Nowadays, it is not so often you will meet a person who would not own a car and at least once in his life did not buy or sell it. This is probably why the traffic police simplified the staging system vehicle for registration, as well as the rules for using a car that is not owned by a motorist.

In 2020, the owner does not need to deregister a car before selling a car. This procedure takes place automatically - after the conclusion of the contract for the sale of the vehicle by the parties. The buyer can, at will, leave the old license plate or change it to a new one.

In addition, at the beginning of 2012, the obligation for the owner of the car to issue a power of attorney (simple handwritten) to drive his vehicle was canceled. The person who is indicated by the owner of the car in the compulsory insurance policy can drive a car.

The issuance of the so-called general power of attorney with a notary is also gradually fading away, but some citizens still find this way of selling a car the most convenient.

What is the convenience of selling by proxy

It will not be a secret for anyone that the procedure for removing or registering a vehicle with the UGIBDD when buying and selling a car is a rather troublesome and time-consuming business. It is necessary to draw up a deed of purchase with the seller, insure the MTPL, undergo a technical inspection, pay the state duty and insurance premium. And this is provided that the car was not removed from the registration register and it will have the same state number.

It is much easier to issue a general power of attorney with a notary in the name of the buyer, get money for this car and do not stand in many lines. This is, perhaps, the only plus of the sale of vehicles on the "general", and even then it is rather dubious.

Power of attorney rights

The seller can draw up the text of the document on his own, indicating in it what rights the general power of attorney for the car gives to the person who bought it. You can apply for a power of attorney to a notary office, where it will be drawn up more competently.

In any case, the general power of attorney is subject to notarization. But the rights that she gives to the attorney, the principal will be able to indicate himself.

As a rule, these are:

• the right to drive,
• the right to dispose of the car, including selling it to a third party, renting it out, exchanging it, renting it out on bail, etc.,
• the right to monitor its good technical condition,
• the right to be a representative of the principal in the UGIBDD authorities, in court, etc.,
• the right to insure a vehicle (including motor third party liability insurance),
• the right to pay taxes and fines, etc ...

It is obvious how from some rights the obligations arising from the trustee at the time of issuing a general power of attorney for him smoothly follow. But they are not always executed.

How to apply and how much does it cost

As we said above, you can arrange paper yourself(you can find a sample power of attorney for a car at the end of the article) or contact the services of a notary.

For this, the presence of a trustee is not necessary, the principal can apply to the notary office alone, but have his personal data with him (ideally, a photocopy of the passport).

The procedure for drawing up a power of attorney will not take much time. Any notary has a sample of its preparation.

General power of attorney, it does not matter if it was drawn up by the seller himself or in a notary office, requires mandatory certification from a notary... If this is not done, it will be invalidated.

Regarding the question of how much a general power of attorney for a car costs, we will refer to the prices in force in Moscow notary offices.

So, notarize an already drawn up document will cost:

• 400 rubles.

Compilation cost powers of attorney, taking into account the technical and legal work carried out by a specialist:

• 800 rubles - for individuals (in total, with certification of the document - 1200 rubles),
• 1200 rubles - for organizations and legal entities (in total, with certification of the document - 1600 rubles).

Documents for registration

In a notary office, to draw up or certify a general power of attorney, you will be required to submit the following documents:

• passport of the car owner,
• passport of the person for whom the power of attorney is drawn up (a copy of it or exact data of this person),
• registration certificate for the car,
• PTS (vehicle passport).

Dates of validity

You can write a general power of attorney for a car for a maximum of three years... After this time has elapsed, the seller should conclude a sales contract or draw up a new power of attorney.

In addition, the power of attorney expires automatically in cases when:

• the principal withdrew her,
• the principal died,
• the authorized person refuses the power of attorney,
• the confidant died,
• the trustee or trustee was recognized as missing or deprived of legal capacity by a court decision.

The power of attorney can be issued for any period limited to three years. If it specifies a validity period exceeding the specified one, then the paper will be considered invalid. If no terms are specified in the power of attorney, then by default it will be considered valid for only one year.

The trustee has the right to issue a power of attorney for the car in the name of a third citizen, if the document contains a corresponding note about such his powers. But it must be borne in mind that with the termination of the validity period of the first power of attorney, the second one is canceled automatically.

Car sale by proxy

It is no secret that a general power of attorney is most often drawn up precisely with the aim of simplifying the process of selling a car. But do not forget that the registration of a "general" does not remove the ownership of the car from the seller and does not make the buyer a full owner.

