The law allows for the sale of cars. The process must be formalized accordingly. This year, the current legislation has undergone major changes. This was done to make existing methods of fraud impossible to implement. Not all drivers are aware of the adjustments made. Experts advise to figure out in advance how to register the purchase and sale of a car according to the new rules in 2019.

Today, you can sell your own car yourself or with a general power of attorney. The transaction is concluded on the basis of a purchase and sale agreement.

In the process of carrying out actions, you will need to prepare a package of documentation. The sold car must be re-registered to the new owner. In this case, there is no need for deregistration. There is also a set of other innovations. To find out all of them, you should familiarize yourself with the latest information in advance. About how the car is sold according to the new rules, about the package of documents that will need to be prepared, as well as about the features of registration vehicle Let's talk further.

Today, you can formalize the sale of a car in two ways - using a standard purchase and sale transaction and using a general power of attorney. In the first situation, the seller and buyer enter into a simple written agreement. The mechanism for selling a car under a general power of attorney is simple. A document is drawn up regulating the transfer of the rights of one of the parties to a third party. It will act on behalf of the seller or buyer. The procedure for selling a car between individuals under a general power of attorney is associated with a number of additional nuances and risks. The likelihood of fraud increases. Therefore, purchasing a car under a general power of attorney is highly not recommended.

Before signing a car purchase agreement, it is worth finding out whether the previous owner of the vehicle intends to retain the license plates. If yes, then the person must contact the traffic police and draw up a statement in accordance with the established rules. The seller and buyer can then proceed directly to the sales process. The fact confirming the conclusion of the transaction is the car purchase and sale agreement. It does not require notarization. The transaction is concluded in simple written form.

The law does not impose restrictions on the frequency of sales and time of purchase and sale of vehicles. Any citizen has the right to draw up and sign any number of contracts during the year.

If the parties find it difficult to draw up a car purchase and sale agreement on their own, you can contact a lawyer. The specialist will draw up the document in accordance with established rules. However, a fee will be required for his services. During the transaction process, it is necessary to prepare a package of documents.

The owner of the vehicle is obliged to provide:

• passport of a citizen of the Russian Federation;
• registration certificate.

The list of papers for buyers is smaller. The person acting in this role must present a passport and purchase a compulsory motor liability insurance policy. The law allows information about the buyer to be included in the seller’s current policy if such an operation is provided for in an agreement concluded with the insurer. The information will be included in the PTS, as well as in the registration certificate.

The purchase and sale agreement for a new vehicle is drawn up in 3 copies. It must be supplemented by the vehicle acceptance certificate. The seller and buyer participating in the transaction each receive a copy of the contract. 3 copy is provided to the traffic police. It is required during the car registration process. Information about the buyer will be entered into the PTS. The law does not impose any special requirements on the specifics of drawing up a purchase and sale agreement. However, the paper regulating the transaction must comply with generally accepted rules of document exchange.

When filling out the form for the purchase and sale of a new vehicle, you need to take into account the following rules:

• the period for transfer of the vehicle begins to be calculated from the moment the agreement is concluded;
• the information in the document should be reflected in as much detail as possible;
• You will also need to provide information about the documents for the car - registration certificate and title. This will subsequently simplify the procedure for deregistration and registration;
• the price of the car must be indicated in numbers and words;
• It is necessary to record a list of additional items that the seller transfers along with the car.

In the contract itself, the parties indicate the rights and obligations of each other. Composing the paper yourself can be problematic. Therefore, experts advise using a ready-made sample document and focusing on step by step instructions. This will avoid mistakes.

Car registration procedure

When the purchase and sale of a car is completed, you will need to complete the registration procedure. The action falls on the shoulders of the new owner of the car. He is obliged to contact the traffic police to undergo the procedure within ten days from the date of conclusion of the contract.

To register a purchase, you need to have a package of documents with you, the list of which includes:

• a completed application to contact the traffic police;
• PTS car;
• OSAGO policy;
• registration certificate;
• a copy of the vehicle purchase and sale agreement with the signatures of the parties;
• receipts confirming payment of the state duty.

The state duty consists of several parameters. A person who decides to buy a car will have to transfer money to the state treasury for the title, registration certificate and license plates. IN total you have to pay 2000 rubles. If the car still has old license plates, you do not need to provide funds for their repurchase. In this situation, the state duty will be reduced to 500 rubles.

During the process of re-registration of the car, the traffic police officer will inspect it, and the inspector will check the application. Then new owner get the PTS back. The document will be stamped by the MREO. Additionally, a registration certificate and license plates are provided if they are renewed.

Do you need transit numbers?

Last year there were changes to the rules for removing and registering a vehicle. The detailed decision is due to the fact that the use of transit numbers issued upon transfer of a car provided the citizen with the opportunity to evade taxes.

Today, you can drive with temporary license plates only to avoid customs clearance. Registration can be carried out without deregistration.

This allows you to reduce the amount of time required to complete the procedure. Additionally new owner vehicle has the right to retain the old license plates.

