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 with respect to 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 outcome of the acquisition vehicle with an encumbrance 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 to recognize 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 obtained from a bank.
- The 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.
The 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.
- For the vehicle is requested disproportionately low price.
- 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 other 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 VIN of the car or his license plate. The check itself takes only a few minutes, and then the program gives out a complete history of the car: information about previous owners, fines for violations of the rules road traffic, specifications 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 slightly 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 they will again burden it.
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 its rightful owner.
You can 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 a consequence of the serious fault of the owner associated with the presence of large unpaid debts. For example, for alimony or tax levies.
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 the consequences can be
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 the 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 amicably with the seller regarding 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:
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The databases are state-owned, anyone has access to them, the main thing is that there is the data that is required. In the first case, you need a car number or body number. There is information about all the cars that were arrested by the judges and investigators, there is no information about the pledged car in this database. Contains, in particular, information about the cars issued by the social security authorities.
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If there is a car and someone is trying to sell it, it means that you should refuse to buy.
In the case of the website of bailiffs, the situation is somewhat different. It is not the car itself that is checked, but its owner.
It doesn't matter if it is an organization or an ordinary person. If a case has been opened, there is information about it in the database. If the property is sold under the control of the bailiff, and the money will be transferred to the appropriate account to pay off the debt, this is one thing, but if the deal is rushed, they say nothing about the arrest, you should beware.
The electronic database is a convenient thing, but it does not always work normally, besides, bailiffs do not always enter all the data on time, the problem of completeness of data also concerns the database of the Ministry of Internal Affairs.
The check can be carried out:
- By opening the website of the FSSP or the traffic police on the Internet.
- Find the services sections.
- Fill in all the required fields step by step.
In the case of the website of the Ministry of Internal Affairs, you only need to enter the number data of the body or state number.
Resource bailiffs work harder:
- It is necessary to indicate the subject where the business is open (republic, territory, city of federal significance).
- The address of the debtor or organization.
- The system asks to enter the number of enforcement proceedings.
What you need to check
Rarely, those who are confident when buying a car that they will not be deceived and that the thing is not under arrest or wanted, the bases, as you know, do not always reflect the current situation:
- If the car was bought at a bank, you should visit the institution so that the owner receives a certificate stating that the bank has no claims.
- It is more difficult with bailiffs, production can be opened in any department of the country, but no one will give information to the buyer.
- To register a purchase with the traffic police, you need to go with the seller, otherwise there is a risk of fraud, then you will not find either the seller or the money.
With the purchase of a pledged car, the easiest way is, the transfer of the car takes place under the control of a bank or in a special car dealership that sells pledged cars. The owner of such a car often finds a suitable buyer himself, but again everything is under bank control.
Who and in what cases can seize a car
According to the law, the arrest is considered to be the prohibition to perform any actions with the property. This mainly concerns real estate, cars, securities, money in accounts. This is done in order to prevent the loss of property that was transferred to the plaintiff in the claim, by the decision of the judge, or that was used for sale in the course of enforcement proceedings.
The property is seized:
- Judges in the process of considering civil cases.
- Bailiffs in charge of the execution of a court decision.
- By investigators conducting a criminal case, with the aim of the possibility of confiscation of property in the future or its use for compensation for damage.
How is the arrest procedure
The investigator or the bailiff shall issue a ruling.
It describes in detail the signs of the car:
- Brand.
- Colour.
- Number (including body numbers).
- Year of issue.
All data is copied from the vehicle passport and ownership certificate. Also, the investigator or the judge has the right to make a request to the traffic police, which maintains the register of cars. It contains both technical data and information about the owner. There are enough of them so that there is no confusion, and someone outside does not get hurt.
In the case of a judge, the procedure is similar, there are some differences in the criminal and civil case... In a civil case, an application for the seizure of property is written by the plaintiff or his representative or the prosecutor. The statement is a request to secure the claim, and the arrest is the way or one of the ways in which it is asked to do so.