That's why Now, most buyers would rather suspect this way of selling a vehicle I, than will please with the saving of time and money.

And the seller himself will be much more convenient and reliable to sell the car by drawing up a sales contract. Unless, of course, he is trying to hide some unpleasant moments associated with the car in this way, such as:

• unpaid administrative fines or tax contributions,
• inconsistency identification numbers specified in the documents for the car, those that are stuffed on the body or engine,
• finding a vehicle on the wanted list in connection with theft or theft, etc ...

There are other unpleasant nuances that are important to know about those who are going to buy or sell a car under a general power of attorney.

Video: Lawyer on the intricacies of the concept of a power of attorney for a car

Negative points for the seller

The main disadvantage is that the car will be considered the property of the seller until the time when the buyer does not re-register it to another person, having gone through all the procedures in the traffic police.

The rest of the disadvantages follow from this:

• he will have to pay annual taxes for the use of the vehicle (unless, of course, he comes across an honest buyer who will take on this responsibility),
• receipts for unpaid fines for traffic violations on this car will also come to him,
• in the event of an accident, theft and other illegal actions with the participation of this car, its legal owner will first of all fall under suspicion.

Buyer concerns

By purchasing a car and receiving a blank of a general power of attorney for a car, the buyer does not become its full owner. Moreover, he will not even be able to register it as his own until he sells it to a third party and buys it back under a sale and purchase agreement. This is the main disadvantage, there are many others:

• he risks buying a car with a "bad" past: she may be wanted, stolen, pledged by a bank, her numbered units may not correspond to those reflected in registration documents, etc.,
• in the event of the sudden death of the owner of the car, it automatically passes to his heirs, and the buyer remains, as they say, without money and without a purchase,
• the same situation can occur if the owner gets divorced and, by a court decision, must transfer the jointly acquired car to his ex-wife,
• by a court decision, the car can be taken by bailiffs if the seller does not pay the loan (or other debt) and his property is described,
• the owner has every right to revoke his power of attorney at any time and return the car to himself, without giving any reasons,
• in the event of the death of the buyer himself, the power of attorney is terminated, and the car is returned to the rightful owner, the buyer's heirs will not be able to claim it.

Buying a car by drawing up a sales contract or by issuing a general power of attorney is a private matter for the seller and the buyer. In our article, we examined all the subtleties of buying a car in the second way, indicating the positive and negative points... Now the decision is yours!

Download:

You will be interested in:

17 comments

Is it possible to insure a car for my husband (the owner is me), and without re-registering it with a traffic police, drive under a sales contract and / or under a general power of attorney?

• You can insure for your husband without a general power of attorney and you can drive around the city without a power of attorney and without a contract. Only insurance is required and the driver of the vehicle entered into it.

Reading time: 5 minutes

The secondary car market in Russia offers not only a rich assortment of cars different brands and manufacturers of a wide range of prices, but also many options for the implementation of the transaction for the transfer of ownership of movable property. From a legal point of view, it is optimal to execute a transaction by signing a purchase and sale agreement. However, this method, on the one hand, requires additional investment of time and money, on the other hand, it does not allow hiding the fact of purchasing or selling a car. Let's consider how the sale of a car by proxy is carried out.

What are the ways to sell a car

Nowadays, there are many ways to transfer ownership of a used car:

• Direct car sale. You can sell in person or through intermediaries. By engaging intermediaries - car dealerships, commission car dealerships, individuals - you will have to give up part of the cost of the car to pay for their services. But this way you will save your time and energy.
• Trade-in program. In this case, the car is exchanged for another, new or used one, and its cost is taken into account in the final settlement. Sometimes the owner who handed over the car for exchange can even get another car and a surcharge.
• Car redemption. In this case, the procedure is in many ways similar to Trade-in: you offer a car, they study it and set a price. The difference is that you take the money. As with the Trade-in scheme, the car will be priced below the market average, but you will be relieved of the need to sell in person.
• Sale of vehicles through the issuance of a power of attorney. From the point of view of jurisprudence, the issuance of a power of attorney with the right to sell does not mean that the ownership of the car has passed to another person, therefore, it is not called a sale. However, this term is widely used among motorists, and we will use it in the article.

