In the face of _________________________________________, operating on the basis of _____________, hereinafter referred to as the "Lessor", on the one hand, and _____________________, in the face of _________________________________, which operates on the basis of _________________, hereinafter referred to as "Tenant", and together here, "parties" concluded this agreement :
1. The Subject of the Agreement
1.1. The subject of this lease agreement is to provide the landlord for temporary possession and use, for the fee of the tenant vehicle brands _________________;
- model _________________;
- modification (type) _________________;
- year of issue ________;
- government number _________________;
- identification number (VIN) ________;
- color _________________;
- N chassis (frame) ________;
- N engine ________;
- N body (strollers, trailer) ________;
- transportation passport Series ________ N ________, issued __________________________, with the right to redeem vehicle.
1.2. The vehicle is leased by the tenant on the conditions of ownership and use, without providing management services, maintenance and operation.
1.3. The specified vehicle is in good condition that meets the requirements for exploited vehicles.
1.4. The tenant on its own and at its own expense ensures proper operation, and also bears the costs of the maintenance of the vehicle and the costs arising in connection with operation, during the entire term of the contract.
1.5. The tenant is not entitled to dispose of the vehicle without negotiation with the landlord. The transfer of the vehicle in the sublease is also possible in coordination with the landlord.
2. Payments and procedure for calculations
2.1. The cost of using the vehicle transmitted for rent is ________ rubles in (Determine the period).
2.2. The specified rent is paid by the tenant by transferring to the current account of the Lessor to _________________.
2.3. The redemption price of the leased vehicle is _________________.
2.4. When a vehicle is redepeted, the tenant in the offset of the redemption price includes earlier rental payments. The remaining part of the redemption price is the tenant within ________ days after the end of the transportation period of the vehicle to the current account of the landlord.
2.5. The size of the rent and redeemed price, if there is an objective reality, may change under the term of the contract by agreement of the parties.
2.6. The tenant has the right to demand from the lessor to reduce rent and redeemed price in the corresponding amount, if due to the circumstances to which it cannot affect and for the result of the onset of which cannot be responsible, the conditions for the use of the vehicle being leased by the contract, or the state of the In the rental of the vehicle, they deteriorated significantly.
3. Transition of ownership
3.1. After making a fundamental redemption agreement, the landlord is transferred to the ownership of the tenant.
3.2. The realization of the right of the tenant for the redemption of the vehicle and the transition of property rights is issued by drawing up and signing by the Parties of the Supplementary Agreement.
4. Lessor's duties
4.1. Transfer to the tenant on the act of acceptance and transmission vehicle, which is the object of the lease, and the technical documentation related to it during ________ days from the date of signing this Agreement.
4.2. Check the health of the vehicle rental in the presence of a tenant.
5. Duties of the tenant
5.1. Take from the landlord for the act of acceptance of the vehicle during ________ days from the date of signing this Agreement.
5.2. To carry the costs of maintaining a leased vehicle, its insurance, including their liability insurance, as well as expenses arising from its operation.
5.3. During the entire term of the lease agreement, the vehicle is maintained in proper technical condition, as well as carry out regular maintenance, current repairs, provide vehicle with necessary spare parts and other accessories.
5.4. In the event of a change in the location or financial state, notify the landlord about this during ________ working days.
5.5. Timely make payments caused by the contract.
6. Term of the contract
6.1. This Agreement is concluded by the parties for a period of ________ years and enters into force on the date of its signing by the Parties.
6.2. This Agreement may be terminated by the Landlord unilaterally under the systematic (more than two times) by the tenant of its duties under the Agreement regarding timely payments on the payment of the rent.
6.3. In case of termination of this Agreement on the grounds specified in paragraph 6.2., The vehicle is returned by the tenant during ________ days from the date of termination of the contract.
6.4. The implementation of this Agreement is terminated if the tenant executes all its obligations under the contract, including with the full and early payment of the tenant of the entire amount of the redemption price, as well as when returning the vehicle to the landlord.
7. Responsibility of Party
7.1. The contract of the contract, unrevered or fulfilling its obligations inappropriately, is responsible in the presence of guilt.