The judge decides the issue of arrest either together with the receipt of this application with the court with a claim, or, if a criminal case is transferred to the court, the judge decides this issue separately at the request of either the victim or his representative, the prosecutor.
The judge needs specific grounds for the seizure of property, if they are not indicated, the judge will issue a refusal. This kind of application can be submitted more than once, and, in particular, if there are any new circumstances.
Another type of car arrest is a pledge of property on a loan taken from a bank. In this case, the pledge is drawn up under an agreement, both parties agree to this, the participation of the state here is only formal: the data is entered into the corresponding register.
How to remove an arrest from a car
The main way to remove the arrest from a car is a judicial one. Removal of arrest is made by filing a claim. An ordinary claim, in which a request is written to remove the seizure of property (a specific car, indicating its specific data). If the arrest was made on the execution of the decision of the arbitration court, then the claim is filed with the appropriate court, also with the district court.
Justices of the peace most often do not deal with such cases due to the price of a car exceeding 50 thousand rubles.
If the arrest is imposed by the investigator, then the complaint can be submitted either to the prosecutor or to the court. The prosecutor may refuse this, so it is easier to go to court right away (such statements are also looked at by district judges).
How to write a statement
It states:
- The name of the court to which the papers are sent.
- Details of the applicant (person or organization, in particular the name of the address).
- The circumstances and evidence supporting the circumstances are stated.
- Appendix - a description of the list of attached papers.
- Date and signature, signature is the indication of the surname, name, patronymic and signature of a person.
- Receipt for payment of the state fee.
The submission of documents is handled either by an interested person or his representative. If the papers are submitted on behalf of the organization, either a power of attorney signed by the director or another person who has the right is attached - to do this for the person who is filing the power of attorney.
The power of attorney has the right to be signed by the one to whom, according to the position, the right to do so is given by the charter. An official who has the right to do so without a power of attorney can also sign.
Representation of an ordinary person takes place on the basis of a power of attorney.
Circumstances are either a violation of the law (there was no reason to arrest the car) or a change in circumstances (the debt was paid).
Through the court, bail arrests are also removed in the case when the car is sold to another person, but he cannot register the title to the traffic police because of the arrest.
The participants in the process will be:
- Interested person (for example, a new owner).
- Person owed by the owner or former owner.
- Office of the FSSP, as well as the bailiff.
It is necessary to prove the fact of refusal to remove the arrest only in the case of a bank. It is enough to write a letter, and have on hand a receipt proving the sending of the letter and a notice with a mark of acceptance or refusal to accept the letter. The judge decides on the application in the form of a ruling. Usually, everything is decided within the framework of one court visit.
What is the threat of buying an arrested car?
The consequences are different, but there is something in common: the car is seized as soon as it becomes clear to the traffic police when checking the documents. If the thing was illegally sold, then in case of deception, it is quite possible to open a criminal case.
If an injunction is violated and a deal was made, there is also the option of criminal liability for violating the judge's decision.
If there was no fraud or gross violation of the injunction, the buyer loses both the money given to the seller and the car. You can try to defend the rights to property in court, regain and remove the arrest, but whether there will be a result: depends on the circumstances.
When buying a car, you need to be more careful, as it can turn out to be problematic - an encumbrance may be imposed on the car. Be sure to contact the traffic police to find out if he is on the wanted list. But what if the car could be mortgaged or arrested by the court?
Grounds for imposing encumbrance
Any property is encumbered only in one case - if its owner has certain obligations to third parties. This rule often applies to vehicles as well. In this case, the encumbrance may prohibit the owner from carrying out any legal actions in relation to this property. Some encumbrances can be checked in the traffic police, but others are not subject to verification.
Car loan
Most often, it is the purchase of borrowed cars that turns into a lot of problems for new owners. This is the most common type of encumbrance on movable property today. The owner of the property, selling it, can hide the fact that the car is pledged to a credit institution. Moreover, it is quite easy to do this.