Why selling a car by proxy is convenient

When selling a car through a general power of attorney, you can get a number of advantages - both technical and legal. Technically, the parties to the transaction do not need to take any additional action. Having received the car in the property, new owner must register it with the traffic police within 10 days, and the seller must enter information about the sale of the car in the tax return for the current year and pay taxes. But since the legal transfer of property rights has not taken place, it is not necessary to take such actions in the near future. Maximum term the power of attorney is valid for 3 years, and during this time a lot can change.

Answering the question whether it is possible to sell a car without an owner, it should be noted that this can be done precisely on the basis of a general power of attorney. And this is another one of her technical advantage: people get sick, get old, simply do not have time to sell, and the power of attorney allows it to be carried out.

In a legal sense, the transfer of the right to dispose of the car by proxy allows the parties to the transaction to hide the fact of the sale or purchase of the car. This is sometimes very important. For example, a person with debts may drive a car and be considered insolvent, since the car does not formally belong to him. This is often used by resellers, because if they were selling cars under a sales contract, it would be impossible to hide the fact of their economic activity. But by proxy it is quite possible, and resellers are actively using it. There are other cases when the seller or the buyer needs to disguise the fact of the transaction for the purchase or sale of a car.

How a power of attorney is drawn up and how much it will cost

Risks when selling a car by proxy

If you have made the decision to buy and sell a car by proxy, this has its pros and cons for both the seller and the buyer. The pros were mentioned above, now let's figure out the cons. The reason for the risks is the lack of a legally confirmed transfer of ownership of the vehicle. That is, until the buyer registers the car in his name, the car still belongs to the person registered in the STS.

The greatest material risks in this case are borne by the buyer. The owner of the car can revoke the power of attorney at any time, although this is quite rare. In addition, the owner can die, then all documents issued by him for the right to dispose of the property are automatically canceled and the rights to the car pass to the heirs. They often declare that they do not know about any sale and demand the return of their property.

The seller receives fines based on the data of video and photographic recording systems of traffic violations. Since the car formally belongs to the person indicated in the STS, the fines are sent to him at his home address. In addition, he must pay transport tax. And even if you have agreed that the buyer will be the taxpayer, the owner of the car is responsible for contributing money to the state budget.

It is difficult to say what to do if taxes or fines come in. If it is possible to find a buyer and he is a decent person, you will be refunded these costs. However, the car can be sold under a second power of attorney, operated in a remote region, and there is no connection with the new owner, so it is difficult to answer the question of what to do in this case. At the same time, you need to understand that the nominal owner of the car is responsible for penalties and tax obligations to the state. Moreover, if the car gets into an accident, and the driver fled from the scene, the police will again come to the owner of the vehicle.

How to avoid becoming a victim of a scammer when selling a car

When selling a used car, both by the owner himself and by his authorized representative, you may encounter scammers acting as buyers. Most often, they offer dubious payment or re-registration schemes, as a result of which the seller may lose both the vehicle and the money for its sale. Therefore, you do not need to agree to this and conclude a deal, especially in terms of transferring money. This can only be done in the presence of a notary or a reliable “support group” on your part. If the identity of the buyer or the proposed settlement conditions are in doubt, it is better to refuse the transaction.

Finally

When buying a car, it is best to conclude a sales contract and register the car for the new owner. In this case, the risks for both parties to the transaction are minimal. And only if the benefits of a general power of attorney for you significantly outweigh the risks, you can agree to such a deal. This method is quite legal, but it can bring unpleasant surprises for both the seller and the buyer.

Selling a car under a general power of attorney: Video

To this day, another, outdated way of selling a car from hands has survived. This is a general power of attorney. Should I sell a car by proxy in 2019? You decide. Because today selling a car under a general power of attorney no longer has those delights that a few years ago, and entails more problems than benefits.

In this article, we will tell you how to sell a car by proxy, what is the difference between such a sale and the conclusion of a monetary policy, and how this kind of deal goes.

Features of sale through a general power of attorney

To sell a car by proxy, you first need to find the right buyer. It is important to understand that "power of attorney" comes from the word "trust" and it is highly desirable that you trust your customer. Ideally, if this is your relative or close friend.

A sale under a general power of attorney is a “sale without a sale”. The car remains in your ownership, but at the same time the authorized person can use it to the fullest. At least the one that you set in the document.

A general power of attorney can include different powers for a trustee. If the right to sell is granted, the authorized person can sell the car on your behalf without your consent. If there is no such right, then a person can simply use your car, but cannot sell or transfer it.

