How is an invoice certificate issued in Belarus? Is it possible to cancel an invoice? I sold a car using an invoice, will I still be the owner of the car?

Transferring ownership of a vehicle involves completing some bureaucratic procedures and complying with a number of formalities.

Cars are classified as movable assets. Despite this, transactions for the sale to an individual or urgent purchase of a car are subject to state registration. Obviously, the legislator’s requirement is due high cost vehicles, as well as potential danger borne by its operation.

You can officially register the purchase of a car using one of two documents: invoice certificates, sales agreement. Any of them serves as the basis for registering the car with the traffic police for the new owner.

Some people mistakenly believe that the documents that can be used to formalize the sale of a car include a power of attorney. This is wrong. Legally, the attorney does not become the new owner, but only acts on behalf and in the interests of the owner of the car.

The considered methods of re-registration of a car are available to different categories of sellers

In most cases, the certificate invoice is used by car dealerships and other business entities represented on the car commission trade market. The status of a private entrepreneur or legal entity is mandatory for them.

The following documents are required to issue an invoice::

• general passport or other identification documents of both parties to the transaction;
• notarized power of attorney from the buyer and seller, if they act through an attorney;
• registration certificate with a mark indicating deregistration.

Once the invoice is issued, the buyer is given the original, and the seller is given a copy of this document. In case of a dispute with tax authorities or representatives of the traffic police, it is important for the seller to receive and keep the commission sales agreement. In addition, the seller must check that the mark is placed in the registration certificate. It includes information about the sale, as well as the seal of the business entity that issued the certificate-invoice.

The good thing about this method of completing a transaction is that does not imply the need for the seller to arrive at the traffic police. Being the new owner of the car according to the invoice certificate, the buyer can arrive at the traffic police alone.

Imperative rule: 10 days are allotted for state registration from the date of drawing up the invoice certificate.

After registering your car, you must take out insurance.

Important: it is possible to restore a lost invoice certificate, change or terminate a purchase and sale agreement drawn up with this document only in the organization that issued it.

When a used car is sold by one private person to another without intermediaries, a purchase and sale agreement is drawn up.

It is a written agreement under which the seller transfers the vehicle to the buyer, and the buyer, in turn, agrees to pay the seller a pre-agreed amount of money.

There is no single sample of the contract in question. The requirements for its form and content are set out in the Resolution of the Ministry of Internal Affairs of the Republic of Belarus and Presidential Decree No. 543.

The validity of the agreement is subject to the condition that the parties reach consensus on all legally significant issues. It is noteworthy that agreements are made in simple written form. They are not subject to mandatory notarization.

You can draw up an agreement yourself, using a sample from the Internet or the one posted in each traffic police department. There is no need to worry too much about the correctness of the legal wording. If the document is drawn up incorrectly, the traffic police will refuse to register the car on its basis.

If you encounter any difficulties with registration, you can ask the traffic police for help.

It is worth knowing the nuances of drawing up a contract

To ensure proper identification of the parties to the transaction, due care should be taken when specifying the personal data of the parties. In addition to your full name, you should enter the series and passport number. The data should be verified against the civil passport and technical passport.

It is equally important to correctly indicate the technical parameters and characteristics of the vehicle

This does not pose any problem. They just need to be copied from the technical passport. Minimum set: make, model, year of manufacture, chassis number, license plate.

If desired, the buyer can keep the plates that the seller drove, provided that these are new plates, and the seller and the buyer are residents of the same locality. The purchase and sale agreement must contain an assurance from the seller regarding the location of the alienated vehicle in his personal property.

The contract should refer to a document of title, for example, a deed of gift, a certificate of inheritance, or an exchange agreement.

The key condition of the transaction is the purchase price of the vehicle

The price agreed upon by the parties is indicated in numbers and duplicated in words next to it in parentheses. The price must be expressed in national currency. However, it can be floating and linked to the rate of any foreign currency. If this is the case, it is important to indicate at what rate and on what date it should be taken into account. This is especially important if the parties have agreed to pay in installments.

There is a practice of signing purchase and sale agreements with the condition of re-registration of the car after payment of the full redemption price. In principle, this is legal. Another thing is that general rule no one canceled the 10-day period for re-registration of a car.

