After the conclusion of the sales contract, the buyer must register the vehicle. The traffic police may refuse to register if the car is hijacked or wanted due to the fact that the previous owner took the car off the register.
Problems may also appear after the vehicle is registered: if the car is pledged by the bank, the bailiffs may demand that it be returned to the owner of the car or the mortgagee. To avoid problems and the loss of a car, before making a purchase, you need to check if the car is being stolen, wanted or pledged.
To date, there is no guaranteed way to check the legal cleanliness of a car before purchasing. The reason is that the databases are maintained by different departments, their activities are not coordinated with each other, and often information about restrictions on vehicles gets into these databases with a long delay.
Traffic police officers are not required to check for restrictions when registering vehicles, so even successful registration of a car with the traffic police will not give any guarantees.
But even if the buyer unknowingly bought a pledged car, he would receive the right to keep it for himself if he proves in court that he checked the car for restrictions.
Verification methods
Personal visit to the traffic police. The buyer and the seller contact any traffic police station on duty. The seller must have a passport and documents for the car - PTS and CTS. The traffic police officer on duty will check the car according to the traffic police register and give an oral answer if the car is on the wanted list and if there is information in the database about restrictions and unpaid fines. It's free.
If there are restrictions on the car, the buyer can refuse to buy or negotiate a price reduction with the seller.
Advantage of the check method: fast, cost-free, and up to 90% of problem vehicles can be cut off.
Disadvantage of this method: you can only find out about those restrictions that are included in the traffic police database. The officer on duty does not provide written statements that can be used as proof of the good faith of the purchase.
Advantages of the method: you can check the car via the Internet, the service is free.
Disadvantages of this method: it works only if the holder of the collateral has posted data on the collateral on the portal. The pledgee is not obliged to do this, which does not deprive him of the possibility in the future to claim the subject of pledge. The service is unstable.
Personal appeal to a notary for an extract on the absence of a pledge on the car. An extract must be issued by any notary upon personal contact, certifying it with a seal and signature. The statement can only be received by the owner of the car. The service is paid, the cost is 40 rubles for each page of the statement. After receiving the statement, you must save it - it will be the best proof of the buyer's good faith.
Advantages of the method: the extract can be submitted to the court as evidence of the good faith of the purchaser. Additional evidence will be the TCP and the sales contract, if they also do not contain information about the collateral and restrictions.
Disadvantages of this method: before the transaction is concluded, the buyer will not be able to independently request an extract.
Buying a car is a cherished dream for many. To prevent it from turning into a bitter disappointment, a number of precautions should be taken. Here you should know how the encumbrance on the car affects the registration with the traffic police, and what should be done to avoid such problems.
Basic concept
The issue of encumbrances regarding real estate and cars in particular is regulated by Federal Law No. 122, which entered into force in July 1997. This term means that certain restrictions are imposed on the car, which are an obstacle for the owner to carry out the entire range of transactions provided for real estate (purchase - sale, donation, etc.).
The sad result of acquiring a vehicle with encumbrances is such that they simply refuse to register it with the traffic police. And then a court hearing is possible, after which a decision will be made on recognizing the transaction as invalid.
What are the types of encumbrances
Let's take a closer look at what types of encumbrances exist in relation to cars:
- The vehicle acts as collateral within the framework of a car loan received from a bank.
- A car is a pledge under an agreement on a transaction that is not related to a car loan.
- The car was arrested by bailiffs in the course of enforcement proceedings.
- The car is not the property of the person who "sold" it, but only rented property.
Considering the above facts, you need to buy a car in compliance with certain safety measures. If it was purchased through a company store, then there is no need to worry. But, taken from the hands, you should definitely check for encumbrances.
An encumbrance on a car means a ban on any transactions with it.
What we pay attention to
Trusting people is good, but when dealing with real estate, it is better to forget about absolute faith and approach all the nuances as meticulously as possible. Checking a car for encumbrances begins with a review of the submitted documents. What facts should alert a potential buyer:
- The owner does not have a registration certificate for the car. This document is often taken away when a car is arrested.
- A disproportionately low price is requested for the vehicle.
- The car has been in service with the current owner for less than 3 years. As a rule, car loans are limited to just such a time frame.
- The seller refuses to submit any of the documents that may indirectly indicate the presence of encumbrances. For example, permission from a spouse to sell a car, certified by a notary.
The next step before buying will be a more detailed check in order to find out the presence of encumbrances.
How to check if there is an encumbrance
Currently, it is possible to check online via the Internet without leaving your home. To do this, you need to visit the official website of the traffic police. There you need to find a special section for checking a car. Here you can see if the car is registered as being stolen, and if there are any restrictions on it. To enter the data, you will need a TCP and registration documents indicating the state. numbers.
If the car enthusiast prefers the classic version, then he can simply come to the traffic police department and make the necessary request.