Additional features of selling a car

If the PTS does not have a place to make an entry, the document must be updated before concluding the contract. The cost of the service is 500 rubles. You can pay the state fee at the bank or at terminals. Details for completing the transaction can be obtained on the traffic police website or during a personal visit to the organization’s office. According to the new rules, the purchase and sale agreement for a new car must contain an exact indication of the date of its conclusion. The transfer of the vehicle must be carried out on the basis of a signed agreement. The seller must transfer the registration certificate and title to the buyer.

Car resale is a fairly common phenomenon, despite the fact that this process entails a lot of documentary formalities.

Quite a lot of questions arise about how to resell a car without registering it in your name, because this is one of the most difficult moments.

It should be taken into account that the legislation of the Russian Federation tends to change very quickly.

It is necessary to study all the nuances of this process so as not to find yourself in opposition to the law.

The law regulates the procedure for registering a car, its timing and all possible nuances.

The order of the Ministry of Internal Affairs of the Russian Federation dated November 24, 2008 states that driving a vehicle that has not passed the registration procedure with the traffic police is strictly prohibited.

Violation is subject to administrative liability in the form of fines and more serious punishment for repeated violations.

But at the same time, when buying a used car, the owner cannot always immediately assess its disadvantages and advantages. Such a purchase poses a danger in that it will no longer be possible to return your purchase.

The former owner is unlikely to agree to take the car back, and he has every reason to refuse. That is why the question arises whether it is possible to resell a car without registering it.

In this case, the answer will be yes. After all, registering a car with the traffic police is the vehicle’s permission to travel on public roads.

The procedure is purely accounting and technical in nature. The driver becomes the owner on the basis of a purchase and sale agreement. The fact of non-registration does not affect ownership in any way.

The owner of the vehicle will remain the owner, regardless of whether the registration procedure has been completed or not. But you cannot legally drive such a car on public roads.

It is important to consider that, in accordance with the law, after purchasing a car, the new owner has 10 days from the date of the sale transaction to register or deregister the purchased car.

In this case, it is necessary to take into account the following nuances:

1. It is the buyer, not the seller, who is responsible for registering the car. Before the sale, the former owner is not burdened with deregistration of the vehicle.
2. You can register a vehicle in any region of the Russian Federation; now there is no connection to the buyer’s registration.
3. The new owner has the right to change license plates.

Thus, there is a possibility that it is possible to resell a car under a purchase and sale agreement without registering it. But this can only be done legally within a ten-day period.

It is not very easy to find a buyer in such a short period of time, but there is a way out of any situation.

Recent changes in legislation, the procedure for registering a car, has become much simpler. There is no longer a need to check engine numbers.

This delayed the process. On at the moment You can register your car within an hour.

But with the changes, government fees have increased significantly; they are mandatory for every owner who applies to the traffic police to register the purchased vehicle.

That is why owners are looking for an opportunity to resell cars without registering them. But there are other possible reasons for such actions.

In some cases, the first owner of the car has a need to sell the car without registering it with the traffic police.

This may be due to the following circumstances:

Sometimes there is a need to sell, without registering, not only a used vehicle, but also a new one.

Such a car may even have zero mileage. It could simply sit in the owner's garage without registration.

If the car had several owners, the situation will be completely different. Here resale of a car without registration may take place.

Such actions do not lose their relevance in 2019. At the same time, the schemes for how dealers arrange cars for resale may be different.

The procedure largely depends not on the buyer, but on the seller. The main ones:

• on the basis of a general power of attorney;
• under two purchase and sale agreements;
• by commission agreement;
• with registration for yourself.

Changes in legislation have only made the work of resellers easier. Now, in accordance with the law, there is no need to deregister a car before selling it.

Despite this, resale of a car without registration in a case where the car was registered with several owners poses a certain risk.

It can be caused by the following factors:

• the vehicle has been in a serious traffic accident;
• not everything is in order with the documents;
• was deliberately reduced upon sale real mileage TS with the aim of misleading the buyer and raising the price.

You should be vigilant with such a purchase. But the reasons for reselling a vehicle can be quite simple. For example, the buyer was in a hurry with the purchase and wants to get rid of it as quickly as possible.

If the buyer decides to resell the car without entering the title, then certain difficulties may arise. But still, it is possible to sell a car that has not been registered.

The purchase and sale agreement is the basis for proving that the buyer is the rightful owner of the vehicle.

This means that immediately after concluding the transaction, he can dispose of the car at his own discretion, including resell the car to another person with subsequent re-registration.

To do this, the owner simply needs to bring all the necessary documents for the car and consecutively concluded contracts. Which by law must be concluded within 10 days from the date of signing the first contract.

Based on these documents, traffic police officers will register the vehicle in the name of the last buyer and deregister it in the name of the seller.

But in such a situation, the question may arise of how to sell a car if it has already been deregistered. Problems may arise with traffic police officers. It will be difficult to explain to them that in order to dispose of a car, it is enough to prove the very fact of owning it.

Whether he is registered or not does not matter. In case of refusal to register, you will have to go through pre-trial procedures to have the car registered to the new owner.

