How is the key to key exchange of cars. How to competently and legally change the car key into a key

How is the key to key exchange of cars. How to competently and legally change the car key into a key

Reading time: 5 minutes

The car has long changed its status from a luxury item to a necessity. Although the number of vehicles in the country is constantly growing, few people can afford to purchase new car instead of the old one, when she was already tired. It is much easier to exchange it for another, with or without a surcharge. Therefore, at present, one of the most popular ways to change a vehicle is to exchange a car key for a key.

What are the types of car exchange for cars

Exchanging a car for another is the best and fastest option to change the means of transportation. Of course, you can use the standard method - to sell the car, and then look for another. But after all, the search time can drag on for a long time, plus there is a big risk during this period not to increase your savings, but, on the contrary, to spend them. Another disadvantage of this scheme is the need to use public transport and reduced mobility, which is very poorly tolerated by people accustomed to driving a car.

Therefore, such methods of car exchange look much more attractive, such as:

  • exchange with a surcharge;
  • key to key auto exchange.

With their help, the car owner simply changes one car for another, without wasting time and his status as a motorist. The main thing is to find the object of exchange in advance and that its owner agrees to barter.

The exchange of a car can be carried out both between individuals and with companies.

Car key to key exchange: how is it different from an exchange with a surcharge

Exchanging a car for another car key for a key implies a deal when vehicle owners transfer cars to each other without additional payments and additional conditions. In simple words exchanged keys.

An exchange with a surcharge differs from this scheme in the presence of a financial component. That is, one of the parties will have to transfer money to the other, which is the difference between the cost of the machines. Typically, the amount of the surcharge is determined by agreement based on the market value of the vehicles.

The key-to-key car exchange is carried out, as a rule, between individuals and provides for the change of owners of supported vehicles. And the exchange with a surcharge can also be carried out with the participation of car dealerships and provides an opportunity for the motorist to purchase a new car. Another more popular name for this scheme is Trade-In. Although no one forbids changing one supported car to another, newer one, but not from the salon, by paying the owner of the latter the amount agreed in advance.

How vehicles are checked before exchange

It is more difficult to check whether a car is an object of collateral for a loan. This is confidential information, and there are no such databases in the public domain. Confirmation of the existence of an encumbrance on the car is the absence of the original registration certificate from its owner, as well as a tripartite insurance contract, where the bank is indicated as the beneficiary.

In addition to the above verification tools, the parties to the transaction should also use the website of the bailiffs fssprus.ru. Here, in order to find out information about the presence of debts from the owner of the car, you should enter in the appropriate fields:

  • region of registration of the owner of the car;
  • FULL NAME.;
  • date of birth.

How to check documents on a car

In addition to checking the vehicle, in order to exchange the car key for a key without possible troubles in the future, it is also necessary to pay attention to the documents for the car. It is necessary to check the data indicated in the data sheet with those that are applied to the body.

It is also recommended to pay attention to the document itself. If the car is sold as a duplicate, you need to find out about the reasons for the loss of the original registration certificate. In most cases, attackers use duplicate documents to get rid of the mortgage car. Therefore, when the original registration certificate is missing, and its duplicate indicates that the car was purchased within 5 recent years(average term of a car loan), it is worth considering whether to agree to a deal.

If the exchange is carried out by proxy, it is necessary to study the text in detail this document to find out whether the owner of the vehicle has the right to conclude an exchange or sale agreement. If not, and the exchange of the car took place, the contract will be invalidated.

How is the registration of the exchange car key in the key

Paperwork for the key-to-key exchange of cars begins with determining the method of transferring ownership of vehicles. It depends on what agreement will be concluded by the parties to the transaction. Here are the possible options:

  • exchange agreement;
  • two contracts of sale;
  • under general powers of attorney.

What documents need to be collected

However, no matter which method the parties choose, in any case, they need to prepare the following documents:

  • registration certificate;
  • civil passports of the participants in the transaction;
  • vehicle registration certificates;
  • OSAGO insurance policies;
  • powers of attorney (if the exchange is carried out not by the owner, but by an authorized person);
  • two sets of keys;
  • service books;
  • diagnostic cards.

How is the execution of a transaction under an exchange agreement

Let's look at how cars are exchanged key for key using a barter agreement. The compilation of this document is governed by applicable law. The text of the exchange agreement usually contains the following information:

  • details of the passports of the participants in the transaction;
  • their registration addresses;
  • technical parameters and vehicle identifiers;
  • contractual cost of cars;
  • the procedure and terms for the transfer of ownership of the machines;
  • rights, duties and responsibilities of the participants in the transaction.