You can check the encumbrance on the car in a number of ways:
- Make a request to the FSSP. To do this, you must have the following information: the name and surname of the owner, as well as the number of his civil passport. Such a check will show if the car has been seized. Checking is free for everyone.
- Seek help from the Credit Bureau. These organizations have become firmly established in the life of the financial society. Using their reports, you can see if the car is listed as a loan collateral.
- Contact a notary. If the car is listed as collateral for a car or other loan, then it must be registered in a special state Register, where a notary can send a request. The price of the service is low and amounts to about 100 rubles.
You can check the car on the official website of the traffic police
All the presented methods have one drawback - they will not give a 100% guarantee. Therefore, the buyer who is wondering how to check the car for encumbrances more seriously will have to pay for the service.
This method consists in accessing the Autocode online service. To display information, the program will ask for the VIN of the car or its license plate. The check itself takes only a few minutes, and then the program displays a complete history of the car: information about previous owners, fines for traffic violations, technical characteristics and, most importantly, the presence of encumbrances.
How to remove an encumbrance from a car
It will be necessary to remove the encumbrance if the owner intends to register the car and carry out all transactions with it required by law. This process will differ somewhat depending on the type of existing encumbrance.
Car pledged on a loan
Most often, such machines are collateral. So, first of all, you should pay off the entire debt on the loan. Then a special certificate is taken from the bank, which is presented at the traffic police department. Its employees make corrective entries and the car is considered unencumbered. In addition, it is necessary to provide documents on payment to Rosreestr.
If it is not possible to pay off the loan immediately, the owner, together with the buyer, applies to the bank with a request to change the data on the owner of the car. In this case, the buyer must give guarantees that he will pay the remaining debt on the loan. Then the car will be re-registered according to the previous scheme, and then it will be burdened again.
The car is wanted
It should be noted right away that if the car is hijacked, then it will not be possible to remove the burden from it. But it is necessary to contact the traffic police. This should be done immediately after receiving information. Perhaps it is wrong, and then the purchase process will continue in the standard mode. If not, the car will be inspected. Employees will punch through the necessary information on it, the car will be seized and returned to the rightful owner.
It is possible to remove the encumbrance from the car, but the methods will differ in each case
The car is under arrest
It is very difficult to remove the encumbrance from the car, which was seized by a court decision. This is because it can only be the result of a serious fault of the owner associated with the presence of large unpaid debts. For example, for alimony or tax fees.
Therefore, first of all, the owner will have to pay off the existing debt. Then you should apply to the court with an appropriate petition, attaching documents confirming the payment of payments to it. If the judge considers the obligations fulfilled, then the arrest from the car is removed.
Buying with encumbrances: what can be the consequences
If, during the purchase process, a citizen discovered that an encumbrance was imposed on the car, then he can simply refuse to make a deal or settle the issue of lifting restrictions with the owner. Otherwise, there will be no registration with the traffic police, which means that the buyer will not be able to be considered the owner either.
But if the vehicle has already been purchased, then there are two ways. First, try to negotiate with the seller amicably for the removal of restrictions. If this path is not possible, then the second option remains - going to court, where the sale transaction is canceled, and the seller will be obliged to return the entire amount of money received for the car.
Before buying a car from hands, each potential buyer should figure out how to find out the encumbrance on the car. In order not to face difficulties in its operation in the future.
How to check a car for debts? About this in the video:
Attention! Due to the latest changes in legislation, the legal information in this article may become out of date!
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| Question | Answer |
| There are two options: · Using Internet services; · By personal appeal to the traffic police department. |
|
| · The car is stolen; · A vehicle on bail; · Participation of a car in an accident; · The presence of encumbrances. |
|
| · On the official website of the State Traffic Inspectorate; · Site Autocode. |
|
| For scuffs, the use of different fonts, unevenly screwed plates. | |
| On the official website of the Federal Bailiff Service at the link fssprus.ru/iss/ip | |
| No, only the owner of the vehicle has the right to submit a request for verification. |
Before buying a vehicle, the car is checked for theft and bail, as well as for the presence of encumbrances imposed by bailiffs, and for the participation of the car in road accidents.
Checking the history of the vehicle is the responsibility of the purchaser. However, in case of significant violations (for example, when the car was previously stolen), the purchase and sale transaction can be canceled, and the buyer returned his money, which is determined by Chapter 29 of the Civil Code of the Russian Federation. In practice, it is difficult to return funds due to the fact that the seller disappears immediately after the sale of the car or spends the money received.
To check the history of the car, there are 2 options: through Internet services and by personal contact with the traffic police. To do this, you need to know the VIN-code of the vehicle and the seller's data (his full name, year of birth, registration address).
Checking the history of the car does not give a 100% guarantee of purchasing a high-quality vehicle. The car may have been previously drowned and / or have serious problems with the engine, chassis, electrical, etc.