If the owner of the vehicle knows in advance that there will be a sale without registration, then the title must include information about the previous owner and the person to whom the car is planned to be sold.

If the purchase and sale agreement was drawn up in the name of the owner, he must cancel it and enter into a new one with the next owner.

The car's passport must indicate that the previous transaction has lost its validity. To eliminate possible risk, the document must be canceled with the same number indicated in the technical passport.

If the PTS does not contain records about the new owner, then you can take the signature from the previous owner on the contract and a copy of the identity card. When selling, enter information about the new owner into the document.

Thus, you can resell a car without entering the title, and personal data will not appear in the transaction process.

Resale of a vehicle without registration is possible. Such actions are not prohibited by law, but this must be done within 10 days from the date of conclusion of the purchase and sale agreement.

After all, immediately after the transaction is completed, the buyer can dispose of the property at his own discretion.

It is possible to find a solution to any problem, but caution and vigilance must be exercised as legislation has not yet been fully finalized in this area.

Therefore, in some cases, problems may arise with the traffic police.

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16 comments

That is, if I bought a car, then within 10 days I can sell it to the new owner, without transferring the car to myself, by drawing up a purchase and sale agreement with him and giving him a copy of my purchase and sale agreement with the previous owner?

or do I need to follow the below scheme?:

ask the previous owner to cancel the contract and enter into a new one with the new one?

Should the PTS contain information about me? how to enter them?

Good afternoon Please tell me, we bought a car, it sat in a garage for 2 years without being registered, the contract is expired. Is it possible to sell a car without registering it?

Please tell me, I bought a car using a handwritten contract. The previous owner purchased it the same way, but did not register it with the State Traffic Safety Inspectorate. He used the car for 3 months. Can I register the car or will there be problems????

I bought the car in March, did not register it, resold it in August, the details of the previous owner and the details of the new buyer were entered into the purchase and sale agreement. Is this legal? Now the previous owners are trying to force me to rewrite the purchase and sale agreement in my name and take it to the traffic police. How can I explain to them that this is illegal?

• My car is under arrest. It was bought at a low price. He can’t deliver it because I can’t remove the arrest. Now he demands the money back instead of 150 thousand rubles. 200 thousand rubles. Although the contract was written for 100 thousand rubles. 6 months passed. They sued me.

  • In our country, arrest is often confused with prohibition. registration actions. If there was an arrest, then the contract is void. You will lose the trial. If registration actions are prohibited, it does not entail such consequences. Recognize ownership of the buyer. And the ban must be lifted. Although this will not be easy, because... In our country, arrest is very often confused with a ban on registration actions...

I bought a car half a year ago but didn’t register it. Now I want to sell it, what’s the best way to do it?

The PTS does not include all the documents and the purchase and sale agreement. There is no space in the PTS. The former owner took the agreement to the MFC so that fines and taxes are not pretentious. Can I sell the car. thank you

I bought a car using the DCP and it was registered in the title by me and the previous owner, but after a while he deregistered it because I didn’t register it, now they don’t register it, what to do next, tell me it has no license plates and the STS guys confiscated it

I bought a car after an accident under a purchase and sale agreement, the owner of the car did not register it, did not have time to register it because of the accident, she also has a purchase and sale agreement in her hands from the previous owner. It is included in the title and is signed by the former owner and the new owner. The previous owner deregistered the car. Can I register the car now after the vehicle has been restored?

If a few years ago selling a car by proxy was considered a rather risky undertaking, today the situation has changed dramatically. Registration of a transaction without re-registration occurs when an oral or written agreement is concluded, as a result of which the previous owner transfers the car for use to the new one as the owner by proxy.

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This event exempts the latter from the procedure of registering the vehicle in his name. At the same time, he receives almost all legal powers that allow him to do with the car at his own discretion.

Definition

If we talk in simple words, the seller exchanges the car for money, bypassing bureaucratic procedures:

• number replacement;
• receiving a new STS;
• making an entry in .

The buyer, in turn, uses the vehicle with almost all rights. In this case, a visit to the traffic police MREO is not required, especially since the transaction being concluded is signed unilaterally, that is, it can even be concluded remotely.

For example, money is transferred to the owner’s account, who issues a general power of attorney with a notary. It should be emphasized that there is a fee for notarization of a document, and the cost will depend on specific situations, which can be found in the table below.

Table. Notarization of a general power of attorney for a car.

Note! The abbreviated term UPiTh means a service of a legal and technical nature.

The information is presented on the basis of analysis, a document that is the main regulator of prices for notary services.

Is it legal

The legality of the transaction is confirmed by notarization, since an official representative of the state authorized to certify with his signature is unlikely to do this in violation of the law.

General power of attorney:

1. It is an official legal document recording the official delegation of one subject of the Russian Federation to another.

   

2. It can be used to conclude so-called transactions, both between individuals and legal entities.
3. The document has a number of restrictive and permissive conditions affecting both parties.

