Sometime "fitted" as a guarantor for someone else's loan, there is a debt +%, naturally paying someone else's loan is not going. Do I understand that the buyer having a GD and DKP will be able to reorganize themselves? Or all the same arrest is imposed on a car and who owns them at the moment does not care about anyone - reg. Applications are not possible? Thank you

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 it. 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 Also must 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.

If earlier the presence of a car was more luxury, now it is required for convenience and work. Sale of transport is always associated with some problems, so some prefer to sell the car by proxy. What rights will receive the buyer in this case and how to warn itself from the risks associated with buying and selling, we will tell in today's article.

What rights receive the buyer?

The sale of the car is possible by the General Power of Attorney. There is also an ordinary power of attorney, but it only gives the second side the right to simply use the car. If the document has a "general" prefix, then the person, in whose name it is decorated, receives the following rights to the TC:

• introduction of penalty and tax payments;
• tracking of technical condition;
• the right to control;
• the possibility of representing the principal in various organs, including in court, traffic police, etc.;
• to dispose of TC (lay, resell, change);
• registration of insurance.

In fact, the acquirer will have all the responsibilities and rights regarding its movable property.

Regulations and documents

Documenting a document on a sold car for organizations is 1,200 rubles, for individuals the cost of the service will be 800 rubles. Additionally, its certification will need to pay about 400 rubles.

To sell a car by proxy, it must be pre-arranged correctly. It is possible to make up hardly on the knee, indicating all the important data, but the previously specified document is valid only when it is certified by the notary. Of course, you can make it at home and bring to the office to assign, but more often people resort to the services of a notary, which helps to accurately make it directly in the office.

For the sale of a car according to the general power of attorney, it is not necessary to attract the buyer for this official paper, just bring with you required documentsFrom which the necessary information will be taken. Their list is:

• registration certificate;
• passports of both parties (allowed to provide the principal simply accurate data or a copy of the passport);

Validity

If you want to sell your car by attorney, then the first thing you need to know is the timing of a similar document. Many people have long known that the maximum period that it acts is 3 years, but these data are outdated. Amendments in 2013 made a possible principal, and in our case at the same time the seller, indicate any sense of its action. Of course, it is necessary to specify it within a reasonable.

If a power of attorney does not specify the period, during which it will be valid, then the legislation is applied, prescribed in Art. 186 of the Civil Code: Official Paper remains in force throughout the year.

Must be sure to afford the date of its conclusion, otherwise it will simply have a legal force.

When buying a car by proxy, the buyer will be able to use it not only alone, but also to refer it right, for example, to anyone from relatives. In this case, the document should be the corresponding mark of the presence of the right of handover. But it must be remembered that the termination of the main document will entail cancellation and the second, which by the car by a third party.

You decide to buy, they say, car by proxy and save money on the design, because you will not have to pay tax for his purchase. In this case, it is better not to postpone the re-registration for a long time, otherwise the risk remains to lose its own property. In GK, a number of cases are provided when the action of the document ceases early, regardless of what time it was spelled out. Their list is presented in Art. 188:

• cancellation of paper by the principal;
• initiation of bankruptcy procedure (new foundation);
• recognition on the court of the principal missingly missing;
• reorganization or liquidation of JUR. Persons if she trifted the car instead of selling;
• the death of a citizen who trusted the car, restricting it in legal capacity and legal capacity.

Unfortunately disappearance, deprivation of a greater and legal capacity, the death of a trustee is also the grounds for the termination of this official paper. That is, if something like that suddenly happens to the buyer, none of his relatives can inherit the transport acquired in this way. This transaction will be considered a feigned, so if the buyer does not go to meet, then it is necessary to prove that this property will have to be in court.

Features of the transaction

Previously, to sell the car on the general power of attorney preferred many owners, since the owner was waiting for the exhausting procedures for removal from accounting, re-registration, standing in queues and spending a huge amount of time.

And this document gave the buyer the right to appear on the traffic police to re-register the transport, i.e. the seller was released from the need to be present at all these stages, it was enough to visit the notary.

At the moment, for car owners who want to learn how to sell their car by general power of attorney, all conditions have been created for a comfortable deal, namely:

1. The traffic police checkpoints in some cities work around the clock.
2. There is an opportunity to submit documents and entries to receive through a special emission electronic portal.
3. The procedure for issuing a contract of sale has simplified. At the moment, it is enough for a form or independently pick up DKP, sign it and transferred to one side of the cash, and the second is a package of documents and keys. None in any state registration or certification of the notary does not need a deal.
4. From the seller, the obligation to appear in the MREO to remove the vehicle from the register. Simultaneous removal and registration is already carried out by the buyer, which appears in the nearest department.

All favorable conditions for the purchase and sale of transport with the design of the DCT are legally created. Thanks to the simplified procedure, it can be implemented in the shortest possible time.

Benefits of selling a powerport of proxy

It turns out that the need for a similar imaginary transaction actually disappeared? To date, is it possible to sell your own car on the general power of attorney and why do you need to make the contract, is there any advantages in this case?

Of course, they remain, but no longer significant. So, the design by proxy is beneficial in the following situations:

1. At the time of buying expensive carsTo avoid tax payments related to the acquisition of DCP.
2. The need for an urgent transaction, when urgently need to purchase transport, but both sides are very busy or departed on the trip. In such cases, it will be enough to enter the acquirer to insurance, and the remaining actions on re-registration will be able to postpone, since it is possible to drive only 10 days.
3. There are shortcomings in the car, when it is not possible to sell it under the contract of sale. We are talking about replacing any important details, for example, as a result of an accident, which led to the mismatch of numbers on parts and in documents.
4. There is no owner of the TC.

What are the risks?

Sale of your car in general power of attorney in some cases is a risk. Most often, such a situation can cause such difficulties:

1. If the buyer is unfinished, then for the car sold various penalties and taxes will have to the owner. That is why it is extremely desirable that the re-registration of the machine takes place in as soon as possible.
2. With any illegal actions, it will have to be explained with the authorities and to prove that, for example, at the time of the accident, transport was no longer in possession of the old owner.
3. If the car is hijacked, then on the shoulders of the principal can lie the responsibilities of searching and paying the tax for the missing car, and if they do not find it, then the need to utilize it.

In fairness it is worth noting that the acquirer risks and the purchase of a car, too, can also deprive his purchased property, will find the seller unclean to hand. As mentioned above, in the event of a divorce and need to share the property between spouses or in the event of death, the new owner will be without transport, which honestly paid.

It is possible to lose the vehicle if the bailiffs arrest him for the debt. It turns out that even if the seller suddenly wants to withdraw the power of attorney - the new owner will automatically lose the purchased car. Therefore, for ourselves, everyone should decide how it is in his case that the risks described are justified whether their advantages of such acquisition of the vehicle are outweighed. Perhaps, it is still worth thinking and conclude a sales contract, especially recently, the legislation regarding the design of the DCC and the reissue of the machine significantly softened.