In order to exchange the vehicle, the participants in the transaction enter into an exchange agreement, the text of which they agreed upon in advance. After signing the document, the owners of the cars exchange keys and documents, and also sign the transfer and acceptance certificates. The act must indicate the complete set of the vehicle, as well as its technical condition.

To complete the transaction, the parties to the exchange agreement must contact the traffic police in order to re-register the ownership of themselves.

The procedure for exchanging a car under contracts of sale

This option of transferring ownership of a car due to the almost complete absence of risks is the most popular among drivers. But, unlike the previous one, there is more paperwork here.

The scheme using sales contracts provides for the preparation of two contracts, in one of them the owner of the car will be the seller, and in the second - the buyer. Both sale and purchase agreements are printed in three copies - for each of the parties and the state inspectorate.

After signing the agreement, the parties transfer the keys and documents to the car to each other. Then you need to visit the traffic police to complete the re-registration of vehicles.

When drawing up sales contracts, the parties must indicate the real value of the vehicles - in this way, in the future it will be possible to avoid problems with tax.

Features of the car exchange process by proxy

This option is the most risky of all of the above, but at the same time simple and fast. In order to exchange cars, the parties to the transaction only need to transfer to each other notarized powers of attorney for the right to drive vehicles, as well as their sale. In addition to the speed of registration, the option of exchanging powers of attorney is also the cheapest. All costs incurred by the parties consist of notary fees for certification of general powers of attorney.

But before agreeing to this exchange option, you should pay attention to such points:

  • any of the parties to the transaction can cancel their power of attorney at any time;
  • the presence of a power of attorney is not a confirmation of ownership of the car;
  • in the event of an accident, law enforcement agencies will look for real owner cars.

Conclusion

Key to key car exchange is the easiest way to change your car. feature this option is the transfer of ownership of the car without additional conditions and surcharges.

Used cars participate in the key to key exchange, and it is carried out in one of three ways:

  • Under an exchange agreement - a fairly simple option, which is perhaps the best in terms of the security of the transaction, its cost and required amount documents for processing.
  • Under sales contracts - the most expensive and bureaucratic option, but the safest.
  • By general powers of attorney - the most unsafe, but at the same time the fastest and cheapest way.

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The nuances of exchanging a car for a car: with a surcharge, key to key

Home / Exchanging a car for a car / The nuances of exchanging a car for a car: with a surcharge, key to key

If you need to exchange a car for a car, you should make some preparations, namely: check the fate of the car and study in detail the procedure for processing documents. Buying a used car in Russia in one way or another is always a risky business, but it is worth trying to reduce the risk as much as possible.

It is most likely impossible to find out the past of the vehicle offered to you completely, to figure out if it has a genuine VIN. The problem is that the customs authorities and the traffic police respond to the requests of the owner, that is, it will not work to make a request on your own before making a purchase of a car. However, you can try to ask the seller to send requests to the traffic police and the Federal Customs Service, and show you the official answer. However, one must understand that the standard response time to citizens' requests is one month, which means that such a check will delay the execution of the transaction for a long time.

The easiest way is to find out if the car is under arrest, encumbrance, wanted. To do this, you can use the form on the traffic police website, which allows you to get the necessary information by VIN code, chassis or body number. However, the traffic police service does not provide information about the deposit, because single base there is simply no data on collateral.

There are reasons to suspect a pledge if the owner does not have the original title in his hands (usually the passports of the pledged vehicles are kept in the bank). The presentation by the owner of the car of a duplicate of the TCP is the basis for refusing the transaction. You can offer the owner of the car you have chosen to postpone the exchange for a while: if the TCP was issued to him by the bank for a couple of days to complete the documents, then the option of transferring the transaction will not suit him. In addition, in the insurance policy of a car purchased with a car loan and pledged in a bank, the bank is listed in the “beneficiary” column.

Another way to check the integrity of the seller: enter his data in the search for enforcement proceedings on the website of the Federal Bailiff Service of the Russian Federation. It is possible that the bailiffs are already looking for the car for which you are going to change.

Registration of a car or motorcycle exchange

Exchanging a car for a car or a motorcycle for a motorcycle with or without a surcharge. drawn up by an exchange agreement. This contract is very similar to the sale and purchase and is subject to basically the same rules. Civil Code, which is the last one.

Barter agreement or two contracts of sale

Sometimes, instead of exchange, two contracts of sale are drawn up. However, this only adds extra documents and introduces confusion in the relationship of the parties. After all, according to the contract of sale, there must be payment in cash, therefore, in addition to two contracts, you will also have to draw up two more receipts in transferring money to each other.