First of all, we should name the most significant of them for the trustee (buyer):

1. Receives the right to use, storage and maintenance TS.
2. Has full authority to pay taxes and represent the interests of the owner in most cases: insurance and CASCO, receiving payments or compensation, and so on.
3. Does not receive the right to re-register in one’s name or transfer to other persons as a gift, only under a similar power of attorney or purchase and sale agreement signed on behalf of the official owner.

When providing paperwork for certification, they may already be filled out, but it is not recommended to sign on them, since the notary may refuse to register such a document if he doubts its authenticity.

To avoid future possible problems, it is recommended to prepare one copy for each of the parties. This will make it easier to prove your rights to the car in case of litigation.

The validity period of a general power of attorney drawn up without indication is only 1 year; if it needs to be extended as much as possible, then the maximum permitted value is indicated in the corresponding column - 3 years.

After this time, the document loses its legal force, therefore, for the legal use of the machine, you will need to conclude another trust document certified in a similar way.

It is allowed to terminate it unilaterally, most often this can happen for the following reasons:

1. According to the personal beliefs of the principal.
2. The company acting as the principal ceased to exist as a taxpayer.
3. Death or recognition of incapacity of the principal or trustee.
4. If the trustee refuses to fulfill his obligations: payment of fines and taxes.

Thus, a general power of attorney may lose its legal force at any time. That is why it is recommended that if you sell a car in this way, you conclude a written purchase and sale agreement and have it notarized.

This will avoid a lot of problems, for example:

• in the event of the death of the trustee, the car automatically “returns” to the possession of the previous owner;
• relatives of the deceased can prove their rights to inheritance only by providing a document confirming the terms of sale, which is the above-mentioned agreement.

Reasons for buying a car without re-registration

In this case, the situation can be assessed both on the positive and negative side.

The advantage in this situation is the possibility of saving time and money that the buyer will have to spend on re-registration. This is where the advantages end.

There may be many more pitfalls hidden here:

1. The seller acquired the car in a similar way, therefore, from a legal point of view, he is not its owner, and therefore cannot sell it.
2. The car has certain defects that do not allow registration:
   • installation of a contract engine that does not have documents. As a result, at the moment the car is “outside the law”;
   • the frame or body has been replaced, respectively, the numbers do not correspond to the actual ones;
   • license plates are welded or damaged.
3. The car is a “copy car,” that is, there is already a car with similar body or engine numbers. Therefore, registration is impossible.
4. The car was imported from abroad in violation of customs rules. It has registration numbers of another state, it is allowed to be used for its intended purpose, but it is impossible to re-register it.

Pros and cons of the deal

When starting to list the advantages and disadvantages of this procedure, it should be emphasized that some of the information provided may be duplicated with that stated earlier.

First of all, it is necessary to note the release of both parties from liability to the state in reporting their rights to the car.

The seller does not pay income tax on the sale (if applicable to a particular situation), the buyer does not pay registration fees associated with the re-registration:

1. Making changes to the PTS – 350 rub.
2. Possible receipt of a new car passport (duplicate) – 800 rub.
3. Obtaining a new certificate of registration – 500 rub.
4. Possible receipt of new state numbers – 2,000 or 1,500 rub. for motorcycles, tractors, trailers and special equipment.
5. Walkthroughs – 400 rub.
6. Obtaining a new MTPL policy. If it is valid for a long period, you can additionally enter a new person who is allowed to drive a car.

However, despite the obvious and real financial benefit for both parties, such a transaction has a number of negative consequences that may affect both parties to the agreement.

Despite the fact that the car has actually been sold, officially (according to the papers) it remains the property of the seller. The buyer, in turn, does not even have the opportunity to re-register it in his name.

This condition is one of the main negative characteristics of buying a car without re-registration.

However, in addition to this, there are a number of equally pressing risks:

1. As mentioned earlier, there is a possibility of purchasing a car that cannot be said to be “legally clear”. The vehicle may be stolen, pawned, seized, owned, and so on.
2. The situation regarding the death of the buyer has already been mentioned; similar conditions may occur in the event of the death of the seller. The car automatically becomes an object of inheritance to his relatives, who may not be aware of the transaction made between the parties or will simply turn out to be hypocritical scammers and demand the return of the car legally. In this case, you may need a duplicate of the general document and a purchase and sale agreement confirming the sale.
3. A similar situation will happen in the case of a divorce proceeding through the court. The judge can transfer the car to the ex-wife, who will also need to prove her rights to the vehicle.
4. The power of attorney can be revoked at any time at the request of the owner.
5. Every 3 years after the conclusion of the transaction, it is necessary to look for the seller and ask him to draw up another power of attorney form and again certify it with a notary, paying for his services.
6. Separately, we should mention the purchase of a car at a general price from a foreigner. If he leaves the country, serious problems may arise with the preparation of the next document.

Such risks can await a buyer who agrees to a dubious deal to buy a car without re-registration.