The only key difference from the sale and purchase agreement is the preservation of the car in the seller's property, which can be fraught with problems in the future, since the responsibility remains with the owner. The buyer also bears risks from this, if the seller suddenly decides to remove the car from the register.

Deal conclusion and commitments

Selling a car for a gene. power of attorney differs mainly in that the seller retains the title of ownership with all that it implies. There is no question here whether it is necessary to remove the car from the register. The car is yours, and the buyer cannot put it on the register by proxy.

Taxes are also not paid when selling a car under a power of attorney - this can be considered an advantage, but it should be understood that a car for which there is a large tax and the sale of which under the monetary policy will be followed by a large tax payment will not interest the buyer under the general power of attorney.

And yet, how to sell a car under a general power of attorney?

The deal goes as follows:

• The seller meets with the notary, in the presence of the buyer or not - it does not matter;
• The powers that the buyer of the car will receive under the general power of attorney are determined;
• The document is drawn up and notarized;
• The power of attorney is signed by the parties to the transaction.

From this moment, the authorized person can do everything that you indicated in the document, and has the right to dispose of your car within the limits of what is permitted. But even with the broadest powers, he will not be able to register the vehicle and register it for himself - the car remains yours until the general power of attorney is terminated for one reason or another, or until the authorized person sells the car from your name (if he has such authority).

If you decide to deregister a car sold by power of attorney, the very first traffic police officer who stops your authorized representative in the car will have questions, and, most likely, the car will simply be seized.

For the buyer, other threats remain, for example, to buy a car on the wanted list or arrest, since when buying by proxy, one does not even need to show up at the traffic police, and there is no one to check the car. To prove your honesty on the spot, check your car online.

The Autocode service will tell you in detail whether the car has restrictions, whether it has been in accidents, and what the purchase of a vehicle may be fraught with. And an on-site check of a specialist will help to reveal the actual technical specifications on the spot. vehicle condition. Which will definitely increase the chances of a sale.

Updated: 29.06.2018 3082

How not to lose your car after buying it under a general power of attorney

Hello everyone, my name is Ilya and let's talk about how the purchase of a car under a general power of attorney should proceed, whether it is worth concluding such deals today and how dangerous it is.

In I told you about the general power of attorney (GD) itself and about buying a car according to a scheme with its participation.

Now let's talk about buyers who are more vulnerable in such transactions and who are often unable to help even lawyers. After all, the loss of a purchased car due to the legal inferiority of a transaction under a general power of attorney is a very common occurrence in the practice of jurisprudence.

And a similar problem is observed not only in Russia, but also in Belarus, Ukraine and Kazakhstan, since similar legislation is used in almost all the post-Soviet space.

But don't get discouraged! Many things in this world can be solved in one way or another.

If you have already made a deal on the State Duma, not knowing how it was necessary, or in your case it was more profitable to buy transport that way, then the information from this article will definitely come in handy.

Pros: who needs it

In 2016, car sales and purchases using a general power of attorney continued to decrease in number, as in 2015 and 2014.

This is due to known changes in automotive legislation from 2013, after which (MTP) became much simpler and sharply increased in popularity.

Well, judge for yourself: now, if you wish, you can buy a car without deregistration, with native numbers, concluding free-form DCT anywhere, without the presence of official supervision and approval. Who else will need GD deals then? That's right, few people!

But someone still needs them, since they still have not become obsolete. Let's see who it could be:

• Some people with a very tight time schedule, who need to arrange everything quickly, so as not to miss a profitable option, and then, usually within a month indicated by the seller in the State Duma, re-register the car for themselves ();

• Cases when the car is not criminal, but it is impossible to sell it under the monetary policy due to various reasons (for example, inconsistency of the data in the documentation with the data on the car markers);

• Attempts to save on taxes and fees. Although this is a very dubious economy, if transport is purchased in the lowest price range, then this reason may have some logical justification;

• Acquisition of a vehicle (TS) in the "sobbed" segment, where the form of acquisition, and sometimes the very presence of a complete package of mandatory documentation, is not critical (transport for driving in places where there is no traffic police, for disassembly, etc.);

• And of course, the segment of cars with a criminal or near-criminal past. Those who want to buy such cars, knowing in advance that not everything is clean with them, oddly enough, is quite enough. People, of course, are tempted by the price of such transactions and they hope for a chance. Naturally, there is the highest percentage of autocriminals.