7.2. The tenant is obliged to reimburse the landlord damage caused in the event of death or damage to the leased vehicle if the landlord proves that death or damage occurred as a result of the circumstances for which the tenant is responsible in accordance with the current legislation or terms of this Agreement.
7.3. The contract's side, whose property interests are violated as a result of the non-fulfillment or improper fulfillment of obligations under the contract by the other party, has the right to demand a full refund of the losses caused to it.
8. The procedure for resolving disputes
8.1. The parties will take all measures to regulate emerging disputes and disagreements through negotiations.
8.2. If an understanding of mutual understanding, the dispute is transferred to the permission of the arbitral tribunal according to the existing jurisdiction.
9. Final conditions
9.1. The parties are not entitled to transfer their rights or obligations under this Agreement to third parties without written consent to the other.
9.2. Changes and additions to this Agreement are performed in writing and are signed by the parties.
9.3. All additional agreements are attached to this Agreement and are an integral part.
9.4. This Agreement is drawn up in three authentic copies having the same legal force, two copies are stored at the lessor, the third copy is transmitted to the tenant.
9.5. On issues that have not been reflected in the contract, the parties are guided by applicable law.
Citizen, passport (series, number, issued), living at the address, referred to as " Landlord"On the one hand, a citizen, a passport (series, number issued), living at the address, referred to as" Tenant", On the other hand, hereinafter referred to as" Parties", Entered into this Agreement, in the future" contract ", as follows:1. THE SUBJECT OF THE AGREEMENT
1.1. On the terms of this Agreement, the landlord leases, and the Tenant takes rent from subsequent redemption Next motor vehicle (hereinafter - car):
- model;
- year of issue ;
- plate number ;
- Engine no;
- Body number.
1.2. The car is leased to the tenant on the conditions of ownership and use. After making a tenant of all rental payments And from the moment they exercise the last payment of the rental fee to the landlord the car becomes the property to the tenant.
1.3. The tenant, from the moment the car is transferred to him by the landlord, receives the right to reissuate the vehicle in its own name and use the car throughout the lease term.
1.4. In coordination between the parties, the cost of the car, taking into account the rate of depreciation, the technical condition, commodity and demand in the automotive market, is rubles.
2. Rent and calculations between the parties
2.1. The rent pays the tenant in the following order:
- from the date of signing of this Agreement to the "" year of the year in the amount of rubles per month;
- subsequently every month equal amounts of rubles no later than the month preceding paid.
2.2. The rent is transferred to the tenant on the personal account of the landlord in the bank or is paid to the landlord in cash.
2.3. For delay in payments for a period of more than one month, the tenant pays the landlord a fine - penalty in the amount of% for each day of delay from the amount of the next payment.
3. Rights and obligations of the parties
3.1. The landlord undertakes:
- transfer to the tenant on the act of receiving the car, spare parts and required tool To it, the technical passport of the car during working days from the date of signing this Agreement.
3.2. The tenant undertakes:
- take from the landlord for the act of receiving the car, spare parts and the necessary tool to it, the technical passport of the car during working days from the date of signing this Agreement;
- insure a car for the entire validity of this Agreement;
- if you change your place of residence or financial condition, notify the landlord within the working days;
- take on all the risks associated with the destruction or loss, theft, premature wear, damage and damage to the car, regardless of whether they will correct or incorporate damage;
- carry the burden of car content in case of damage, at its own expense to produce all work on its repair and recovery;
- replace the damaged car on any similar car, if it is impossible to restore it to a state that meets the requirements of the Lessor;
- timely payments to the Landlord for the payment of rent.
3.3. The tenant is not entitled to dispose of the car (change, pass in the deposit, to alienate with a different way) without negotiation with the landlord. The delivery of the car in the sublease is allowed as agreed with the landlord.
4. Special conditions
4.1. From the moment of signing this Agreement and the act of receiving the car, all possible risks, including the risk of random death or random damage, go to the tenant.
4.2. None of the parties have the right to transfer its rights or obligations under this Agreement to third parties without written consent to the other side. Any such transfer / assignment of rights or duties, implemented contrary to the terms of this Agreement, will be considered invalid and non-legal.
4.3. In the event of the death of the landlord, recognizing him in court is missingly missing, incapable or limitedly capable of his rights go to its close relatives in the procedure established by law.