If we consider the situation with the seller, he can also get into a lot of trouble:

1. First of all, this concerns the so-called “chain letters”. Since he is the owner of the vehicle before the state, receipts requiring payment of a fine will be sent to his address.
2. If a car gets into an unpleasant story regarding a serious violation of traffic rules or the Criminal Code of the Russian Federation, it automatically makes its owner the first suspect.
3. Tax payments are similar to the previously described procedure, and are also accrued to the official owner.

Therefore, before agreeing to such a deal with a stranger, it is necessary to carefully weigh all the advantages and disadvantages of the situation that may arise due to failure of one of the parties to comply with its obligations, most often given orally.

Such a sale may be the best option in the case of selling a car to close relatives, good friends, but not to strangers, especially to out-of-towners or foreigners.

Is it possible to register in the future in the absence of the owner and how?

It is impossible to officially register oneself. However, if you think logically, this problem can be solved, but this will lead to additional financial and time costs.

The procedure is as follows:

1. The authorized person cannot re-register the car in his or her name or donate it, but has the right to sell it. Thus, a purchase and sale transaction is concluded, where he acts as a seller, and a good friend acts as a buyer.
2. The latter registers the car with the MREO in the prescribed manner and resells it to the previous “owner” (trusted person).
3. He already has the right to re-register and will keep it registered, registering in the PTS as the owner.

Updated: 08/23/2019 7340

Is it possible to sell a car without the owner and not go to jail?

Good day everyone!

Today I will discuss with you a question that interests many: is it possible to sell a car without an owner and how to do it without breaking the law and in accordance with all the rules.

What do you think, is it possible to sell such a serious thing as a car without the consent and even without the knowledge of the owner? According to generally accepted logic, a negative answer suggests itself.

But in fact, this is quite feasible, especially after the legislation on buying and selling cars has been simplified in Russia. Another question is how adequately these opportunities are perceived by different people.

After all, you don’t just need to sell the car, but to protect yourself from all sorts of troubles in the future. It’s strange, but some people are firmly convinced that if there are some gray or even black loopholes in the legislation, then this is proof of their “correctness”.

On this subject I will say as a hint that:

• “You can” and “be careful” are not the same thing;
• Legislation tends to improve;
• Correctional facilities are not empty and there are more careless idiots than hardened criminals.

That's why I wrote an article on this topic slippery question, like selling cars without an owner. Let's look at this issue together to a certain clarity about what will be legal, what is possible, but carefully, and what is better not to do.

But despite such liberties, even if you have all the documents, there is no possibility of selling a car without the participation of the owner according to a scheme with a purchase and sale agreement, without breaking the law.

The owner will still need a signature on the PTS (vehicle passport) and on the DCP. Although in order to deregister a sold car, or even at the transaction itself, the personal presence of the owner is not necessary.

And in what cases during such a sale will the law be completely on our side?

Personally, I see two options so far:

• When selling under a general power of attorney;
• When sold as a result of a court decision.

By general power of attorney

Having a general power of attorney with the right to transfer and sell, you can legally sell a car under a purchase and sale agreement, acting as the principal’s manager.

Expert opinion

The seller will indicate in the purchase and sale agreement the true owner of the vehicle (according to the title), and the person signing the agreement under a general power of attorney will act as his representative.

Also, a car purchased under a general power of attorney not from the owner of the vehicle, by a person who subsequently died, is not included in the inheritance estate and is returned to the legal owner recorded in the title.

Let me clarify right away that with an ordinary handwritten power of attorney, it is impossible to legally sell a car without the owner, just as it is impossible to sell it without a power of attorney at all.

So, if your vehicle (vehicle) was purchased by you under a general power of attorney (GP), then you have the opportunity to sell it if:

• Your version of the general power of attorney provides for the point of selling a car without the participation of the principal - a general deed with the right to sell;
• You have a copy of the general power of attorney certified by a notary - it is required and taken by the traffic police when re-registering the car to the new owner;
• You are sure that there will be no problems from the original owner.

But quite often a situation arises when a general power of attorney needs to be replaced with a DCP in your name.

However, the whole point is that according to the legislation of the Russian Federation, the one who holds a power of attorney (trustee), any power of attorney - be it general or “cosmic”, does not have the right to make any transactions with what is entrusted to him (in our case, this is a car) in towards your loved one.

That is, you, having a “general license” (with the right to resell and transfer), can easily resell the car to someone (a third party) also under a general power of attorney or under a written contract (your choice). But you do not have the right to directly sell the car to yourself. This is the law.

Attention! A general power of attorney does not give ownership of the car to its owner and legally the previous owner remains the owner of the car. The authorized person (the one to whom the title deed has been issued) has the right only to dispose of the car entrusted to him, including extended (general) rights - the right of resale, transfer, and other powers entered into the deed of ownership by the owner.

How then do you act in such cases? But they simply resell the car to some individual or legal entity under the DCT, and then they buy the car back, also under the DCT. That's it, you are the rightful owner!

But not really...

The fact is that this kind of “knight’s move” is only conditionally legal. And the condition is the last item from the above list. That is, you must be sure that the principal will not make claims.