What is the risk of a car buyer by not checking the car before buying
The most common problems of a used car are as follows:
- The vehicle is hijacked. To hide this fact, the hijackers interrupt the VIN number of the body and use fake documents or documents for the same car, written off for scrap. When trying to register the vehicle, the traffic police will find a problem, and the buyer will lose the car.
- The presence of a collateral. If the car is used as collateral for a loan, the new owner will not be able to register it until the loan is paid in full. If the borrower stops making payments on the loan, the bank will be entitled to seize the vehicle.
- Participation of the car in an accident. Any collision affects the integrity of the vehicle body, which may cause problems with premature corrosion and flaking of paint and varnish materials in the future.
- The presence of an encumbrance. The presence of an encumbrance always means a prohibition on the commission of registration actions. The buyer will not be able to register the car. The encumbrance may develop into the arrest of the car (if the debtor does not pay off fines and other obligations on time), and it will be confiscated.
Online check
There are several official services on the Internet with regularly updated databases where you can check the vehicle. At the same time, it is recommended to use only official sources, since other services cannot guarantee verification against current databases.
Theft
There are 2 services that check the vehicle for theft:
- Official website of the traffic police. You can go to the service by the link xn - 90adear.xn - p1ai / check / auto... Information is issued free of charge.
- Portal Autocode. You can go to the service by the link avtokod.mos.ru/AutoHistory/#!/Home... The portal has a database only for those cars that were registered in Moscow and the Moscow region.
In both cases, it is better to check the wine code.
The search for the registration plates of a car (motorcycle or other vehicle) may be incomplete, since the car could have changed several state numbers. It should also be noted that if the car is on the wanted list, scammers could interrupt its VIN number, therefore, special attention is paid to visual verification of the identification code on the car body.
The interruption of the Vin code is evidenced by scuffs, uneven numbers, the use of different fonts, unevenly screwed plates.
On an accident
Checking a car for an accident is performed on the two above services: on the traffic police website and the Autocode portal. To find out the history, you must enter the VIN number of the vehicle. It should be noted that the user will only find information on registered traffic accidents, while the previous owner might not have informed the traffic police about the accident. It is possible that the accident was registered according to the European protocol (without the participation of the traffic police). In this regard, the Avtokod portal wins, which provides information not only on registered accidents, but also on the number of insured events.
The buyer needs to check the actual condition of the car; for this, a device is used that shows the thickness of the paint and varnish material (thickness gauge) and an apparatus that determines the presence of a weld (VNIK).
On encumbrance
Checking a car for encumbrance is carried out on the official website of the Federal Bailiff Service at the link fssprus.ru/iss/ip (free service) To search for information, the user must enter the full name of the vehicle owner, his date of birth and the region of registration. Considering that the registration could be changed, it is better to carry out the check sequentially for each region separately. The check is carried out in relation to the direct seller who currently owns the car, as well as by the name of the owner indicated in the vehicle's passport (in most cases, this is the same person).
The service will not give out information about specific sanctions applied to a citizen. But if enforcement proceedings are open in his name, it is better to refuse to buy a vehicle.
On bail
The Federal Notary Chamber has created a unified register of pledged property throughout the entire territory of the Russian Federation.
Reconciliation of information is carried out through the online service at the link www.reestr-zalogov.ru/search/index... To check the vehicle, the user needs to know its wine code. Information is issued instantly.
Offline check in the traffic police
The traffic police does not allow the vehicle to be checked through online programs. To do this, the owner of the vehicle must write a corresponding statement, where it is necessary to indicate the VIN-code of the vehicle and its vehicle registration number (STS). The request is forwarded to the MREO traffic police department. It is important to understand that only the current owner of the car has the right to such an appeal, why the buyer needs to negotiate with the seller so that he independently receives a certificate from the traffic police about the previous history of the vehicle.
A life story about the usefulness of pre-checking a car before buying
In 2017, Citizen V. decided to purchase a car on the secondary market. The selection was made from BMW, starting from the year 2000. Citizen V. noted 4 announcements for himself. In each of them, the sellers stated that the vehicle was in good condition and that there were no legal problems. Citizen V. decided to look at the history of each of the cars on the Autocode portal. The results are as follows: BMW 7 Series 2002 model year. Instead of the indicated 2 owners, in fact, there were already 9, while in the last two years BMW has changed 6 owners. In 2016, the car was involved in two accidents, which was not indicated in the ad.
BMW seventh series 2003 release. In 2015, the car participated in the traffic police, which was not indicated in the ad. In 2017, a restriction was imposed on the vehicle, which prevented the new owner from registering the car in his own name.
The remaining 2 cars turned out to be problem-free, and Citizen V. had already chosen from them.
Encumbrance on a car in the traffic police is a number of restrictions imposed on the disposal or use of a car on the basis of a contract or a court decision.