5. Additional conditions
5.1. One-sided refusal to execute the terms of the Terms of this Agreement is not allowed.
5.2. Change or the addition of this Agreement is allowed in coordination between the parties.
5.3. All changes and additions to this Agreement should be committed by signing additional agreements by authorized persons on the persons.
5.4. Leases are allowed under this Treaty for the tenant with a third party (legal or individual) of a third party (legal or individual) of a fully either part of the rental amount.
6. Ownership
6.1. After receiving the landlord from the tenant of the entire amount moneyspecified in paragraph 1.4 of this Agreement, the car goes into ownership (in possession, use and disposal) of the tenant.
7. Term of the contract
7.1. This Agreement is concluded by the parties for a period of years and comes into force on the date of its signing by the Parties.
7.2. This Agreement may be terminated by the Landlord unilaterally under the systematic (more than two times) by the tenant of its duties under this Agreement in terms of timely payments to pay the rent. In the case of termination by the Landlord of this Agreement on the grounds specified in this paragraph, the car and the car and The technical passport for it is returned to the Lessor within working days from the date of termination of this Agreement.
7.3. The implementation of this Agreement terminates in the case of a tenant execution of all its obligations under the contract, including with the full and early payment of the tenant of the entire amount specified in paragraph 1.4 of this Agreement, return the car to the Lessor.
8. Consideration of disputes
8.1. All disputes and disagreements arising from this Treaty or in connection with it will, if possible, to solve through negotiations. In case the parties do not come to an agreement, the dispute is subject to consideration in court in accordance with the procedure established by law.
8.2. In all that is not provided for by this Agreement, the parties will be guided by the current legislation of the Russian Federation.
9. Other conditions
9.1. The car is transmitted by the act of technical condition with the application of the technical passport, the power of attorney to perform transactions with the car, a copy of the certificate of the previous acquisition, instruction manual.
9.2. In the event of a return of the car under the conditions of paragraph 7.2 of this Agreement, the car is transferred to the act of acceptance and application of documents according to claim 9.1, while returning is carried out in the original condition, taking into account normal technical wear during operation. This Agreement is drawn up in two copies having the same legal force
DETAILS AND SIGNATURES
Landlord
- Registration address:
- Mailing address:
- Phone fax:
- Passport Series, number:
- Issued by:
- When issued:
- Signature:
Tenant
- Registration address:
- Mailing address:
- Phone fax:
- Passport Series, number:
- Issued by:
- When issued:
- Signature:
For legal design The sale of the car in installments is possible two options:
First option - Conclude a contract of sale with installment payment. In this case, you can transfer the car to the owner or at the time of signing the contract, or on the last payment day, depending on what you write in your contract. In case of concluding a contract of sale, if the buyer cannot pay for the car, you will need to be determined what to do with the money transferred by the buyer: to return them to the buyer in full or taking into account the wear of the car.
The second option is to conclude a car lease agreement followed by redemption. According to Part 1 of Article 624 of the Civil Code Russian FederationIn the lease agreement, it may be provided for that the leased property goes to the ownership of the tenant after the lease term or before its expiration, subject to the deployment of the rented price agreement.
When concluding such a contract, the money introduced by the buyer-tenant is considered simultaneously rental board And payment of the redemption price of the car. The buyer-tenant, in the event of termination of the contract until the redemption price payment is not entitled to take the money made, as they are considered a rent.
Sample car rental agreement with subsequent redemption:
Treaty
rent a car with subsequent redemption
khabarovsk "___" __________ 20_ _ year
Hereinafter referred to as the "Lessor", on the one hand, and _______________________________, hereinafter referred to as the "Tenant", on the other hand, have concluded this lease agreement a passenger car The following:
1. THE SUBJECT OF THE AGREEMENT
1.1. The landlord transmits a tenant to the urgent paid use of the brand's car owned by him ___________ model ____________, state registration number _______________ (hereinafter referred to as the car), and the tenant takes the specified car for personal use.
1.2. The car goes to the ownership of the tenant after the lease term expired, subject to the deployment of the entire redemption price indicated in paragraph 1.3 of this Agreement.