First, banks rarely keep a passport for a pledged technical device. And secondly, the owner can contact the traffic police and restore the document. And with this document it will not be difficult to sell a car. AND new owner it will take a long time before he learns that he is not the only owner of the property. Therefore, all documents should be carefully checked, especially for new cars that are sold too urgently.
Arrest
Buying seized property is a deliberately unprofitable business. Why can a car be arrested? Most likely, he is the subject of legal proceedings, and his owner refuses to fulfill his obligations. Therefore, before buying, you can check the transport or require the relevant documents from the seller.
Car sale
Not all encumbered car sellers are scammers. Often the reason for the sale is the inability to repay the loan, so you have to get rid of the property. This is not always profitable, as the car loses its original value every year. But if you need to sell a car and want to do everything right, then you should contact the bank. In most cases, banks agree to such transactions, since the main thing for them is that the loan is paid.
There are several ways to sell a car with encumbrances:
- Self sale. In this case, the owner of the car finds a buyer and goes with him to the bank. The buyer must sign an early loan agreement.
- Bank sale. This is possible if the amount of the loan to be repaid is equal to the market price of the car. The borrower must prove to the bank that he is no longer able to repay the debt. Then the bank starts looking for a buyer for the car. But this method has a drawback. If the proceeds from the sale are not enough, the borrower will still have to pay extra for the loan from his personal savings.
- Auction. This method is quite popular when selling mortgaged vehicles. It is carried out by the borrower together with the bank by putting the car at a special auction.
- Car showroom. There is a tendency for different car dealerships to buy out non-new cars. It happens as follows: the car is delivered to a car dealership with all the documents, and its price is determined there. Next, you should issue a power of attorney to the car dealership, and he will already repay the loan. At the same time, a tripartite agreement is concluded with the bank.
- Loan assignment. This is the easiest way to sell a car. The buyer simply takes out a loan for the car by submitting the necessary documents to the bank.
Signs of a car with encumbrances
An inexperienced motorist is unlikely to be able to independently determine whether there is an encumbrance on the car. However, there are a number of signs that indicate that the seller is hiding the true state of affairs:
- Duplicate of the technical passport issued by the traffic police. It is easy to obtain based on the loss of the original, and in some cases it is. But the absence of PTS should still alert a potential buyer.
- The seller bought a car less than 3 years ago. This should also be alarming, since usually car loans are issued for such a period.
- If there is a record in the PTS about the purchase of a car under a commission agreement, this means that it was bought on credit.
- Small price for good car can be both a trick of scammers and a way of the owner to quickly get rid of the problem car.
- The seller does not have a sales contract.
- The insurance policy states that the bank is the beneficiary. This directly indicates a car loan.
How to check a car
Any buyer needs to check the car before the fact of the transaction is made. In theory, you can contact banks, but it will take a very long time. It is generally accepted that you can check a car in the traffic police, but this is not entirely true. If you contact the traffic police, you can find out if the car was stolen or that it is under arrest by the bailiffs. But it will not be possible to check the availability in this way, since banks do not provide the traffic police with such information. Therefore, it is better to contact an expert organization that can quickly check the car and provide the necessary information. True, this method is associated with additional costs.
How to remove the encumbrance
The most in a known way the removal of the encumbrance from the car is the sale of the property. In this case, all rights and obligations in relation to the vehicle are transferred to the new owner. If the encumbrance consists in a car loan, then it can be removed by paying off the entire debt. But what if the owner has no money?
In this case, banks offer to take another loan, but this time a consumer loan. By and large, this is a solution, but only temporary, because the loan will still have to be repaid. But the car will already be without the burden of a loan and, if necessary, it can be easily sold. The main thing is that when refinancing a loan, the bank takes into account all the conditions. The amount of the new loan may be such that the bank will not issue it without collateral. Therefore, it is important to calculate all the options.