There may be several reasons for encumbrances, including:
- Finding a car as a pledge at a bank within the framework of a car loan;
- Finding a car as a pledge for transactions that are not related to a car loan;
- Arrest of a car by a court on the basis of a judicial act;
- The arrest of the car by the bailiff service as part of the execution of the court decision.
When purchasing a car "from hand", there is a great risk of buying a vehicle that has a number of encumbrances and which cannot be registered and reissued in its favor even after the seller has paid its entire value. Before making any transactions with cars, it is recommended to pay special attention to the presence or absence of encumbrances on the vehicle in the traffic police.
When buying a car on credit, the bank obligatorily leaves the vehicle as a pledge, thereby ensuring the performance of obligations by the debtor.
In addition, the car is not even bought on credit. It can be pledged to the bank as collateral for another, consumer loan, or pledged to pawnshops and other financial institutions.
Information about the pledged property in favor of third parties, pawnshops and other institutions can be found on the website https://www.reestr-zalogov.ru by checking the required vehicle by the VIN code. There is no information about a car loan in this register!
In all other cases, it is important to pay attention to the presence of the original PTS - vehicle passport. When pledging as part of a car loan, the bank always retains the original PTS. If the seller provides you with a copy (even certified by a notary), referring to the loss of the title, you need to get them a duplicate. Otherwise, you run the risk of buying a pledged car.
Also pay attention to the following nuances:
- Vehicle ownership period. If it is less than three years old, it is possible that the car loan has not been paid out yet.
- Availability of a valid CASCO policy. Perhaps the owner is worried about his car, but it is even more likely that CASCO is a mandatory requirement of the bank for the entire crediting period.
- Suspiciously low cost of the vehicle or a rush to sell it.
IMPORTANT: Very often sellers of pledged vehicles agree with the buyer to pay most or all of the price of the car, cancel the loan and only then remove the encumbrance by registering the transaction as it should be. In this situation, the buyer runs the risk of being left either without money or without a car, if the buyer does not manage to pay off the loan in time and completely and remove the encumbrance.
The best guarantee of the purity of the transaction is the final settlement with the seller after registering the car with the traffic police.
Additionally, you can ask the seller:
- The contract for the sale and purchase of a car, if it was purchased in a showroom;
- An extract from the seller's credit history, as any car loan will definitely be reflected in it.
Arrest
The seizure of a vehicle means the imposition of a ban on the disposal of the vehicle, including its alienation or leasing. In some cases, the arrest can also be associated with a ban on the use of a car.
The court may seize:
- When accepting a claim for proceedings to ensure the execution of the decision in the future.
- When making a judgment for the same purpose.
The UFSSP service can apply for the arrest of the car for the execution of an already rendered court decision by levying a foreclosure on this property.
Information about this type of encumbrance must be submitted to the traffic police at the place of registration of the vehicle.
To check the car for encumbrance in the form of arrest in the traffic police, its owner must contact the appropriate MREO at the place of registration of the transport and request a certificate. If there are no problems, the registration of the transfer of ownership will take place without any difficulties.
How to remove the encumbrance?
To remove all restrictions on the disposal of a vehicle, first of all, it is necessary to eliminate the reason why this restriction was imposed.
Car loan
The car will be released from the pledge only if the debt to the bank is fully repaid.
If the fact of the car being pledged is revealed, the seller must pay off the loan balance in full. Otherwise, the transaction cannot be completed and the transfer of ownership of the vehicle will not be registered.
By pledge
There are two options for removing a deposit from a car:
- Full extinguishment of the obligation that is secured by the pledge;
- Replacement of the pledged item with an equivalent or sufficient value.
Example: The car is pledged to secure a loan for urgent needs. Its owner, deciding to sell the car, can either repay the loan or pledge another vehicle or real estate. In both cases, the encumbrance will be removed from the vehicle.
By arrest
It is possible to release the car from arrest only through the body that imposed the arrest.
- If the arrest is imposed by a court, then it can be removed only by executing the court decision, in support of which he was arrested, or by challenging the seizure through the court in cases where the decision was not made, but the arrest was forgotten to be canceled.
- If the arrest is imposed at the request of the bailiff service as part of the execution of a court decision or other executive document, then the release of the arrest will be possible only after all debts are paid off.
The following persons can apply for the cancellation of the arrest:
- The owner of the vehicle prior to its sale.
- The buyer of the vehicle, if he has paid the entire amount of payment for the car, has entered into a purchase and sale agreement, but registration of the vehicle is impossible due to the presence of encumbrances.
The application is submitted to the court that seized the car and is considered at the hearing. The failure of the parties to appear does not interfere with the consideration of the application on the merits.
In case of any difficulties and questions, it is better to enlist the support of an experienced lawyer by seeking advice.