1.3. The redemption price of the car is ____________ rubles (_____________ in words _____________ rubles).
1.4. The car is used by the tenant for personal use, its use should not contradict its appointment.
1.5. For the term of this Agreement, the landlord transmits documents to the tenant necessary for car management.
2. Terms of contract
2.1. When transferring a car, the parties of this contract verifies its technical condition, negotiate the existing malfunctions and the order of their elimination. The fact of transferring a car is issued by the act of acceptance and transmission, which is an integral part of this contract.
2.2. In the case of the early tenant, it undertakes to return the car to the Lessor in good technical condition, taking into account its normal wear, according to the state of the body, the cabin, the lighting devices, the chassis of the car is described in the act of acceptance and transmission the day of the car to the rental.
2.3. The tenant is carried out by the leased car on its own and its operation.
2.4. In case of damage to the parts of the car due to the fault of the tenant, the repair is made at the expense of the tenant by replacing this part to a similar new part.
2.5. The car repair time due to his damage due to the fault of the tenant, as well as the car downtime due to the fault of the tenant in the car park or arrest, is taken into account during the rental period of the car and is paid by the tenant in accordance with clause 3 of this Agreement. The parking lot of the car on the car park or arrest priority due to the fault of the tenant is paid by the tenant.
2.6. Maintenance The car is made by the tenant at his own expense and on its own. The tenant timely replaces the oil, tires, parts of the car's chassis, light bulbs of optical instruments (headlights), car filters, taking into account the car's mileage and season.
2.7. In the event of a car in a traffic accident, the tenant immediately (within 30 minutes, from the moment of the road accident) informs the landlord on the indicated incident by directing the SMS to the Cellphone number specified in paragraph below this Agreement in which it indicates place and time of the road accident, information about the presence of affected persons damaged details Body car, about the culprit of the road accident.
3. Order of calculations
3.1. On the day of the conclusion of this Agreement, the tenant, at the expense of the rent, pays for the landlord _________________ rubles.
3.2. Subsequently, the tenant monthly, ______________ numbers of each month contributes rental Cash in the amount of ______________ rubles, until the redemption of the redemption price specified in paragraph 1.3. actual agreement.
3.3. The fact of obtaining funds by the landlord from the tenant is confirmed by the receptacle drawn up by the landlord and transferred to the tenant.
4. Term of the contract
4.1. The contract is concluded for a term of ____________________________________________.
4.2. The contract comes into force from the date of signing the acts of an act of acceptance of the car.
5. Responsibility of Party
5.1. When returning a car in a faulty technical condition, with damage to the body of a car or car interior, if such malfunctions or damage occurred during this Agreement, and the presence of faults or damage is confirmed by a two-way act or completed within three days from the reception of the car to the Landlord of the Specialist or The expert, the tenant pays the landlord the costs of repairing the car and the cost of imprisonment of a specialist or expert.
6. Change and termination of the contract
6.1. This Agreement may be changed by agreement of the Parties, by drawing up an additional agreement, which is an integral part of the real contract.
6.2. This Agreement may be terminated early at the initiative of the landlord in case of delay from the tenant of the rent. The contract is considered terminated under this base from the moment the landlord leaser to the tenant's telephone number specified in paragraph 11 of this Agreement, indicating in the SMS report, which contains this will.
6.3. At the request of the landlord, the contract may be terminated by the court in the case when the tenant:
6.3.1. Enjoys the provided car (fully or separate parts) not for the purpose provided for by paragraph 1.1 of this Agreement.
6.3.2. Intentently or by negligence significantly worsens the condition of the car.
7. The procedure for resolving disputes
7.1. All disputes or disagreements arising between the parties under this Agreement or in connection with it are resolved through negotiations between the parties.
7.2. In case of the impossibility of resolving disagreements through negotiations, they are subject to consideration in the court of general jurisdiction in the territory of the Russian Federation of Khabarovsk on the basis of the law of the Russian Federation and in the manner prescribed by the legislation of the Russian Federation.
8. Privacy
8.1. Terms of this Agreement and additional agreements to it are confidential and not subject to disclosure. Information about the conditions of this Agreement and additional agreements to it, copies of this Agreement may be provided only to banks and leasing companies to prove the solvency of the Party of this Agreement, receiving loans.