If the court has seized the car, then such an encumbrance can be removed only after all the requirements have been satisfied. For example, to pay alimony arrears. If this is done, then the corresponding writ of execution is sent to the traffic police. But for this, you first need a court order.
What to do if the car is pledged
Often a situation arises when a car is not in doubt when buying. Or the buyer still decided to check it, but neither the traffic police nor the banks gave any information. But after a while it turns out that he is pledged by the bank. How can owners be in such a difficult situation?
The first thing a new owner can do is to sue. If it is possible to prove that nothing was known about the loan, then the property can be saved. However, part of the loan will have to be paid. And if the car is arrested, then sometimes lawyers are able to remove this arrest. But it will take a lot of effort and money to pay for the services of experienced specialists.
If the case is lost, the court will simply take the car away. In this case, the owner can demand, again through the court, the return of the funds paid for the car. But this is only possible when the seller has not disappeared. Otherwise, there will be simply no one to demand money from. The buyer will be left without money and without a car.
But even if the seller shows up, he is unlikely to have the funds to repay the debt. The court may oblige him to do this, but if he does not have valuable property, then there will be nothing to collect the debt from. Therefore, before buying, you must carefully check all the documents provided by the seller. The fact that the seller himself may be deceived, that is, not aware of the encumbrance, will complicate matters.
Buying a car hand-held is always a risk to be reckoned with. The seller can be a fraud or just an unscrupulous citizen. Therefore, it is important to check and technical certificate vehicle, and insurance documents. You should definitely pay attention to the price, because it is strange if the owner sells the property very cheaply. Or you can just trust your own intuition and not rush to buy.
The purchase of a vehicle is a rather important step in the life of a Russian. This is due not only to the decision various issues, but also with significant financial costs. Particular attention should be paid to those cars that are sold on secondary market... In particular, we are talking about checking the history of the vehicle, which will avoid possible problems and unpleasant surprises in the future.
The encumbrance is a certain limitation imposed on the vehicle. If it is available, it is possible to sell or buy a vehicle only after meeting a number of requirements. Currently, there are several types of encumbrances that are most common:
- Collateral is an outstanding bank loan received for specific purposes. The vehicle will serve as collateral until it is completely blocked.
- Car loan - a loan debt to a banking organization that arose when purchasing a car.
- Arrest - can be imposed on a vehicle based on a court decision.
- Debt on fines - for the persistent violators of traffic rules, who are also non-payers of the imposed penalties, one of the penalties is to establish an encumbrance on the car.
Before concluding a sales contract, the buyer of the vehicle is advised to independently find out whether there is any encumbrance on the subject of the contract. This is due to the fact that the seller may deliberately distort the facts, acting in their own interests. It is quite easy to identify the presence of restrictions; for this, you should carefully study all the documents presented.
It is the responsibility of the citizen selling the vehicle to provide the buyer with all documents related to this vehicle.
These include:
- Vehicle passport;
- Technical passport (STS).
Both documents must meet a number of mandatory requirements. Otherwise, the transaction will be impossible:
- The passport of the car must contain information about its owner, similar to the passport data of the seller;
- The original TCP must contain a space where new information will be entered;
- There should be no obstacles to registering a car.
After checking the documents provided by the seller, it is in the buyer's interests to independently verify the accuracy of all information. For this purpose, you can use open databases of state Internet resources. The most popular option is the Rosreestr website, which allows you to find out what actions were taken former owner vehicle.
The only thing you need to know to fill out the request form is the license plate number of the car and its brand.
When the personal information about the seller is known, including the data of his passport, the buyer is able to verify the presence or absence of the following encumbrances:
- Traffic violations resulting in imposition administrative fine, deprivation of the right to drive a vehicle, the beginning of legal proceedings.
- A document on the sale and purchase of a vehicle, the second participant of which is the previous owner of the vehicle. It will allow you not to fear that an encumbrance may be imposed under the previous owner.