Cons: what risks do you bear

Well, there are more than enough minuses here, and only the most meticulous lawyer will probably be able to collect all of them in full. I will try here to list the most relevant, common and most pernicious.

But before that, you must understand one most important legal detail in this case, on which all the riskiness of transactions under the state tax is based.

Owner and owner

The fact is that in jurisprudence the concepts of "owner" and "owner" are strictly differentiated and are not synonyms, as is the case in the popular lexicon.

• An owner is a natural or legal person who has full rights on something, according to the main documentation for it;
• An owner is a natural or legal person who has a certain set of rights in relation to something, established by the owner for a certain period.

Chevrolet Tacuma / resso / Vivant /, President Yushchenko and a huge guy who seemed to me Klitschko

That is, the owner has full and exclusive power over his property, confirmed by the original documents.

And the owner can only have conditional power over the property of the owner, confirmed by a document from the same owner. Sorry for the pun.

In our case, a general form of power of attorney (with the right to sale and transfer) is used with car transactions, usually giving extended rights to the car owner, according to which he becomes a kind of pseudo-owner. Or almost the owner, in other words.

It is this "almost" that is the cause of many risks to the new owner of the car. After all, it may sound like a revelation to you, but in the Civil Code (GKRF) in the paragraphs about the power of attorney there is no such term "general".

There are many types of all kinds of powers of attorney with legal names, but the State Duma is just the “artistic” name for a power of attorney with extended powers.

List of risks arising from a trustee - a car owner

I repeat that this list does not reflect all sorts of particular nuances that any legal distortion inevitably generates, and the sale and purchase transaction under the State Duma is exactly that, fulfilling the role of such a “popular alternative for the lazy”.

• Your principal, if he suddenly so pleases (for example, after a liter of vodka: x), can take and write another GD to a completely different person. The presence of a car under the nose is not required at all for this "sacred rite". And your trusted person, that is, you, may have serious problems if a new trusted person decides to take your car from you, because your power of attorney is automatically canceled by a newly issued one (more "fresh" from the owner's hand);
• Well, it goes without saying that the "true owner" can at any time cancel his GD to the principal, without specifying the reasons and notifying you;
• The State Duma necessarily has a delayed-action mine - the term. If this period is not of a near-cosmic scale, then it may well end and often with zero prospects for its extension due to the inaccessibility of the owner (for example, he left for Israel, is hiding from the police, disappeared, passed away, or got a serious certificate from a mental hospital: smile :);
• And also, if, God forbid, trouble happens to you (you end up in a psychiatric hospital or join the majority), then not your relatives will have legal rights to the orphaned car, but guess who yourself;
• If the principal was a legal entity, for example, LLC "Horns and Hoofs" and then it threw back these hooves (was liquidated), then, as they say, "horns in the water" - there is no one to look for and turn to, there is not even a grave: smile :;
• And the funniest thing: if you sell a car, and the owner finds out about it and decides to take money from you (well, for example, over the years he has evolved into an alcoholic and he really, really needs them for a "cure": smile :), then this he may well succeed.

And there are also some "little things and" inconveniences ":

How to properly purchase a car under a general power of attorney

So, you have familiarized yourself with all the risks present in the transaction under the general power of attorney and remained confident that this cup will pass you. You are a real harsh Slav. Then get down to business!

And the business here, as mentioned above, the cat cried - the very procedure for such a purchase is really very simple and fast.

If the owner has a power of attorney prepared in advance, certified by a familiar notary, and this sometimes happens, then the owner will only enter you into it and into the insurance policy, put the date and the trick. You can pay for the car, pick up the keys and documents and leave.

But most often both pieceworkers go to the notary's office and there, on the spot, the State Duma is issued for you, which is also not for long. However, this is in the event that you use any commercial office with a low client flow. Otherwise, you will need to call and clarify the time of appointment.

Well, prices can also be guided by - they can vary significantly. Only this does not mean that you have to agree to go with the owner to some suspicious apartment on the ground floor because of the very low cost of services. These could be crooks associated with your "owner" selling you a stolen car, or worse.

The notary office must be genuine and credible in all respects.

From you personally, only a passport or passport data is required from the documents and nothing else. The notary will fill in the required fields of the power of attorney by himself, and you will not even need to sign.