9. Force Major
9.1. No side is responsible to the other Party for failure to fulfill obligations due to circumstances in addition to the will and desires of the Parties and which cannot be foreseen or avoided, including an announced or actual war, epidemics, blockade, embargo, earthquake, floods, fires and other natural disasters .
9.2. A side that cannot fulfill its obligation should notify the other side of the obstacle and its impact on the fulfillment of obligations under the contract within a reasonable time since these circumstances occur.
10. Application of the contract
10.1. This Agreement is drawn up in two copies with equal legal force. Each sheet of both copies is signed by both parties, and each side receives one instance.
11.revizes and signatures of the parties
Date and place of birth
registered at:
lives at the address
passport:
cell phone number
Tenant
Date and place of birth
registered at:
lives at the address
driver's license number
cell phone number
signature__________________________________
acceptance of transmission under the rental agreement of a car from ___ _______ 20_ _ a year prisoner between ___________________________________ and
________________________________________
khabarovsk "____" ___________________20 _ _
1. _____________________________, which is the landlord under the car rental agreement, followed by redemption from ________________________________________________________________, which is a tenant on the same contract, on the other hand, a real act of acceptance-transmission of a passenger car is as follows:
2. This Act is compiled in two copies with equal legal force. Each copy is signed by both parties, and each side receives one instance. Clause 4 of this Act is filled with a tenant personally, when agreeing the text of the point with the landlord.
3. In accordance with paragraph 1.1. Treaty of ______________________ year, concluded between the landlord and tenant, the landlord passed the tenant car brand ________________ models _________________, the state number ________________, and the tenant accepted the specified car.
Significant lease agreement with car repurchase (sample)
The car rental agreement with the right of redemption includes the following essential conditions:
- Subject of the agreement. IN this case We are talking about transfer to use with the subsequent right to redeem a particular vehicle. At the same time, the unique characteristics of the car should be described as much as possible ( technical specifications, registration data, etc.). Otherwise, the contract can be recognized as inconclusive (clause 3 of Art. 607 part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ). However, the parties, including in the dispute on the invalidation of the agreement, cannot refer to the insufficient individualization of the lease object, if the contract parties were actually performed (for example, the tenant initially accepted a car without claims and exploited it, etc.) (n . 15 Decisions of the Plenum of the Russian Federation of the Russian Federation of 11/17/2011 No. 73, further - Resolution No. 73).
- The size of the redemption cost of the car and the regulation of its introduction (information is presented below).
- Conditions for the transition of a car to the ownership of the tenant. The parties must determine when it is the named right to go to the tenant: after the expiration of the lease agreement or subject to the complete redemption cost of transport (clause 1 of Article 624 h. 2 of the Civil Code of the Russian Federation). It is necessary to directly indicate in the contract for the right to redeemed the car. Often, when concluding such contracts, the parties make an error, the concept of subsequent redemption and, for example, the rights of preferential redemption of the leased object (the latter is provided in cases governed by law, and not by agreement of the parties). As a result, undesirable legal consequences are coming (see the definition of the Voronezh Company of 25.02.2016 in case No. 33-1112).
Car rental agreement with redemption right: ratio of redemption costs and rental payments
Payments for the type of contracts under consideration have a double status, being simultaneously rent, and the redemption price set by the tenant is not for the use of the car, but for the purchase of ownership of the object.
Important! The duties of the tenant include only the deposit of rental payments in agreed dimensions on time, while the payment of the redemption price is its right.
If the court recognizes the condition about the redemption price of inconsistent, the contract is precisely in part of the sale and purchase can be qualified as an inconclusive (for example, the Resolution of the FAS of the West Siberian District of 06.08.2010 in case number A75-5300 / 2009).
The size of the redemption price can be determined in various ways:
- as a total amount of all rental payments paid throughout the Treaty (in order to receive a car, the tenant pays anything else);
- as the amount of rental payments plus a fixed amount formed separately from them.
In addition, the parties by mutual agreement can transform the usual lease agreement in the lease agreement with the right of redemption through the conclusion of an appropriate additional agreement providing for such a right. At the same time, the amount paid for the rent can be credited to the redemption cost of the car (clause 2 of Art. 624 h. 2 of the Civil Code of the Russian Federation).