If the parties submit to the traffic police an agreement signed more than 10 days ago, problems arise with re-registration of the car. It is not profitable for the seller to delay state registration for another reason.

The car is considered a source of increased danger

By default, the owner is responsible for the damage caused during its operation, and until the traffic police registers the transfer of ownership, he is considered the seller. If the buyer is unable to pay the seller immediately, you can go one of two ways.

1. The first is to postpone the conclusion of the contract.
2. The second is to re-register ownership on the basis of an unpaid transaction and, in the future, demand payment from the buyer, who is already the owner of the car.

The difficulty is this. If the buyer does not pay, he will have to terminate the transaction voluntarily or judicially, confiscate the car, carry out reverse re-registration and, if any, recover costs.

It is advisable to include in the purchase and sale agreement a written obligation from the seller regarding the absence of claims on the alienated vehicle from third parties.

Cars imported from Russia that are under encumbrance are often sold in Belarus. We are talking about litigation, arrests, unpaid car loans.

If the property is encumbered, the creditor has the right to foreclose on it regardless of the change of owner.

To protect themselves from this kind of trouble, it makes sense for buyers to check their car using all available databases. And in the contract itself, include the terms of a large fine and penalty collected from the seller in the event that the creditors of the seller of the car make claims against the new buyer.

One of the usual points of the deal under consideration is the rules and conditions for termination of the contract

In principle, you can skip this point. If the parties have not established any rules in this regard, the provisions of civil law apply by default. Auto agreement may be terminated by mutual agreement of the parties or in court. The basis for forced unilateral termination of a transaction is usually a gross violation of the terms of the transaction, for example, failure to make or untimely payments on installment payments.

If desired, the deal can include a force majeure rule

In practice, the purchase and sale of a car is often formalized by a notarized power of attorney. It is worth understanding that it is not a document mediating the transfer of ownership. The actual seller continues to be considered the owner of the car.

Moreover, the attorney is considered to act on behalf and in the interests of the owner. Accordingly, the principal may at any time revoke a previously issued power of attorney without specifying reasons. A car sold by proxy formally does not cease to be the property of the actual seller. In the event of his death, such a car will become part of the hereditary estate (On the rules of inheritance of a car ().

At any time, it may be subject to foreclosure on claims addressed to the seller. We are talking not only about a car loan, but also about other requirements, for example, to pay a mortgage or alimony. By registering the sale with a power of attorney, the alienator also runs a big risk.

IN in case of an accident, traffic violations and other problems, all claims will initially be addressed to the seller.

It seems that the latest scandal with invoices did not pass without a trace. A new version of Decree No. 504 “On some measures to streamline transactions for the alienation of vehicles” has been submitted to the Presidential Administration for consideration, where the concept of “invoice-certificate” is completely abolished. All transactions for the alienation of cars are planned to be carried out only with the drawing up of a purchase and sale agreement.

The first paragraph of the decree, even in its current edition, directly stated that transactions between individuals must be carried out “in simple written form by drawing up contracts taking into account the requirements of this decree.”

According to the draft document, the text of which is available on the website, clause 1.4, regulating transactions between individuals and legal entities or individual entrepreneurs, is stated in a new edition: “the subsequent alienation of vehicles by individuals, legal entities or individual entrepreneurs, with the exception of legal entities and individual entrepreneurs carrying out trade in vehicles without their state registration is not allowed.”

What norm is prescribed in the current legislation:

upon alienation by legal entities and individual entrepreneurs (hereinafter referred to as trade entities) on the basis of a retail purchase and sale agreement for motor vehicles with an engine displacement of 50 cubic centimeters or more and a maximum design speed of more than 50 kilometers per hour, trailers for them, except side trailers for them motorcycles, wheeled tractors, trailers and engines for them, self-propelled vehicles and engines for them, as well as bodies, cabins, chassis, frames of vehicles and self-propelled machines (hereinafter in subparagraphs 1.5 and 1.6 - vehicles) by these trading entities is issued to the buyer, unless otherwise established by the President of the Republic of Belarus, an invoice certificate, which is a document confirming the conclusion of such an agreement.