But this only applies to the State Duma, and you still, if you already have a couple of free minutes, should insist on the following:

• Drawing up an act of acceptance and transfer of a car (it can be drawn up independently of the DCT) - this document is more useful to the owner, but it will also be useful to you in court, if such a need arises;
• Drawing up a financial receipt is a standard receipt for receiving funds, indicating all the data of both parties and the subject of payment (car), which can really help you out in case of force majeure.

Attention! In cases where the power of attorney is canceled for any reason and the owner is physically unavailable to renew it (died, disappeared, mentally ill, left for permanent residence far abroad), you can, through a court decision, approve the ownership of your car on the basis of a financial receipt, which in In this case, it will be recognized as a free form of monetary policy, which is not prohibited by law.

That is, you understand - the owner's receipt for receiving money from you, only a detailed receipt with all the data (him, yours, cars) can serve as a sales contract if the court approves it in this capacity.

The court has few objective reasons not to do this - the DKP can be drawn up in a completely free (and even oral - in the traffic police) form. What is the receipt, indicating everything and everyone and with all the signatures, is not the DCT for us? Just by name - that's why a court decision is needed.

All these documents (act and receipt) should be in duplicate. If the owner refuses his copies, then take everything - it will be useful.

Well, and, if possible, it is better to re-register the car as soon as possible into your full-fledged property.

In conclusion, watch this video, where lawyers clearly and cheerfully talk about solving problems associated with a general power of attorney:

• Do not forget the fact that it is the owner, and not you, who will receive receipts for road tax, as well as receipts for fines from robotic systems fixing traffic violations.
• If you have an accident that is clearly not your fault, and the culprit refuses to compensate for the damage, then you can force him to do this in court only if there is a special judicial power of attorney from the owner of the car - without it, the statement of claim will not be accepted.
• You should know that even though the State Duma is notarized, there are fewer difficulties in forging such a document than in counterfeiting, say, a PTS (vehicle passport). Therefore, carefully check not only the data of the owner and the car, but also of the notary and his office.

Conclusion

Well, we have figured out what's what, with the purchase of a car under a general power of attorney. The main conclusions here are:

• The buyer has a lot of risks when buying a car at the State Duma;
• These transactions are best done as an exception rather than a rule;
• During the purchase process, you should definitely stock up on additional documents confirming the sale and purchase: an act of acceptance and transfer and a financial receipt.

Did you buy a car with a power of attorney gene after the law that made its use a rarity was passed? For what purposes did you need it? And in general, did the gene bring you. power of attorney problem? Tell me and the others about it in the comments.

It will be very interesting and useful for us to find out, especially how you solved the difficulties that arose. If I like the text, then I will add it to the article, indicating your authorship: cool :. You will be famous, if not against, of course.

As of today, I'm rounding up, going to have tea and waiting for your comments on the article with reviews and questions. Do not forget to disseminate useful knowledge on the Runet through the buttons of social networks, and so that you are always aware of the news from my blog, subscribe to its updates - this is actually very convenient!

Be active and cheerful. Bye!

More on the topic:

Comments on the article: 12

Yulich

11.03.2017 | 06:57

Thanks for the advice! Please tell me, in the case of a car, the subject of the claim and the jurisdiction of such a case. Thanks!

Sergey

08.08.2017 | 14:24

Hello Ilya. I am interested in purchasing a car from Belarus by proxy. We need a specialist for legal support transactions. Could you recommend one if you know? Thanks.

Best regards, Sergei.

Anton

25.01.2018 | 20:27

I buy myself a Honda Civic on Avito about a year ago. I was not mistaken with the choice of a car and an Internet site. I have no questions to the seller. I am very pleased with the car. Of all the cars I've owned, this one is the coolest. During the operation, although it is rather short, I did not find a single breakdown. I even taxed for a couple of months and everything was fine. I wish everyone such successful shopping as mine)

Maria

Hello!!! I want to sell a car for a gene. powers of attorney (with the right to sell). The owner has no desire to sell cars. Can I personally enter myself into the commercial proposal agreement, and into the TCP as a seller? Thanks.

Ivan, Hello.

Describe what you want to achieve in the end.

Nowadays, the owner does not need to do anything to sell a car. Sign the DCT, count the money received. Well, except that 10 days after that, contact the traffic police to find out if the buyer re-registered the car on himself. And if not, then write an application to terminate registration.

He does not need to do any reconciliation of numbers. No deregistration ...

Hello, I took on a loan for another person, but he does not pay it, but I have a general power of attorney for his car with the right to sell. Can I sell his car without his name

Anea, Hello.