Otherwise, if he goes to court, then the legality of reselling the car to himself will be declared null and void and the entire chain of concluded DCTs will be cancelled. Like this. Well, if the owner of the car sells the car not to himself, but to someone else, then such a transaction will be valid and legal and challenging it in court is already very problematic.

As a result of the court decision

This option is much more troublesome. The need for it arises, for example, after the death of the owner of the car or, in some cases, his unknown absence.

Let's say you are a relative of the deceased owner of a car who did not leave a will, a deed of gift for the car, or even a power of attorney for it.

Then you must legally enter into inheritance rights for the existing vehicle, on the basis of which it will be possible to register it in your name and, accordingly, sell it. If you outsider, then you need to help your relatives do all this, and they can already register the car in your name.

If this is a matter of long ago (and a valuable rarity was found in the garage, for example), then any document confirming the entry of a relative into any inheritance will be sufficient for the court.

Expert opinion

Andreev Andrey Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

Worked at the International Court of Arbitration for 15 years, holding the position of Deputy Chairman. Extensive experience in claims work. Currently, she is involved, among other things, in disputes about traffic violations, compensation for damage as a result of an accident, bringing to administrative responsibility, drawing up claims and complaints.

If several heirs claim the deceased’s car, then you, as a potential heir, should draw the court’s attention to the fact that you have actually accepted the inheritance.

To do this, you need to present to the court evidence that you took possession of the inherited vehicle, took measures to preserve it, protect it from attacks and claims of third parties, and paid for it from your own funds. transport tax, provided vehicle maintenance and repair, etc.

Only immediate relatives of the first category have the right to sell the car of a missing owner (this mainly applies to spouses and sometimes parents).

For example, a certain woman had a husband who had a car. The husband disappeared somewhere for a very long time and his wife decided to sell the car. Then the woman will first have to get a divorce and then sue for the division of property.

If the husband does not come to the court hearing, he will be considered missing and all property will be awarded to the party present (spouse).

How to sell a car without an owner using a gray scheme

The gray sales scheme is based on the same confidence that the owner of the car will not object to the transaction in any case.

In this case, you can sell the car according to the scheme described in the article about, if you have a DCT form signed by the owner and his passport details. Then the contract can be completed at any time, with any conditions, unilaterally.

Expert opinion

Andreev Andrey Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

Worked at the International Court of Arbitration for 15 years, holding the position of Deputy Chairman. Extensive experience in claims work. At the moment, she is involved, among other things, in disputes about traffic violations, compensation for damage as a result of an accident, bringing to administrative liability, drawing up claims and complaints.

Before concluding, check the vehicle purchase and sale agreement for compliance with the requirements of civil law. Thus, it must contain basic information about the car being sold (make, model, year of manufacture, VIN, color, unit numbers, PTS No., etc.).

If you want to protect yourself when concluding a transaction, then it is better not to leave empty fields and unfilled forms in the contract. If, after the sale, one of the parties to the contract intends to correct something in the contract, pursuing illegal goals, then this can already be qualified as fraudulent actions (Article 159 of the Criminal Code).

There is also the option of certain establishments that advertise themselves online as having the opportunity to buy and sell any car, even one that has lost all its documents. The advisability of using the services of such places should be dictated by common sense and caution, especially when it comes to.

In any case, the price of a car sold in this way will be significantly lower than the market price.

As for the sale of cars using documents with forged signatures (mainly in the DCP and PTS), which has become quite widespread in the Russian Federation among outbid dealers, then you need to be especially careful because in this case you can fall under the criminal law (Article 159 and 327 of the Criminal Code of the Russian Federation - fraudulent actions and falsification of documentation).

Of course, if the situation allows it (for example, a person has died, he has no relatives, and the “general’s job” has ended), then this option can be used as an exceptional one, but ordinary people without the necessary connections should not abuse such schemes.

It is from such dubious transactions that people really like to make money, which only benefit if their victim herself breaks the law.

Expert opinion

Andreev Andrey Borisovich. Lawyer with 15 years of experience in the International Arbitration Court

Worked at the International Court of Arbitration for 15 years, holding the position of Deputy Chairman. Extensive experience in claims work. At the moment, she is involved, among other things, in disputes about traffic violations, compensation for damage as a result of an accident, bringing to administrative liability, drawing up claims and complaints.

If there is no real signature of the seller in the vehicle purchase and sale agreement, then this is the basis for recognizing the agreement as not concluded, and the buyer’s ownership of the purchased vehicle as not having occurred.

How are things going with all this in Ukraine?

At the end of the article, I decided to pay attention to the peculiarities of selling cars without the participation of the owner in Ukraine. In general, all the schemes that I described above are also applicable in this country, since the legislative framework of most territories of the post-Soviet space still remains very similar.

That is, you can use the same schemes in Ukraine as for Russia:

• By general power of attorney;
• Based on the results of a court decision.

But! But the world does not stand still, and in connection with well-known political events, according to the legislation of Ukraine, a “storm began to walk,” which is completely natural in such situations with a radical reformatting of the entire structure of the state structure.