In this case, the obligation to submit a rent is terminated (unless otherwise regulated by the Agreement by the Parties or legislation). If in the future the contract of sale is recognized by invalid rental relations Will be considered not stopped (paragraph 5 of Resolution No. 73).
Other terms of contract
Among other terms of the contract, whose concretization will play an important role in the event of controversial situations between the parties, can be specified as follows:
- Rights and obligations of the parties. It is necessary to distribute the obligations for the insuring vehicle, possible risks between the parties, the burden of maintenance of the car, the ban / permission to be disposed of property and legal lease (transfer to the sublease, pledge, etc.). In the preparation of this unit of the contract, it is necessary to rely on the provisions of Art. 644-646 h. 2 of the Civil Code of the Russian Federation.
- Responsibility of the parties (conditions of application and the procedure for calculating fines, nozzles, etc.).
- The procedure for termination of the contract, taking into account the provisions of Art. 619-620 h. 2 of the Civil Code of the Russian Federation. It is necessary to clarify the possibility / impossibility of one-sided refusal to execute the contract and its condition (Art. 450.1 part 1 of the Civil Code of the Russian Federation of 30.11.1994 No. 51-ФЗ).
Before signing the contract, the tenant must make sure of the vehicle's condition. Otherwise, when malfunctions or unsuitability of transport to operation in court will be difficult to prove the presence of grounds for termination of the contract unilaterally (see the definition of the WWT Republic of Sakha (Yakutia) dated 16.04.2014 in case No. 33-1114 / 14).
The court can recognize the transaction invalid if the object of the agreement is in pledge and the pledger is not given the right to order and alienate the object of pledge. In this case, the provisions on the consequences of the invalidity of the transaction also apply (including the return of the redemption amount by the landlord to the tenant). See, for example, the definition of the Ulyanovsk regional office of 10.08.2010 in case No. 33-2830-2010.
Registration of the contract
The property lease agreement followed by redemption should be concluded in the same form as the purchase and sale agreement of the said property. In the case under consideration, the Agreement implies a simple written form, does not require a notary certificate and is not subject to registration. On its basis, it will later be registered the transition of ownership (after the payment of the redemption cost of transport), but the contract itself, for no matter how long the term is not registered (Art. 643 hours 2 of the Civil Code of the Russian Federation).
At the same time, the practice is quite common when the car purchase agreement followed by the right to redempted the parties based on the provisions of paragraph 3 of Art. 609 h. 2 of the Civil Code of the Russian Federation, identified with the purchase of a vehicle on credit with a condition for installments and, accordingly, they are trying to apply the provisions of Art. 489 h. 2 of the Civil Code of the Russian Federation.
In paragraph 2 of the information letter, the Presidium of the Russian Federation of January 11, 2002 No. 66 clearly explains: to the lease agreement of the property, which suggests its subsequent redemption, can be applied only by the regulatory framework for the contract of sale of the Rules. Everything else should be focused on the requirements of the Leisure Treaty.
A sample of a car rental agreement with the subsequent redemption can be found on the link:
So, the car lease agreement followed by redemption is made in simple writing and implies free content at the discretion of the parties with the obligatory inclusion of essential conditions:
- about the subject of the contract;
- redeemed value of the object and the order of its payment;
- the right of the tenant for the purchase of a car when making the entire redemption cost.
Rent a car with subsequent redemption provides a number of advantages for the tenant - the future owner of the car. The main advantage is the availability of car purchase. In order not to guess with the right execution of the lease agreement with the right to buy a car, consider in this article the main sections of the contract, the options for compiling, its mandatory conditions and the order of car registration.
Mandatory conditions for renting a car repurchase
Before the car enthusiast proceeds to the immediate conclusion of the car rental agreement with the subsequent purchase, it needs to decide on the brand, model and main technical characteristics The future acquisition, as well as its redemption cost. All these conditions will be mandatory for the conclusion of a lease agreement with the right of car repurchase. The main characteristics of the car must be indicated so in detail so that it can accurately determine that this is exactly the car, and not some other. If the specified mandatory conditions in the contract will not be determined, the car rental agreement with the right to redeem will be considered invalid.
The contract must have a clause that the rented car can be transferred to the ownership of the tenant, such a right is provided for by Russian legislation. At the same time, the right of ownership can move to the tenant as an expiration of the lease term and before the expiration - provided that the entire redemption cost of the car is submitted by the tenant.