As you can see, there is no such document as a reference invoice in the new edition of the document at all. But consignment stores will still be able not to register cars purchased under a commission agreement. Also, for transactions between legal entities and individuals, it is not necessary to register the purchase and sale agreement with the state registration authorities.

“Agreements concluded (...) between individuals and legal entities or individual entrepreneurs are drawn up in two copies and come into force from the moment of their conclusion, unless otherwise established by law or agreement,” the draft document says.

But individuals draw up an agreement among themselves in triplicate. One for the seller, the second for the buyer, the third for state registration authorities. The agreement is registered upon deregistration or registration with state registration authorities.

In addition, as already, settlements by legal entities and individual entrepreneurs with individuals, including under a commission agreement, as well as settlements by individuals with legal entities and individual entrepreneurs for alienated vehicles are allowed only in non-cash form.

Payments between individuals will continue to occur simply by transferring cash from hand to hand. But it is possible that in the future they may switch to non-cash payments here too.

According to the deputy head of the Belarusian Automobile Association Sergei Varivoda, who took part in the development of the new version of Decree No. 504, these changes have actually been discussed for more than two years.

— New edition The draft decree is a hard-won consensus of the parties involved in its development. If the project is signed, the protection of citizens during purchase and sale transactions and commissions will increase. On the other hand, the operating conditions for the shadow are deteriorating automobile market, while noticeable simplifications are being introduced for law-abiding players in the automotive market,” the expert assessed the final document. — New project The decree will make it possible to legalize cash flows during the purchase and sale of cars. However, more importantly, both buyer and seller are now in a more secure position. Standard forms of contracts will be developed by the Ministry of Justice, but it will remain possible to finalize them.

What does the abolition of invoices mean for “outbidders”? Of course, this “business” is unlikely to die overnight. Most likely, it will return to its original state, when resellers registered cars in the names of their closest relatives and friends. But this is inconvenient, and the required number of relatives is not always available. Legalization and paying taxes is an option that not everyone likes.

For those who are simply selling or buying a car, the situation also does not add convenience: the buyer and seller cannot do without a joint trip to the state registration authorities. And although the purchase and sale agreement does not eliminate all problems, it reduces the risk of fraud to a minimum.

After the publication of the decree, the Council of Ministers of the Republic of Belarus will need to ensure, within six months, that legislative acts are brought into compliance with this decree and take other measures for its implementation. After this, the remaining provisions of the decree in the new edition will come into force.

How to complete a car purchase and sale transaction? Certificate – invoice and sales contract, what is the difference? Which document inspires confidence? How long is a certificate-account valid?

The desire to buy a car entails the collection of information on the preparation of this decision. It's not uncommon to feel nervous about buying a vehicle and make mistakes when making a deal. The most important thing is that the actions are legal and legally correct. Important documents that you should familiarize yourself with are the certificate - the invoice and the purchase and sale agreement.

What is a certificate - invoice?

Certificate - an invoice is an option for registering the purchase and sale of a car; it is a strict reporting form with a number of genuine features:

• Series and number;
• Watermarks;
• Microprinting.

The form is difficult to fake, and that is why it inspires confidence. You can get it from an organization that has been certified and licensed.

Certificate - an invoice serves as a necessary official document and is needed to register a car with the registration department of the traffic police. It confirms ownership of the property, and when a transaction is completed, it certifies the purchase of a motor vehicle from a consignment shop or car dealership.

This consent of both parties, filled out by hand, is an alternative to a purchase and sale agreement. In a three-way transaction, there may be a store that acts as an intermediary. The main persons are the seller and buyer of the car, not the store. He has no responsibility for the condition of the received vehicle.

Tasks of the intermediary store:

• Search for potential buyers;
• Presentation of the machine;
• Certification of the transaction in writing.

Both parties to the agreement have the right to keep one copy of the document; this is necessary, but depends on the wishes of the parties. Basically, the document is produced in a single copy and remains with the buyer. Other persons participating in the transaction can only receive a copy certified by a notary.