If the power of attorney states that you can sell the car on behalf of "another person", then you can do so. You do not have to notify him.

Good luck on the road!

Hello! The car was purchased in 2007. The owner of the car died in 2008. The car was inherited by the daughter of the deceased owner. In 2014, she wrote a general power of attorney for me (we are not relatives). In this case, who should receive the transport tax? For some reason, over 10 years, all transport tax came to my name.

Hello, I bought a car but so far I can’t re-register it for myself as I haven’t paid the full amount for the car. By agreement, within half a year, I must return the full amount for the car and we will issue the purchase and sale. Tell me how to issue a general power of attorney and so that it does not work out that the seller can pick up the car at any time and I will be left without money and a car! Will it be possible to issue a general power of attorney and attach a receipt to it that he (the seller) received the N-th amount of money for this car and cannot pick it up at any time!

If you make a sale and purchase through a power of attorney, then the owner can revoke it at any time. Or simply, he will die, and the power of attorney will automatically cease to be valid.

The correct option is buying and selling under monetary policy, and the parallel execution of a loan agreement for the missing amount. The car becomes your property, and then you pay off the loan agreement.

Dinar, Hello.

The tax must go to the person for whom the car is registered with the traffic police. In the situation described, this is the daughter of the deceased owner.

Good luck on the road!

Hello.

The question is the following, I, a citizen of the former Ukraine (Donetsk region), have a temporary residence permit in the Russian Federation, Russian citizenship.

I drive a car with Ukrainian license plates, which is issued to my father, but I have a general power of attorney.

Can I register the car without customs clearance?

What documents are better to present - TRP or Russian passport?

Hello! Tell me, please, I bought a car, but did not put it on record on time, since the car was seized for examination by MREO employees during inspection due to suspicion of digestion of body numbers. A month and a half later, the car was returned with an expert opinion that the suspicions were not confirmed. The former owner of the car (he is in North Ossetia) stopped registration due to the loss of the vehicle. I and the car are in the Crimea. The owner of the car offered to issue a general power of attorney for me so that I could resume registration again. Will I be able to do this in p. Crimea, or is it necessary to go to North Ossetia, where the car is registered and removed from the register due to its loss there?

Elena2710, Hello.

If the car is imported from another state, then it will be possible to register it in the Russian Federation only after customs clearance.

Good luck on the road!

In general, the situation. The seller acted illegally, because he could not report the loss of the car after he sold it. This is confirmed by your existing contract. He also has no right to issue a power of attorney, since he is not the owner of the vehicle.

Good luck on the road!

Victoria-39

Good afternoon. I want to buy a car from my sister. She lives in St. Petersburg, I will have to drive the car to Krasnodar. We don’t know what is the best way to proceed - a sales contract or gender-based trust? In any case, 10 days to re-register the vehicle?

Victoria, Hello.

If you have a notarized power of attorney, you will not be able to sell the car to yourself using it. Those. a third person is needed, for whom there will be a power of attorney.

In general, the following options are possible:

1. You conclude a monetary policy in St. Petersburg, buy compulsory motor third party liability insurance, change the registration data in the traffic police. After that, you can go to Krasnodar for at least a year. If desired, in Krasnodar, you can replace the numbers with local ones.

2. You conclude a PrEP in St. Petersburg and go to Krasnodar for registration. In this case, you need to keep within 10 days. At the same time, OSAGO can be bought both in St. Petersburg and in Krasnodar. The cost does not depend on the place of purchase.

Good luck on the road!

Victoria-39

And just having gender in my hands, I will not be able to register a car in Krasnodar? I just wanted my sister to put me in the insurance and I would calmly drive to Krasnodar. There is insurance for another 3 months.

Victoria, by notarial power of attorney you can only sell the car. You will not be able to register the car to yourself.

As far as insurance is concerned, your sister can go to the insurance company and get the money back for the remainder of the period. In any case, you will need a new policy, where you will be listed as the owner.

Good luck on the road!

Mikhail-150

I, too, have recently been engaged in the selection and purchase of a car. So, the car that I bought over the Internet fully met my expectations. Absolutely nothing has broken or failed during the period of operation. The only thing I do is just change consumables. Despite the fact that it has an automatic transmission, although I am a supporter of mechanics, the car pleases both in terms of driving and in the operational part. Beast)

Good day!