The final decision on the purchase of a vehicle should be made taking into account history this car... Unfortunately, not all buyers follow this recommendation, taking into account only the cost of transport and its individual characteristics. Often, the result is unpleasant surprises in the form of encumbrances, "inherited" from the previous owner.
The presence of an encumbrance cannot be considered a verdict for the owner of the car. The current legislation provides for the possibility of removing the established restrictions. In most cases, the imposition of an encumbrance is due to the presence of debt, which means that the way out of the situation is to pay this debt. After this operation, the restrictions can be removed as soon as possible by following these steps:
- Submission of an application for the removal of restrictions to Rosreestr. The basis, in this situation, will be the repayment of the existing debt.
- The proof of the absence of debt will be a certificate received at the bank branch. This document should be attached to the application.
It is also necessary to submit an application to the bank that disposes of the debtor's property. Further, the banking organization confirms in Rosreestr the reliability of the securities related to the absence of debt. After this stage, the encumbrance will be completely removed, and nothing will interfere with the legal conclusion of the purchase and sale agreement.
If we talk about the arrest of a vehicle, then this type of encumbrance has some individual characteristics. First of all, we are talking about the fact that it can only be imposed on the basis of a court decision, trying to prevent further violations by its owner.
In order to make a court decision on the imposition of an arrest, a corresponding application must be submitted to the courts. The traffic police can act as a plaintiff, suing a citizen for failure to pay fines, creating an emergency situation that has negative consequences and other violations.
During the process, the citizen's guilt must be proven, after which the defendant's vehicle is seized. At the same time, the debtor is required to pay off the debt within a certain time. Otherwise, the car will be confiscated to pay off the debt.
The court decision is sent to the traffic police, and from that time on, the owner of the vehicle cannot fully dispose of his property. The restriction applies to deregistration, sale, transfer for temporary use, etc.
The fact of arrest can be confirmed or refuted by two methods:
- Contact the FSSP staff, since it is this structure that monitors the execution of court decisions.
- Get the information you need from the traffic police.
To obtain accurate data, the applicant will need to know the model of the vehicle and its license plate. An alternative to a personal visit to the above structures is to visit official Internet resources. Using the site, you can find out the information of interest in just a few minutes by specifying the relevant data in the request form.
Unfortunately, no one can guarantee the buyer that the car that he plans to purchase has no obstacles to sale. The seller's aspiration is to quickly sell the car and get money. In most cases, low cost is the incentive for a potential client.
It's no secret that the popularity of the aftermarket is largely due to pricing policy... However, this transport already has its own history, which the buyer should find out.
If during the purchase the seller hid information about the existing restrictions, the buyer will receive unpleasant news at the time the car is registered. He will not be able to register the transport, and the system of settlements under the purchase and sale agreement should concern only the buyer himself. Thus, a citizen who gave money for a vehicle will not be able to become its owner. The only way out of this situation is to go to court. This will hold the seller accountable.
Often, fraudsters take steps in advance that will allow them to avoid punishment, and therefore it is recommended to seek help from a practicing lawyer who knows all the features and nuances of the current legislation.
Even if, after the lawsuit, the buyer can return the money spent, an unpleasant aftertaste from the transaction will still remain. That is why experts strongly recommend that you check all the information about the car in advance and find out if there are any restrictions. This approach will allow you to purchase transport without encumbrances, while saving your strength, time and nerves.
How to check documents before buying a car
Before purchasing a vehicle, potential buyers are advised to inquire about the encumbrances on the vehicle. The presence of such restrictions significantly complicates the conclusion of the transaction and can carry risks for the new owner.
Types of encumbrances on the car
Often, a vehicle is bought on the "secondary market", that is, "off hand" from the original owner. A transaction like this could backfire if the buyer does not initially check for any encumbrances on the machine.
Under the encumbrances according to 1 article of the Federal Law No. 122 of 1997 on July 21, means a certain condition or prohibition, due to which the owner of the property cannot fully dispose of it (for example, alienate, lease, etc.).