Differences in the concepts of “purchase and sale agreement” and “certificate - invoice”

The purchase and sale agreement is reliable because it is certified by a notary. He, in turn, must carefully check some points regarding the car:

• Availability of debt, fines, liens on the vehicle;
• If the seller is married, then the consent of the second spouse to the transaction;
• If the seller has a power of attorney for the car, then the authority to make the sale is checked;
• Legal capacity and freedom to express one's wishes.

The disadvantage of drawing up such an agreement is the cost, which will be higher than purchasing a certificate - an invoice. In addition, you must register the car within 10 days from the date of the transaction.

As for the certificate - invoice, the intermediary company is not obliged to check the accompanying information. This means that there will be no checks like a notary and after purchasing a car, the buyer may face unplanned costs for the vehicle.

When making a purchase and sale transaction, you need to be a very attentive buyer; reading literature on the topic will be useful preparation when dealing with unscrupulous sellers.

Validity period of the certificate - invoice

From August 1, 2009, by Decree of the Government of the Russian Federation dated July 26, 2009 No. 562, the car registration process was changed. Certificate - the invoice was canceled, and all actions for the purchase and sale of cars were assigned to the purchase and sale agreement. Because of these changes, many who have this document are wondering if it is valid? A form issued before the end of July 2009 is valid for an indefinite period as long as you are the owner. Certificate – the invoice has no statute of limitations.

Lawyers believe that the certificate-invoice was only a confirmation of the transaction by the intermediary. The document did not show the freedom of decision of both parties to agree to buy or sell. It confirmed the mutual transfer of the car and funds for its purchase, so the certificate-invoice looked extremely suspicious.

1. Sales and purchase agreement

The most common way to sell a car continues to be purchase and sale agreement. The option is convenient in that the document can be drawn up and agreed upon either independently or by contacting the traffic police. There, in addition to re-issuing documents for a car, for an additional fee, assistance is provided in drawing up applications, contracts and other papers.

a. Deregistration of a car

It is most convenient for the seller and the buyer to carry out all actions to re-register a car simultaneously. When a buyer is found, the parties go together to the traffic police station at the seller’s place of residence on the appointed day. The seller fills out an application of the established form for deregistration, the buyer fills out a similar one for registration. It is important to remember that after deregistration, transit numbers are issued and three months are given to sell the car. After this period, driving a vehicle is prohibited. You can sell your car after three months.

From January 21, 2019, in accordance with the Resolution of the Council of Ministers of the Republic of Belarus dated October 18, 2018 No. 747, you can deregister a car at any branch of the MREO of the State Traffic Inspectorate. Previously, it was possible to deregister only at the place of registration of the car owner.

b. Registration and signing of the contract

To save more time, the seller and buyer can draw up a purchase and sale agreement independently before coming to MREO. Notarization is not required. The document is drawn up in free writing, at the same time, you don’t have to reinvent the wheel and use the form proposed by the traffic police. The agreement begins after it is signed by the parties, unless otherwise specified in time. A signed contract is required register with MREO.

c. Documents

In order to deregister a car or re-register a car to another owner, the seller and buyer need the following: documents:

1. application (seller and buyer) - filled out in advance or at the traffic police;
2. passport or other identification document (seller and buyer);
3. technical passport;
4. numbers (registration plates);
5. purchase and sale agreement in four copies (one remains with the traffic police at the place of purchase, the second with the seller, the third is needed for registration with the buyer, and the fourth, actually for the buyer himself) - filled out in advance or at the traffic police;
6. certificate of inspection of the vehicle by traffic police officers (reconciliation of numbers) - the seller goes to the traffic police;
7. receipts for payment of state duty - paid at bank branches near or at the traffic police station itself.

After completing the purchase, the buyer should immediately register civil liability insurance(the field where the registration plate is indicated remains temporarily empty). This can be done on site. The traffic police has representatives of insurance companies.

Important! The document confirming the technical inspection is not transferred to the new owner of the car. In accordance with the current version traffic rules car with transit numbers must undergo technical inspection.

d. Re-registration without changing numbers

If the seller and buyer are registered in the same locality, the car can be re-registered according to a simplified scheme.