The question is, I want to buy a car under a general power of attorney, but the seller also owns it under a general power of attorney, is he entitled to sell me this car under a general power of attorney?

Hello.

If the power of attorney states that it was issued "without the right of substitution", then you will not be able to use the scheme you specified.

Good luck on the road!

Just do not forget that in the event of the death of one of the principals, all powers of attorney issued by them lose their validity, and the car becomes the property of the client's heir ...

Vladimir-285

Hello, I will try briefly. I am moving from Kazakhstan to Russia, to Novosibirsk. I sell a car in KZ, but I can buy a supported gazelle in the Russian Federation and re-register for myself only after obtaining citizenship or a temporary residence permit, and in fact the question itself is how convenient it will be for me to buy a car for a friend or relative so that he can write me a general power of attorney, and then upon receipt required documents conclude the owner's DKT with me or resale to my brother or mother upon receipt of documents by them?

I need a car, I plan to use it for a home move.

Vladimir, Hello.

but I can buy a supported gazelle in the Russian Federation and re-register it for myself only upon obtaining citizenship or a temporary residence permit

What is the reason for this?

Theoretically, you can register a car for a person you trust. In this case, the usual power of attorney will be enough to operate the machine. Why do you need a general one?

good day

I have a DG with the right to sell. According to the documents, the owner is a different person. I want to sell a car. Actually, the procedure is not clear a little.

1) Can I sign the TCP and the K-P agreement?

2) Do I need to transfer the gene. power of attorney to the buyer?

3) Will he be able to register the car without any problems?

novel, Hello.

1. You can. The contract must indicate that it is signed on behalf of the owner by a legal representative acting on the basis of a power of attorney (and the details of the power of attorney).

3. If all documents are in order, then there will be no problems.

Good luck on the road!

Valentine-15

To contact the insurance company, they requested a power of attorney from the owner to represent their interests. Here's a use case.

By the way, perhaps someone came across and there are other ways / documents? Insurance VSK

A general power of attorney is a power of attorney to perform ANY actions. And for the insurance company, you can issue a power of attorney for specific actions and such a power of attorney will no longer be general. For example, why would an insurance company trust the ability to sell or donate ???

Valentine, I can assume that the insurance company is simply trying to find new ways not to sell OSAGO to drivers. Try another insurance company.

Good luck on the road!

Alexey-430

Good afternoon, I wanted to clarify, I am buying a car from a friend. In Moscow, myself from Belarus. I have known a friend for a long time, so I trust, the question is, what kind of power of attorney should I issue, general or ordinary?

To make it faster and cheaper, and can I fill out this power of attorney myself?

And another such situation, suddenly my car will be taken away from me at the impoundment, can I then pick it up in my country without a friend?

Good afternoon.

for work I had to leave my native Izhevsk for Moscow. He left the car temporarily in Izhevsk. After buying the car, I registered it to my mother. Now I decided to overtake the car in Moscow time. Mom is worried that if I have an accident, she will have to go to Moscow and offers to re-register the car for me by donation. I have absolutely no time, tk. I will fly to Izhevsk in the evening, and the next day I will go back.

There was an idea of ​​drawing up a general power of attorney, tk. for its registration, my mother needs to come to a notary and arrange it even without my presence. In this regard, the following questions arose:

1. Will the general power of attorney help save my mother from the hassle in the event of an accident?

2. As I understand it, all fines, taxes and so on will come to her?

3. If the car is evacuated to the impound parking lot, can I pick it up with this power of attorney?

4. Registration of compulsory motor third party liability insurance, and other related procedures, is it possible with the power of attorney gene?

In general, I'm looking for a way to pick up a car in Moscow time, saving my mother from the hassle and stress and not doing the paperwork for donation due to lack of time.

Thanks in advance for your reply.

Alexey, Hello.

Why don't you want to buy a car at a standard price?

Neither a regular nor a general power of attorney will make your car yours. Those. it will belong to your friend.

Unfortunately, I am not familiar with the legislation of Belarus and I do not know to whom the cars are returned from the impound parking lot (only to the owners or a representative's appeal is possible). You will have to study this question yourself.

Good luck on the road!

wilkeen, Hello.

For the situation as a whole. The driver contacts the insurance company, not the owner of the car. Those. Your mother will not have to go to Moscow. Even if for some reason your mother has to contact the insurance company, she will be able to do it in the office at the place of residence. So you don't have to do anything with the reissue at all.