This storm also affected automobile legislation. With the energy characteristic of Ukrainians in all sorts of changes and cancellations, along with the cancellation of the certificate-invoice (from November 19, 2015), the State Traffic Inspectorate (GAI) was abolished with MREO in addition.

Well, here I exaggerated a little: in fact, on World Toilet Day (there is such a holiday on November 19), the traffic police came under liquidation, and together with this service the spit went through the structures and rules associated with it. Among other things, the MREO and certificate-invoice were ordered to live for a long time.

Well, if the certificate-invoice, hated by many CIS motorists, was seen off to the grave with the expected applause, then the liquidation of the MREO raised questions among many lawyers.

This matter turned out to be very complicated and the final version of this reform is not yet clear. The functions of the MREO were transferred to the newly created MVD SC (Service Centers of the Ministry of Internal Affairs). It seems like they did the usual thing: they removed one thing and put another one in. But it's not that simple.

The fact is that the deceased MREO, according to Ukrainian legislation, was engaged in providing services to motorists in its specialized legal field. That is, this institution did what it was supposed to do and for which it was created initially.

And the new service centers are directly related to and subordinate to the structure of the Ministry of Internal Affairs, which is a body with completely different tasks and the provision of services to the population is not and should not be included in these tasks. Well, perhaps consider keeping prisoners or something similar a service.

Because of this, lawyers express concerns about the inconsistency of the legality of the activities of the SC of the Ministry of Internal Affairs and, consequently, the possibility of challenging in court all the documentation issued and approved by them.

It is not yet very clear what to do with all this, although officially Ukrainian motorists are assured that all sharp corners and inconsistencies will return to normal at the end of the reform process. Well, let's hope.

• Try to avoid, if possible, purchase and sale schemes under a general power of attorney, and always enter into a DPA;
• All documentation carried out under gray sales schemes must be filled out with one ballpoint pen.
• It is very desirable that the owner’s name in the State Duma and in the PTS match, as does his handwriting.

Conclusion

From this article, dear readers, we can conclude that, in principle, it is not very difficult to sell a car without the participation of the owner, but this is only if the transaction is approved by him or he is neutral about it.

Otherwise, you may find yourself in a big headache or even find yourself involved in criminal proceedings! Be as attentive and careful as possible in this kind of matter.

How did you sell a car without an owner and did everything go smoothly? Tell me and others about your experience in the comments. It will be interesting and useful for us to know about this. Well, if the information is interesting, or useful, or I just like it, then I will add it to the article indicating your authorship!

Let's take a break from serious topics and pressing matters. Look how the old guys beat the young guys in basketball:

With this I will say goodbye to you, dear visitors. For convenience, subscribe to the blog, share articles on social networks and don’t get bored, strive to be active and cheerful!

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Comments to the article: 41

Ruslan

02.05.2016 | 06:52

A very competent and necessary article. And all your other information. Where have you been before with your blog?

Olga

06.11.2016 | 00:41

Good day! How much can you trust the help of auto experts? Do they have any intention?

Alina

12.05.2017 | 10:12

Hello!

The question is: I have a car, it’s registered in my name under the title and in the DCP, now my husband wants to sell it, that is, take it from me, the question is: can he sell it without me and is it legal for other people to drive there for driving, you don’t have a license, deprivation?

Alexander

28.05.2017 | 23:24

Greetings, gentlemen! The car was wrecked by service agents. If I gave the car not running for repair to a private service, having receipts from the tow truck and confirmation of the transfer in writing from the person who accepted it. In general, I gave the car for repair not while running, they had an accident on it and disappeared with accident scene, I was at home at that moment. I wrote a statement to the police about this, the culprit has not been identified. The police are not acting, and the detective who was just driving disappeared, now the victim has filed a lawsuit against me as the owner and is demanding compensation... What to do in this situation?

I myself was left without a car and they are still hanging me Kia repair Rio 2013 350 thousand that in principle a whole car doesn’t cost that much...

Svetlana

05.08.2017 | 21:49

Good afternoon, I would like to ask, we bought a car from a reseller without its passport details, now the previous owner calls and says that the car is stolen, although the car is not listed as stolen, and the reseller is not available. Tell me what can be done in this situation.

Julia

21.08.2017 | 18:33

Good afternoon, can you tell me what kind of power of attorney should be issued for a car so that the common-law husband cannot sell it without me?

Christina

28.09.2017 | 01:43

It’s possible if the owner is a husband))) But mine knew, I was just doing sales, I have a talent for this) I know how to do it: I posted an ad, explained everything in detail, painted it, added a photo and after 2 weeks the money is in my pocket

Alena

04.11.2017 | 13:23

Hello, please tell me. I drive a car, the owner is my father, I drive legally, of course, I am registered insurance certificate, can I sell a car without his participation? Having his passport with me is acceptable, without having a power of attorney or his presence or gene is necessary. power of attorney?

Pauline

24.01.2018 | 21:13

Good afternoon, please tell me, two years ago my husband’s stepfather issued a general power of attorney for him, we gave him the money in cash, the husband had already sold the car, and today we received a letter that the stepfather filed a lawsuit because we sold the car and Don't we give him money for selling the car? Whose side is the law on?