When deregistering a car, “transit” numbers may not be issued if both parties to the transaction apply together to the traffic police. In principle, in this case the vehicle does not need to be deregistered. It is transferred from one owner to another.

An important clarification is that only owners of a new type of registration plate (not red) can undergo re-registration while keeping their license plates. If you purchase a car in Minsk, residents of other settlements can register a purchase and sale agreement in the capital's MREO of the State Traffic Inspectorate in Zhdanovichi.

After purchase new owner the vehicle must register it at your (at your place of registration) traffic police department within 10 days from the date of purchase.

2. Invoice certificate

Many car owners prefer to sell their car without a trip to the traffic police MREO. To do this, they arrange with the buyer invoice certificate, which is the basis for registering the purchased car. The document is a standard form in which legal entity or individual entrepreneurs with a license to sell cars, confirm the fact of purchase vehicle.

a. Deregistration of a car

In order to register a commission purchase and sale of a car and receive an invoice, the vehicle must be deregistered.

b. Registration of a certificate

The certificate can be issued by a legal entity or individual entrepreneur who has a license to sell cars. The received document allows you to register the purchased car with the traffic police.

The invoice certificate should be drawn up at the organization’s office, since if it is necessary to cancel it, this must be done in the same place. There are cases when " shell companies» are created for a short period and then liquidated. Therefore, it is advisable to check how long a legal entity or individual entrepreneur has been issuing invoice certificates.

c. Documents

To issue an invoice, the following is required: documents:

1. passport (seller and buyer) or a notarized power of attorney for the right to sell or purchase a vehicle;
2. technical passport with the note “deregistered due to sale (alienation).”

d. Peculiarities

After issuing an invoice, the car seller receives a commission sale agreement for the vehicle and a copy of the invoice; buyer - original invoice certificate, agreement and a note in the technical passport about the sale with the seal of the organization or individual entrepreneur who issued the certificate.

The buyer is obliged register purchased car within 10 days, and immediately take out civil liability insurance.

e. Cancellation of an invoice certificate

If you change your mind about buying a car, or the seller changes your mind about selling it, the invoice certificate can be cancelled. To do this you need:

1. Consent of seller and buyer.
2. Only the legal entity or individual entrepreneur who issued it can cancel an invoice certificate.

Often, “outbids” work according to this scheme. They do not operate as official car dealers or consignment shops, so be careful. According to this scheme, you sell your car to such a reseller. He doesn’t register it, but is looking for a new buyer, maybe touching it up and thoroughly preparing it for resale, etc. After a new buyer is found, he, with your consent, asks to cancel the certificate and issue a new one between you and the new buyer. Thus, he himself does not seem to participate in the transaction, he receives remuneration, most likely does not pay taxes, and certainly does not issue checks.

3. Deed of gift

In the case of close family relationships between family members (husband, spouse, parents, children, adoptive parents, adopted children, siblings, grandparents, grandchildren), the car can become the property through registration gift agreement. Before visiting the traffic police, it is drawn up and certified by a notary office.

a. Deregistration of a car

By the time the donation agreement is completed, the car must be deregistered. The procedure is standard, described above.

b. Registration of deed of gift

The form of the agreement is free, however, given that the document is certified by a notary, it is better to contact a specialist to draw up the document.

c. Peculiarities

If the testator and heir are registered in the same locality, and the car has not been deregistered, a simplified re-registration option is possible while maintaining the current registration plates. There is an option to register a gift agreement for a stranger, but in this case the tax will be calculated and paid. A more preferable option is a purchase and sale agreement.

4. Other special cases of re-registration

a. To a relative, father

In case close family relationships The most preferable option is to issue a deed of gift. When registering persons in one locality, a simplified re-registration of the vehicle is possible. The procedure is described above.

b. Due to the death of the car owner

In case death of the car owner the right of ownership passes to the legal heirs in the prescribed shares. After 6 months from the date of death, all heirs simultaneously re-register the vehicle with the traffic police according to the procedure and with the documents described above. The car is registered to one owner (by agreement), but its owners are several persons (in accordance with shares).

c. If the car is not running

Quite often, vehicles that are not running are sold. It is impractical to move them to the traffic police location to verify the license plate number and inspect the car. In this case, you can order a paid service from the traffic police to have a specialist visit the location of the vehicle. Its cost is 0.4 base units.

5. Where can I re-register a car in Minsk?

In Minsk, registration and re-registration of vehicles is carried out according to the following addresses:

a. st. Timiryazeva, 123, (TD “Zhdanovichi”) – registration of contracts, registration, deregistration. Opening hours: Tuesday-Saturday (8:00-18:00).

b. st. Serova, 1 (JSC Minsk-Lada) – registration of contracts, registration, re-registration, deregistration and obtaining “transit” numbers is not possible here. Opening hours: Tuesday-Saturday (8:00-17:00).

6. Sale by general power of attorney

Remember: such wording does not exist in the law. This is fiction. A relic of the 90s.

If someone offers you to write a power of attorney for the car and give you the keys - know. Such a deal ILLEGAL.

In this case, the true owner of the car - the one with whom it is registered - can put the car on the wanted list and claim it from you as his property. As a result, you can lose both money and car.

From the seller’s side: although you sold the car, if the buyer, under a power of attorney, gets into an accident, you will be held liable as the owner of the high-risk vehicle. To put it simply, you will be subject to lawsuits for moral damages.

7. Cost of services for registering and deregistering a car:

1 basic amount – for issuing a vehicle registration certificate (technical passport)

0.05 of the base value - for issuing a document (certificate) on passing a state technical inspection (attachment to the vehicle registration certificate)

1 basic amount – for state registration of a motorcycle, moped

2 basic amounts - for state registration of a car

1 base amount – for state registration of a trailer, semi-trailer (in case of issuing a new registration plate)

10 basic values ​​– in case of selecting registration plates with the desired combination of numbers and letters

60 basic values ​​– in the case of individually manufactured registration plates with the desired combination of numbers and letters.

When deregistered:

1 base amount – for state registration of cars temporarily admitted to participation in traffic(in case of their further use)

0.08 base value – for filling out an application

0.04 base value – for computer services

Keep in mind that a used number costs twice as much as a new one.

Your questions and my answers:

1. If more than 10 days have passed since I bought the car, and I haven’t had time to register it, what will the fine be?

Answer: in practice there will be no fine, but it’s better to call your traffic police MREO and find out. I bought a car in Minsk, it required serious repairs, it needs to be registered in Borisov, the Borisov traffic police assured me that I could repair my car for at least six months, it doesn’t matter to them - they don’t give a fine. And so it happened.

2. What is better: an invoice or a sales contract?

The purchase and sale agreement is drawn up by the traffic police right during the transaction, so I personally have much more confidence in it. You issue an invoice certificate from an unknown individual entrepreneur, and whether you will be able to register the car or not big question. What if the car is under arrest and the seller hid it? What if the car is stolen? Of course, a purchase and sale agreement will not protect you 100% from a fraudster either. So, for example, if a fraudster sells a car immediately after the seizure (this, by the way, is a criminal offense), then the traffic police simply will not have time to receive this information and everything will be clear when registering.

The Ministry of Internal Affairs of Belarus appealed to the Ministry of Antimonopoly Regulation and Trade with an initiative to take additional measures to protect the rights of citizens. Today, specific proposals have already been developed, the implementation of which will make the car market more transparent, and the life of swindlers and illegal outbids will become noticeably more difficult.

In particular, it is planned to restore order in the work of individual entrepreneurs who issue invoice certificates with certain violations.

Individual entrepreneurs who issue invoices at car markets and are ready to come when called at any time of the day, as a rule, are engaged in the sale of only the documents themselves, but not cars.

– Often, without even seeing the seller and the car, not to mention the owner, on the basis of the latter’s passport data they draw up a purchase and sale transaction, thereby allegedly guaranteeing the transfer of ownership, not fully realizing that they have taken on the burden of responsibility for the purity of the transaction , said Deputy Head of the Main Criminal Investigation Department of the Ministry of Internal Affairs Alexey Malakhov. – Later, when trying to register a car with the traffic police, it often becomes known that the passport with the owner’s details is either lost or counterfeit, and the car is put on the wanted list as stolen. At the same time, there is no information about the actual seller to whom the money was transferred; it is difficult to find him.

The Ministry of Internal Affairs notes that when a dispute arises about ownership and there is a requirement to transfer a car to the person from whom it was stolen, the courts often make decisions not in favor of buyers who mistakenly consider themselves to be in good faith.

These facts indicate that traders, pursuing the goal of making a profit for issuing invoice certificates, do not think about the damage that, through their mediation, is caused to car buyers by the criminal actions of fraudsters.

You cannot purchase a car using only an invoice and a photocopy of your passport.

The first thing the buyer must do to protect himself is to complete the transaction without violations in the presence of the seller, for example, in the registration department of the State Traffic Inspectorate. If the car is not registered in his name, then after inspection and making a decision to purchase, you must ask the seller to contact the actual owner and go with him to the traffic police. If the owner “fell ill, urgently flew to America for permanent residence, is free only in the evening,” when government agencies are not working, and so on, this should immediately alert you! Buying and selling a car is not so commonplace that you treat it like going to the grocery store. If the owner cannot actually be present at the transaction for objective reasons, you can issue a power of attorney to the seller, and he and the buyer will visit the traffic police. But when the seller tries by all means to avoid this and offers to complete the transaction solely on the basis of an invoice and a photocopy of the passport, there is clearly something wrong here.

Also, the buyer is not insured against deception even with the option “today you give me money, I’ll give you a car, and on the weekend we’ll go to the traffic police and arrange everything.” After that, he can turn off the phone and disappear.

Who can issue invoice certificates?

According to the law, the right to issue invoice certificates is given to car houses, consignment stores, car dealers or entrepreneurs who are registered in the prescribed manner, are engaged in the sale of cars and, in addition, check their technical condition and the absence of a dark past. Having carried out all these procedures, trading entities are responsible for the cars sold. If problems are identified after the transaction, claims can be made in accordance with the Law of the Republic of Belarus dated 01/09/2002 N 90-Z “On the Protection of Consumer Rights”.

Even the traffic police cannot guarantee that the bank will not claim the car.

However, recently, even a purchase and sale agreement drawn up in accordance with all the rules at the registration department of the traffic police does not guarantee that after some time the car will not be claimed by, for example, the bank with which the car is pledged.

What should the owner of the disputed car do in this situation?

– Criminal investigation officers are aware of the situation with the sale of pledged cars from Russia on the territory of Belarus, which received wide publicity at the end of November last year. At the same time, Russian law enforcement officers have not yet contacted us for any assistance, including in detecting, inspecting the vehicles in question, or interviewing their owners,” the Interior Ministry official noted. – It is possible that the situation will develop in two directions: the mortgagee banks will apply to the courts for the return of their property within the framework of civil proceedings, as well as contacting the police to give a legal assessment of the actions of the persons involved in this story and, possibly, to initiate a criminal case for fraud.

In such cases, during a property dispute in court, a transaction executed with violations will be declared invalid, and there will be no question of recognizing the buyer’s good faith. After the car is seized and transferred to the pawnbroker (bank), the buyer will write a statement to the police with a request to find the unknown person who sold him the car, so that he has someone to recover the losses from. The police will take all measures to find him, but this may take time. If the car was re-registered according to the rules, it will not be difficult to trace the entire “seller-buyer” chain. Then, in court, the transaction can be canceled and the property and money can be returned to the original owners. But here another nuance arises: many people stipulate an underestimated transaction amount in contracts. In this case, you will only be able to recover the specified amount.

1. Hassle-free and legally clean cars cannot cost significantly less than the average market price. Don't let the attractive price put you off your guard;

2. By completing a purchase and sale transaction in accordance with the law, you significantly reduce the risk of being deceived;

3. Compare the VIN code on the car body and in the documents (surprisingly, many do not do this), verify the identity of the seller and owner;

4. Before purchasing, check the car you like using all available methods on the Internet, in particular on the websites www.reestr-zalogov.ru and www.gibdd.ru;

5. Ask the seller provocative questions, take a more experienced friend with you to inspect the car and negotiate, contact a car selection and consignment company that works in strict accordance with the law and takes responsibility for the product.