IMPORTANT: The rent that the tenant will contribute will be both a car rental board, and paying the redemption car price. If the contract is terminated until the end of its action and without final payment of the redemption price, the tenant is not entitled to demand the amount paid, as it is a fee for the use and possession of the car.
How to make a car rental agreement with redemption right (sample)
By rental agreement with the right to buy auto The landlord transmits to temporary use and possession of the vehicle (car) to the tenant for rent. Parties B. rental agreement with auto redemption Can act as physical and legal entities. Representing the interests of a legal entity can representative by proxy. In such a situation, the contract of attorney's power of attorney must be specified in the contract, and the attachment instance is attached to the Agreement.
Do not know your rights?
The subject of the contract will be determining the car characteristics, they should be specified in detail in the section on the subject of the contract. The car is subject to transmission over the act of receiving and transmission, which will be an application to the contract concluded. In the act of acceptance and transmission, it is necessary to re-reflect the characteristics of the car, its possible disadvantages and the absence of claims to the state of the car by the tenant.
- the right of the tenant for the subsequent purchase of cars;
- redemption cost car, objectively determined by the parties;
- transfer order to tenant ownership of the vehicle.
IMPORTANT: In order not to confuse with the application of the provisions on the rental and buying a car in the contract, we recommend the order of transfer of ownership of the tenant to make a separate additional agreement of the parties, which will become an integral part of the contract and the basis for re-registration of the car in the traffic police bodies. If the tenant refuses to redeem the car, such an agreement will not conclude. The agreement must indicate the fact of payment of the redemption price, which will be the basis for the transition of ownership of the car to the tenant.
The following content sections will coincide with the usual provisions of the vehicle lease agreement, so we will discuss them briefly.
- Duties of the parties. The main for the landlord here will be: registration of power of attorney on the tenant, as well as the transfer of the car in a technically good condition suitable for its use. At the same time, with the car must be transferred tools and documents, without which the use of the car is impossible.
For the tenant, the following duties are provided: take a car from the landlord and return it in case of refusal to redeem the car; assume responsibility for the risks associated with accidental death, loss or damage of the car arising after its adoption; repair auto repair; In time to make rent payments.
- The contract must necessarily register a detailed procedure for making payments, including the timeline and the size of the rent.
- Responsibility of the parties, as well as the procedure for early termination of the contract directly provided for by the current legislation, and therefore in the contract it is enough to indicate a reference to the law in the event of controversial situations or the occurrence of the circumstances not provided for by the Treaty. The lease agreement followed by redemption of the car comes into force from the moment the car is transferred and is valid to the date defined by the parties.
- The car rental agreement with the right of ransom must be concluded in three copies, one for the landlord, tenant and the traffic police bodies carrying out the car registration.
Important: The car rental agreement followed by redemption does not require a notarial certificate, a fairly simple written form of the contract.
What documents to conclude a contract and registration of the car requires rental with the right to buy a car
To conclude a car rental agreement with the right of redemption, the following documents are needed:
- for individuals - passport, a document confirming registration at the place of stay (temporary registration);
- for legal entities - the constituent documents of the Organization (Certificate of OGRN, on the formulation of tax accounting, the charter), a document certifying the personality of the Director, or another person entering into an agreement on behalf of the Organization (in this case, the attorney is also applied).
Important: To verify a legal entity, you can see an extract from the Unified State Register of Legal Entities (EGRUL), issued no later than 30 days before verification. It can request an organization in the tax authorities. The discharge contains information on the status of a legal entity, whether it acts or, for example, in the reorganization process. Also, on the sites of the arbitral tribunal of the corresponding region, it is possible to see if the organization's records of the organization's details are not involved. entity in legal disputes. Such participation is not an obstacle to the conclusion of the contract, but may characterize the organization from the point of view of fulfillment of obligations.
To register a car rental agreement with subsequent purchase, you must provide documents to the traffic police:
- registration application;
- documents required for the conclusion of the contract (see above);
- receipt of payment of state duty;
- vehicle passport (TCP);
- car lease agreement with subsequent redemption with all applications;
- insurance policy;
- registration signs, if issued.