The most common types of encumbrances on a car are bail, car loan, seizure imposed by an authorized body, unpaid fines, etc.
How to find out about encumbrances on the car?
Not every type of restriction can be determined if the owner of the alienated vehicle has not provided this information. The fact is that when buying a car, the new owner receives the encumbrances on it. Let's consider the most common types of restrictions and how to define them.
Car loan
Most often, a citizen buys a car by concluding a loan agreement with one of the banking institutions, as well as leaving the purchased car as a pledge. This loan is paid for at least three years, so the sale of a car owned by the previous owner for a shorter period should alert the potential buyer.
When signing papers with the bank, the vehicle passport remains in storage with the pledgee. Formally, alienation is impossible without this document. The passport is returned to the owner of the car only after all debt obligations to the bank are repaid.
Pledge
This encumbrance is rather difficult to determine, however, the buyer may suspect that there are restrictions on the car, according to some of the signs indicated below:
- the vehicle passport is missing or the seller provides a copy of it (obtaining a duplicate of the document is a simple procedure, in which it is enough to contact the traffic police department with a corresponding statement about the loss of the passport);
- the cost of the car is too low (a potential buyer is advised to familiarize himself with the price category of similar models sold in the secondary market, since the low price personifies the owner's desire to sell the car as quickly as possible);
- less than three years have passed since the purchase of the vehicle by the previous owner;
- there are no documents for the car.
The reasons listed above are not a 100% answer to the question of whether there is an encumbrance on the car, and are not considered a guarantee of the legal purity of the transaction. The car can be pledged not only with a banking institution, but also with a private person, pawnshop, etc.
To find out about encumbrances on a car (such as a loan or a pledge of property), it is possible to use the website of the Registry, which contains information about property pledged by legal and individuals: https://www.reestr-zalogov.ru/. To obtain information, you need to enter the vin number of the car of interest. In addition to this site, there are enough analogs on the Internet created for the same purposes.
Arrest
This encumbrance is imposed in the event that the owner of the car does not comply with the judgment of the court or in any way can interfere with its execution. The arrest on the car can be established by a decision of the judicial authority for non-payment of alimony, fines, etc.
To check the legal purity of the transaction, the parties can contact the traffic police to obtain information from the database (it contains information about the restrictions introduced law enforcement, hijacking, wanted, etc.).
Before purchasing a car on the secondary market, a potential buyer should first familiarize himself with necessary documentation provided by the seller. With the help of these documents, a citizen can check the car for encumbrances:
- the seller's credit history (if a person purchased a vehicle on credit, a record of this must be contained in the seller's credit history);
- a policy issued by an insurance company, for example, CASCO (most often, if there is a loan, a specific banking institution is indicated in the document as a beneficiary);
- original vehicle passport (if there is a pledge of movable property, this document should be absent);
- sales contract concluded by the seller with the previous owner of the car or a car dealership;
- written and notarized consent to the transaction of the spouse of the owner of the car (if he is in a marriage relationship, and the car is property purchased in marriage).
The potential buyer has the right to demand all of the above documents from the seller. If any papers from this list are missing, this is a reason to suspect that there are any problems with movable property (for example, the presence of encumbrances on the car).
How to remove the encumbrance from the car?
The restriction on the vehicle is removed only after the owner of the car has completely repaid the existing debt. The pledge or car loan must be repaid without fail, and only after that the owner has the right to receive documents for the car (for example, the vehicle's passport) and the corresponding mark on the removal of the encumbrance.
To remove the restriction, the car owner must follow this procedure:
- pay the debt off;
- fill out an application in the USRR (the form is issued by an employee of Rosreestr) to terminate the restriction of rights to own property;
- submit to Rosreestr, along with the application, some papers (the exact list of documentation depends on the type of encumbrance, therefore, it is recommended to check the list with an employee of the state agency);:
