27.06.2017

In the life of car owners, various situations occur, and one of them is when it is necessary to sell a car without an owner. At first glance, such a deal has an exclusively criminal connotation, but in practice everything can be done according to the rules and without violating the law. Many believe that it is impossible to sell a car without the consent or even guidance of the owner. If we proceed from the generally accepted logic, this is indeed the case. But there are a number of nuances that open up loopholes for such a transaction.

How is this possible? Such an operation became available after the change, or rather, the simplification of the purchase and sale procedure in Russia. Another question is how other people perceive such opportunities. It is important here not only to sell the car, but to do it in accordance with the legislation and avoid problems with law enforcement agencies in the future. There is an opinion that the use of "loopholes" in the legislation automatically makes any action correct. But this is not the case. The use of "gray" and "black" schemes bypassing existing laws is considered a violation.

• The permitting action and the careful circumvention of the law are not the same thing;

• The peculiarity of legislation is that it is constantly being improved, and the existing "holes" will sooner or later be closed;

• The prisons are constantly filling up. At the same time, practice has shown that there are more fools in them who are careless about legislation than real criminal elements.

That is why the question of how to sell a car without an owner requires utmost attention, as well as consideration of the correct method for solving this problem. Below will be given detailed explanations of which actions are legal and which should be discarded.

How to legally sell a car without an owner?

It is known that a sales contract is drawn up arbitrarily. This means that it does not require the use of some kind of official fixed form and the involvement of official organizations for the issue of registration. Such operations can be performed without removing the car from the register and going through the renewal procedure. This means that there is no need to file a declaration and pay income tax.

But such a feature does not at all give the right to violate the law. Even if you have all the documents for a vehicle, it is impossible to sell a car without an owner with the registration of the sale and purchase. There are simply no legal schemes for carrying out such actions. Here you still need the owner's signature in the TCP. Yes, and in the purchase and sale agreement you cannot do without it. At a minimum, owner involvement is required to deregister the vehicle. As for the sale and purchase transaction itself, the presence of the owner is no longer required.

How to act so as not to violate the law, but still sell a car without an owner? There are two ways:

• Sale by general power of attorney;

• Sale after the relevant court decision.

Each of the options requires separate consideration.

How to sell a car under a general power of attorney?

According to the law, the presence of a general power of attorney gives the right to sell a vehicle from the position of its owner, or rather, the steward. At the same time, the document must specify the ability to act on behalf of the principal in the implementation of such transactions.

It should be noted that selling a car using a classic handwritten power of attorney will not work without the participation of the owner. It's like trying to implement a machine without a power of attorney at all. Consider the situation when you have a vehicle that was purchased under a general power of attorney. In this case, its sale is possible in the following cases:

• The document contains a note about the possibility of selling the car without the participation of the owner. These general powers of attorney are often referred to as “tradable”;

• On the hands there is a copy of the "general", which is certified by a notary. It will be required by the traffic police and taken away during the re-registration of the car, or rather, its re-registration to another owner;

• You are 100% sure that there will be no claims from the present owner in the future.

But in life it happens when the usual "general" needs to be replaced with a standard sales contract, drawn up in the name of the new owner. But here legislation intervenes, according to which not a single owner of a power of attorney, whatever it may be, can carry out transactions with entrusted property in relation to himself personally. This is where the main contradiction arises.

This means that even in the presence of a general power of attorney, which gives the right to transfer or sale, you can carry out these operations - even sell the vehicle to a third party under a general car or a sales contract (whichever is more convenient). Only now it will not be possible to carry out this action in relation to oneself personally. This is the law.

Many people forget that a general power of attorney is a “tool” that does not give the right to own a car, because legally the vehicle has an old owner. The trustee (to whom the power of attorney is issued) can only dispose of the provided machine, including in the extended version - entrust, resell and perform other manipulations that are allowed by the owner. What to do in such a situation? The best solution is to sell the vehicle to another person under a sale and purchase agreement, and then carry out a reverse transaction under the same agreement. That's it, you can celebrate the deal.

But not everything is simple here. The problem is that such an action is not entirely legal and the "stumbling block" lies in the clause that the principal should not make claims in the future against transactions carried out by the trustee. Otherwise, he can file a claim with the judicial authority and challenge the resale of the vehicle to himself. Consequently, all operations performed will be leveled, including the contract will be canceled. If the holder of the generalka sells the car to a third person, it is impossible to dig into such a deal and it will be practically impossible to challenge it in court.

How to sell a car without an owner following a court decision?

This option is also realistic, but you will have to work harder to implement it. The need for its application may arise if the owner of the car died or disappeared without a trace. Let's say a situation when a car owner has a relative with a car who died, but did not leave behind any document regarding the transfer of personal property - there is no deed of gift, will or even a power of attorney.

In such a situation, it is necessary, on the basis of legislation, to enter into the legal inheritance rights of the vehicle. After passing all the procedures, the vehicle can be registered in your name, and then sold. If the car owner is an outsider in relation to the deceased, all the manipulations must be done by relatives with the subsequent re-registration of the car.

Another situation is also possible when a car is found in the garage, the owner of which has already died a long time ago. In this case, any paper confirming the right of a relative to inherit a thing will be enough for the court. At the same time, only close relatives belonging to the 1st category can sell a car of a person who has gone missing. Most often, only the spouse or parents receive this right.

The following situation is possible here. For example, my husband had a car, but over time the man disappeared and does not appear for a long time. If the wife decides to sell the vehicle, she must first divorce the man, and then sue for the division of property. If the husband does not appear in court, it will be considered that he is missing. Consequently, the property is transferred to the use of the spouse.

What are the "gray" schemes for selling a car without an owner?

For completeness of the "picture" it is worth considering the illegal method of selling a vehicle without an owner. It is based on the same statement that the owner of the car will not be against the implementation of such an operation. In such a situation, it is possible to implement a vehicle using a simple scheme. If there is a sales contract form signed by the owners and passport details, the document can be completed at any time. In this case, the transaction is carried out unilateral.

There is also the option of contacting special structures that declare the possibility of buying and selling any car (even without documents). It is better not to use the services of such organizations, because in most cases they use illegal methods. Situations of collision with scammers are possible, so you need to be especially careful. But even if you manage to find a "clean" company, the cost of the sold car will be significantly lower than the market level.

If we recall the option of selling a car with a fake signature, first of all, we are talking about the passport of the car and the purchase and sale agreement, it is in demand among dealers. But here you can get under a criminal article and get thundered for fraud. Other cases are also possible. For example, a person died, he has no relatives, and the general power of attorney is no longer valid. In such a situation, you can use the considered path, but you should not abuse this scheme. Such schemes often take advantage of criminals (crooks) who expect such violations and use them against a person.

How is the situation with the sale without an owner in Ukraine?

Alternatively, it is worth considering the features of the legislation of other countries regarding the sale of a car without an owner, namely, in Ukraine. Generally speaking, the legal framework is not very different here, so the principles described above remain the same. This means that it is possible to sell a car without an owner, as in the Russian Federation, by power of attorney or by a court decision.

But after all the well-known events in the legislation of the country, there were still some changes, including in the automotive sector. In addition to the cancellation of the certificate-account in 2015, the MREO itself was also "canceled". And if the first decision is justified, because the account statement has long outlived its usefulness as a document, the liquidation of the MREO puzzled many people. Despite such a harsh decision of the authorities, the final result of the implemented reform is not yet clear. Instead of the old organization, the Service Centers of the Ministry of Internal Affairs were created, which simply replaced the old structure. At the same time, the overall organization of the process remained unchanged.

First, let's explain what a general power of attorney is.

A general power of attorney is a document that gives the authorized person the right to dispose of property that is of material value in any way. It is important to remember that a power of attorney is issued for a specific property., for example, to a certain house, which is located at a certain address.

Having issued a power of attorney for someone, you DO NOT SELL the property to him, but only GIVE THE RIGHT to dispose of it. A general power of attorney (as a document) does not record the fact of the sale and purchase of a car, but only gives the right to another person to dispose of it, also leaving him the right to entrust or resell the car.

It is worth distinguishing a general power of attorney from an ordinary power of attorney. A regular power of attorney gives the right to use the car, but does not give the right to sell or renew the power of attorney.

So, you cannot sell a car or buy it under a general power of attorney, you can only issue the right of ownership of your car to another person, however, he is not obliged to transfer any funds to you... However, for the convenience of perceiving information, hereinafter, instead of “write a general power of attorney for a person and then receive money from him”, we will use “sell (buy) a car under a general power of attorney”.

How to sell a car by gender

How to sell a car under a general power of attorney? First, you should visit a notary, because the general power of attorney is notarized. Since the power of attorney is a transaction of one party, you do not need to take with you the person for whom you are issuing the power of attorney. For registration you need knowledge of the data of your car(identification number, etc.). The power of attorney form is available from the notary.

The maximum period for which a power of attorney is issued is 3 years. The standard is usually set to one year.

If the validity period of the power of attorney is not specified or a period exceeding 3 years is indicated, the power of attorney is considered invalid (in accordance with Article 186 of the Civil Code). Also, a power of attorney is considered invalid if it was written by hand and was not certified by a notary.

From this we can deduce two disadvantages of the design of gender trust:

• Notary services are paid;
• Registration can be delayed, as sometimes it takes a considerable time to get an appointment with a notary.

Not so long ago, selling a car under a general power of attorney was the least costly way for a seller to sell a car, since the sale required a preliminary one, however, from October 15, 2013 it became possible to sell a car without prior deregistration, after which the sale by gender has lost its relevance.

Than it can threaten

Here we will consider the main disadvantages of this operation for the buyer and the seller.

For the buyer:

• Having bought a car by gender of attorney, you do not get it, that is, the owner can terminate the power of attorney and legally oblige you to return the car to him, after which you will lose money and a car;
• If a car is banned from passing MOT by bailiffs, and you do not know this, then arriving at MOT you will be unpleasantly surprised. Next, you will need to demand payment of debts from the owner, so that the ban was lifted, but not always the owner will meet you halfway. Or you can pay the owner's debts yourself, dooming yourself to additional financial expenses;
• Upon the death of the owner, the power of attorney is immediately automatically canceled, and the right of ownership immediately passes to the heirs of the owner;
• At the death of the buyer, the general power of attorney is also canceled, but the ownership remains with the seller.

For the seller:

• Because when issuing a general power of attorney, you remain the owner, then the responsibility for violations remains with you. All fines will come to your address and you will have to pay (according to the law). In addition, if the buyer, the police will come to you with the words “Citizen, why are you hiding from the place, it’s not good”. You must also pay transport tax;
• If a trusted person sells a car, in accordance with the law (as the owner), you are obliged to appear at the tax office and indicate the sale price, but you may not know this if the buyer does not notify you. You will have to go to him and demand information that he may not provide (did not remember or simply did not want to).

Now let's look at the advantages of selling a car under a general power of attorney.

This option is the most acceptable, if the buyer has problems with the law, that is, his property can be arrested, etc. In this case, the next day after the purchase, the buyer draws up the right to own the car FULLY passes to the relative, who in turn draws up gender attribution to the buyer.

Now the car is owned by a reliable person close to the buyer, and the buyer still has the right to dispose of the car.

This is where the list of pluses ends. Besides, there are three main situations to mention when you need to definitely REFUSE A PURCHASE car by gender:

• The car is sold under (at least) a second power of attorney. That is, the seller received a power of attorney from the person to whom the owner of the car gave the power of attorney. In such a situation, any of the powers of attorney can be easily revoked, and besides this, a bunch of subtleties and nuances arise, from which problems may appear that you, we are sure, do not need at all. He also has the right not to recognize the transaction and refuse to register the car;
• The car is currently registered in another city or country. In this case, you will have to visit the place of registration. to remove it from the register, and if there are problems with the car (credit, wrong passage of customs), then their solution will turn into a real disaster for you;
• The power of attorney is not certified by a notary. This kind of transaction is a type of fraud, remember that a general power of attorney that is not certified by a notary is NOT legally binding.

If you are asked to sign an unauthorized power of attorney when buying, arguing that “come on, it’s fine,” “but then we will issue, sign the main thing,” then this is 100% fraud, in no case do not enter into such transactions.

Summing up, I would like to say that the general power of attorney has much more disadvantages than advantages. Therefore, it is highly discouraged to buy or sell a car under a general power of attorney. It is much more convenient and easier to conclude a regular sales contract, the risks in which are much less.

Updated: 7.05.2019 5051

Selling a car under a general power of attorney: is it all that simple and safe?

Hello everyone! Ilya is in touch!

The topic of today's article will be the sale of a car under a general power of attorney. Is it worth selling your vehicles under this document and what are the risks for the seller.

Can it happen, for example, that you have to say goodbye to your car, and then also return the money for it in a lawsuit?

Anything can happen.

That is why I decided to make thorough clarity regarding the application of the general power of attorney, since there are a lot of various rumors, inaccuracies and misunderstandings on the Internet about this.

In several subsequent publications, I will additionally disclose certain aspects of this topic in order to most fully satisfy the audience interested in these issues.

In this article, we will start from the very beginning, so as not to miss anything of the main and important.

First, I will explain to you what a general power of attorney (GD) is, as such. And it is a document that gives the authorized person (natural or legal) to whom the State Duma is issued, the right to act on behalf of the person who issued the power of attorney (principal).

That is, you trust someone with broad authority to do something with something on your behalf. In our case, you trust another person with your car.

Such a document has full legal force and requires mandatory notarization, in accordance with the Civil Code of the Russian Federation (clause 1 of article 185.1). In general, everything related to powers of attorney and all kinds of representations is regulated on the basis of paragraphs and articles of the State Committee for the Russian Federation (Civil Code) in Chapter 10.

Who wants to delve into this jurisprudence on their own, then you are welcome here.

Let's go further. Powers of attorney can be of all kinds and with different levels of authority, including general ones. The State Duma is distinguished by the fact that it must be written on a special numbered form, so you can download them from the network as forms of DCT, everything you need is sure to be found at a notary.

That is, the general power of attorney can be different in content, include or exclude some clauses and powers with specific goals necessary for the principal. But in our case, the State Duma focuses more on the trustee, since this document is not used entirely for its intended purpose.

In what sense, you ask. And the fact is that in fact there are two types of powers of attorney, although they are not legally differentiated between themselves:

• Ordinary general power of attorney - this document is used for its intended purpose;
• A general power of attorney as an option to replace the sales contract (MPA) is a widespread but indirect use of the DG.

The State Duma for a car refers to the option of replacing the DCT and is the most common document of this type even today. How can such a form of concluding a sales agreement be so attractive and what are the pros and cons?

pros

Today there is no particular attraction here. After the cancellation, for those entering into a sale and purchase agreement, the mandatory requirement to remove a vehicle (TS) from the register, the State Duma sharply reduced its presence in the total volume of transactions. But, nevertheless, this option has not completely disappeared yet.

Of the advantages of registering a deal on a state document, the following can be noted:

• Saving money on taxes and payments is a very dubious benefit today, since no one will buy an expensive car with a tax price tag by proxy, and the rest of payments and contributions are not so significant;
• Saving time - this reason, in some cases, can justify itself. For example, if both piece-workers are very busy, or the deal itself is urgent, then they can apply this scheme with the agreement that the new owner will then re-register the car for himself.
• Some unrecoverable or difficult-to-eliminate inconsistencies in the car, due to which it is impossible to sell it under the DCT - I mean not, but everyday cases, for example, if the identification numbers on the car and in the documentation do not match, due to past replacements of components and assemblies.

Minuses

So think twice before deciding on a general power of attorney sale and purchase transaction. In general, this is the most incorrect option and even looks much better.

I don’t want to dissuade anyone from anything, since there can be all sorts of situations and selling under the GD may just be the only solution, but I just strongly advise, if there is an opportunity, to conduct a deal under the monetary policy.

Registration

So, if you nevertheless decided to sell your vehicles on the State Duma, then let's get started.

1) Immediately decide what rights and powers you want to grant as a trustee. If you use a power of attorney just for the sale and purchase, then the document usually does not include any special points. Then the buyer receives a power of attorney, standard for such cases, with exclusive rights to the car, which, among others, include:

• Management and overhaul rights;
• The right of sale and substitution;
• The right to lease and exchange;
• The right to deregister and register with the State Traffic Safety Inspectorate;
• Border crossing and disposal rights.

2) When you decide on the authority, you can go to the notary for a power of attorney. The presence of a trusted person is not necessary at all. You can, if the notary agrees to this, simply prepare a certified document without the name of the trustee and date, and then, when you find a buyer, write it all down.

In the article about and some other publications, I pointed out that all entries in all kinds of documentation of various data retroactively should be carried out with one pen and one handwriting.

Therefore, anything that is completed by hand should be completed by you and not by a notary. If the buyer is known and the deal is discussed, then all the data can be entered by a notary.

Attention! If you yourself have drawn up a power of attorney outside the notary's office, then the notary will agree to certify it only if there is no date and signature on the blank, which are put in his presence.

3) What documents do you need from a notary? The most common:

• Personal passport;
• Vehicle passport (PTS);
• Vehicle registration certificate (STS);
• Copier of the authorized person's passport or his passport data.

4) When you have a State Duma in your hands, you can very simply sell your car anywhere by handing a power of attorney, documents and keys to the buyer and taking money from him.

But nevertheless, it would be better to draw up an act of acceptance and transfer in two copies. The buyer may require a financial receipt from you to receive money for the car. It is also written in duplicate.

Regarding the receipt, you can watch this video, in which two experienced lawyers popularly explain when and how to write it:

Well, and with! You can find out valuable information on this in the corresponding article of mine.

What else? There is also a timing nuance. Although they are not critical for the seller, you should still know that since 2013, the time limit for powers of attorney has been canceled (previously, the maximum period of its validity was three years). Therefore, you can theoretically enter any term in the document, but it is better not to write fantastic numbers.

And you should also know that entering the deadline is mandatory, and if it is not prescribed, then the validity of such a power of attorney will last exactly one year, and then wait for the buyer at your doorstep.

The schemes for selling cars by proxy in Russia, Ukraine and the Republic of Belarus (Belarus) are almost identical, so the tips from this article are suitable for use in these countries as well.

• If you just need to issue someone the right to drive, then there is no point in using the GD for this. Since 2012, even a handwritten (simple) power of attorney is not required to certify the right to drive. It is enough to enter the person you need in the insurance policy.
• Be sure to check all the data of the notary. The power of attorney must be signed with his full surname, name and patronymic.
• Keep in mind that when you revoke the original power of attorney in court, written notifications are required from you to the name and address of each person involved in the transfer process, which is very difficult to implement if there are more than two transferred owners.

Conclusion

I think that the article material was useful to you and you realized that:

• A general proxy transaction may be the best option in some circumstances;
• Under normal conditions, the use of HD is currently little justified and it is more profitable to use the direct procedure for PrEP;
• When using the HD, not only the buyer, but also the seller may have unnecessary problems and hassles.

And you are still using the gene. with a power of attorney for the sale or not? Has it ever happened that its use in the end was very expensive? Write about it in the comments. It will be interesting for me and the readers. If I like your message, I will supplement this article with it and indicate your authorship.

On this I part with you until the next meeting. Write reviews on the article material in the comments, ask questions, share your experience. For convenience, subscribe to blog updates, and for the benefit of your friends, share my material with them via social networks.

P.S. The main image is taken here: https://www.drive2.ru/l/288230376152741684/

More on the topic:

Comments on the article: 22

Alexander

14.01.2017 | 14:02

Hello!

I quote from the article

There will be more disadvantages and risks for the seller under the State Duma (although less than for the buyer). Of these, the following can be noted:

In the event of a road traffic accident (RTA), when the new owner disappears from his place, then all the damage payments fall on you - you must agree that this alone is already scary.

On this proposal, I have a question - what law or regulation introduced such liability, what does it have to do with the seller's fault, whoever violated, he should be responsible. If the owner is not guilty, what can be the payments ???

Dmitriy

04.10.2017 | 16:08

Hello! Please tell me how to get the money back for the sold car? My father wrote out a general power of attorney for a girl who sells a car and in the sales contract writes the owner everywhere, i.e. father and signs for him. The owner was not present. 9098548280

Victoria

13.10.2017 | 18:26

This year came the collection of transport tax for a car sold in 1999 (?) Under the State Duma with the right to sell, etc. I wrote an objection (appeal), since I have nothing at all on this car, including my rights. How to resolve the situation, remove this car from yourself. To pay is to admit that he is mine, but he is not. Submit for theft? I don't even know if it is in physical form. You can't find where the power of attorney was issued either.

Andrey

08.12.2017 | 07:44

Good afternoon, I'm going to buy a car, the seller is the owner's brother, from the seller. When buying, as far as I understand, we issue dkp. Tell me please, what should I pay attention to how to arrange everything correctly?! thanks

Leonid

07.02.2018 | 08:26

On March 17, 1999, I sold KAMAZ under the general power of attorney, unexpectedly at the end of 2016 the tax came on it. In early 2017, I put the car on the wanted list. I found a buyer who offered to pay taxes, he refused, said that he sold it for parts without documents. What to do the tax for 2016 came

Gennady.

17.09.2018 | 08:16

MY QUESTION. I am the owner of the car, who bought it when I was married (married now). I want to give a car to my own daughter in the State Duma. Do I need to have my wife's consent? Best regards, Karpov G.N. 08.17.18

Antonina

03.10.2018 | 14:37

Hello! I want to sell my car at the State Duma, because The ban on registration actions has "arrived". Once I "fit in" as a guarantor for someone else's loan, there is a +% debt, naturally I am not going to pay someone else's loan. Do I understand correctly that the buyer, having the State Duma and DKT, will be able to re-register for himself? Or, after all, the arrest was imposed on the car and who owns it at the moment does not bother anyone - registration actions are not possible? thanks

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 system for registering a vehicle, 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 the sold car and not stand in numerous queues. 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 fees,
• inconsistency of the identification numbers indicated in the documents for the car, with 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 such time as 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 intricacies of buying a car in the second way, indicating the positive and negative points. Now the decision is yours!

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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.