Khan

16.03.2018 | 00:40

I bought a car through a purchase and sale. But the car has something wrong with the engine. Yesterday it was deregistered. Can I write a purchase and sale and sell it or what should I do without registration?

Alena

19.05.2018 | 00:01

Hello! I am a citizen of Ukraine, my car in Russia is registered as a citizen of the Russian Federation. Can I issue a power of attorney for myself and then sell the car using it? And maybe the question is off topic: can I travel abroad, including to Ukraine, in this car?

Maria

07.10.2018 | 08:39

Good morning! Please tell me if there will be any problems with registering the car: according to the documents, the last owner of the salon, the guy who is selling, did not register the car in his name, allegedly bought it as a gift, didn’t like the gift, is now selling it...

Alexander

25.10.2018 | 23:12

Good afternoon A mother-in-law in St. Petersburg inherits a car from her deceased husband, he was the only owner, it is included in the title, the car was bought before their marriage. The mother-in-law won't be able to sell the car.

Please tell me how can I sell this car in Moscow time?

Irina

In the procedure of selling a car without an owner, the absence of the owner may be alarming. But, if everything is done within the framework of the law, then the process is completely doable. The main thing is to notify the direct owner of the intention to resell and issue a power of attorney authorizing this action; in other situations, you can go to court. When and in what cases may it be necessary to sell a car without an owner? What legal ways to carry out such a transaction exist? What are “gray” sales schemes and what is the possible liability for them? We will answer these questions in this article.

Is it possible to sell a car without an owner?

It is possible to carry out a transaction to sell a car without the personal presence of the owner, but this requires compliance with several conditions that will allow the transaction to be carried out according to all the rules. The main thing is to take into account that the owner of the vehicle must be aware of the upcoming transaction. The authorized representative must have in his hands a general power of attorney with the right to resell, and the transaction process must not run counter to the law. There are several cases when selling a vehicle without the car owner is justified. These include:

• Purchasing a car by proxy;
• Death of the owner;

Moreover, if the transfer of the car was carried out by the parents to their son or daughter without official re-registration, then the new “owner” has no right to sell the property without the participation of the parents. Since in any case, when making such a transaction, the signature of the owner or authorized representative will be required in the purchase and sale agreement and the vehicle passport.

Legal ways of selling

At the moment, there are 2 ways to sell a car without the participation of the owner, that is, those that do not go beyond the “framework” of the law - this is a sale by general power of attorney and a sale by court decision. Having a certified general power of attorney in hand, you have all the legal rights to sell a car without the presence of the car owner. Moreover, a power of attorney written by the car owner does not give the right to carry out a transaction. The document must be state-issued and notarized. In addition, you will need an additional package of documents:

• Passport;
• Vehicle registration certificate;
• A copy of the general power of attorney;
• Valid insurance and diagnostic card cars;
• Passport of the person purchasing the car.

There are two parties involved in the process of selling a vehicle without an owner: the trustee and the buyer. They put their signatures on the PTS. The purchase and sale agreement (SPA) is drawn up in three copies, one of which is handed over to the owner of the car. The validity period of the power of attorney is 3 years, so after this period the sale of the vehicle without the owner is impossible.

A general power of attorney does not give ownership of movable property, but implies the possibility of sale, transfer of trust (unless otherwise provided by the document) and other powers in relation to the vehicle. In this case, a person does not have the right to independently acquire ownership of the car entrusted to him.

Judicial intervention in the process of selling a car without an owner is quite common. Situations in which a trial cannot be avoided include the death of the owner of the car, the desire of one of the spouses to sell the vehicle in the absence of the other, and the location of the other is unknown. In addition, if the car was purchased by power of attorney, and the owner died, then the heirs can legally return the car to themselves.

In the first case, the transaction becomes possible six months after the entry and registration of the inheritance. And to sell you must have a document confirming ownership. In the second case, one of the present spouses files for divorce with the right to division of property. On the appointed day of the meeting, if the second spouse fails to appear, all property is transferred to the ownership of the other. Before contacting the judicial authorities, it is necessary to collect and submit documents such as a passport, a document on the right of inheritance, a receipt from a car dealership confirming the purchase of a car (if any), as well as a written document. After submitting a package of documents, you must wait for the court's decision. If you disagree with the court decision, you can appeal it to higher authorities. The period for filing an appeal is 10 days.

“Grey” sales schemes and possible liability

There are often situations when someone tries to sell a car without an owner using illegal “gray” schemes. The first option is based on the fact that the owner is not against the ongoing process. Here it is only enough to have a “blank” form of the purchase and sale agreement, on which only the owner’s data is noted and his signature is indicated. The rest of the information can be added at any time. According to this scheme, the transaction is considered one-sided. The second option of “gray” schemes involves contacting dubious organizations that use illegal methods. Such organizations do not rule out making a sale even without availability necessary documents. Using the third option entails criminal liability under the article “Fraud.” The essence of this scheme is to forge the owner’s signature on the vehicle title and the purchase and sale agreement.