In addition, the rules of the Civil Code of the Russian Federation on exchange contain specific consequences for the withdrawal of a transferred car from a buyer by a third party. So, for example, if the car is recovered at the bank’s claim as a pledge or at the claim of the real right holder from whom it was stolen, then under the exchange agreement, the person who lost the car can choose: to demand money from the counterparty in payment of his losses or demand the return of his own. first. car. If a sale and purchase was made, then only losses can be recovered from the counterparty. Meanwhile, claims for damages are rarely satisfied, because the subject of proof for them is quite complicated:

  • it is necessary to confirm the amount of losses (in fact, the cost of the car at the time of withdrawal);
  • to prove that such seizure was due to the fault of the counterparty, and the injured person did not know anything about the difficulties in the legal fate of the car and its encumbrances.

At the same time, a claim for the return of your car does not require such a complex evidence base. Here you only need to confirm the existence of an exchange agreement and the subsequent seizure of your car.

In addition, the scheme with two sales contracts covering the actual exchange is often used by scammers. They indicate in the contract under which they purchase your car, an underestimated cost (justifying this by the need to reduce personal income tax for you). Subsequently, when you discover that you did not purchase what was expected (a car after an accident, with broken VIN numbers, overcooked, not cleared through customs), the only thing you can recover as damages is that very undervalued value. After all, the second contract, the contract for the sale of your car, has nothing to do with the first. You cannot return your car.

Conditions to be included in the car exchange agreement

The exchange agreement must contain

  • the passport details of the parties;
  • car description ( VIN numbers, chassis and bodywork, color, brand and model, technical condition);
  • the procedure and terms of settlements, if exchange with a surcharge;
  • the procedure and terms for the transfer of cars (can be transferred simultaneously or in a different order, stipulated by the agreement), as well as the moment when the right of ownership arises (usually from the moment of transfer by both parties).

It is recommended to include a confirmation on behalf of the person who sells each of the machines that it is not under arrest, pledged, there is no legal case against it and there are no disputes about the right. In addition, it is worth drawing up a transfer act, in which it is described point by point in what configuration and with what documents the car is being transferred. This will remove further possible claims regarding the audio system seized by the owner or damage to the car.

The parties sign the contract and the act of acceptance and transfer. If the car is exchanged by proxy, then it is necessary to check in the representative’s power of attorney that there is authority to conclude an exchange agreement and receive money for the car. The wording about the right to “conclude any transactions” will do. But if the power of attorney allows only the sale and purchase, then it is impossible to conclude an exchange agreement under it: it will be invalid. A power of attorney for the sale of a car can be notarized or drawn up in a simple written form. The main thing that it should contain: the powers necessary for the transaction, the date of issue of the power of attorney, the validity of the power of attorney, the signature of the principal (owner of the car).

The procedure for exchanging a car with a surcharge

An exchange agreement with a surcharge is used when the parties exchange items of unequal value. Its difference from the usual exchange is the need to provide for the procedure for settlements. When the settlement is made in cash, the parties draw up a simple written receipt (neither a notary public nor the signatures of witnesses are required), which indicates how much money and on what occasion was transferred. It is better to make it in duplicate, because the person who received the money will need a receipt for the tax office.

It is worth remembering that by selling a car under an exchange agreement with an additional payment, a citizen receives income in the amount of such an additional payment. This income is subject to personal income tax (13% of the amount of income). To confirm the amount of income, you must attach copies of the contract and receipts for the transfer of money to the tax return, which you will have to fill out after the sale of the car.

Key to key car exchange: features

Speaking about the exchange of a car for a car "key to key", they mean that cars are exchanged without surcharges. Previously, in such situations, powers of attorney were often used: that is, they did not transfer cars under a transaction, but simply wrote powers of attorney to each other to dispose and drive a vehicle. This helped keep formalities to a minimum. Today, when there is no need to remove the car from registration records, the need for such a design method (rather risky) has practically disappeared. And for the exchange of cars "key to key" you can use the same exchange agreement.

An important point with such a change is the indication of the contractual value of cars. Despite the fact that there will be no settlements under the contract, it is imperative to indicate that the cost of cars by agreement of the parties is the same and equal to a certain amount. This will remove unnecessary questions from the tax office. Suspecting you of evading personal income tax, the inspection can check the market value of both cars and charge additional tax to that of the parties to the exchange agreement, which got the more expensive car. An indication in the contract that, according to all their characteristics, taking into account, for example, interior trim, technical condition, etc., the cars are equal in value, despite the difference in the market price for identical models, will reduce the risk of claims from the inspectorate to a minimum.

http://sovetnik.consultant.ru

This is the question most drivers ask. Someone gets bored with the existing car. Someone wants to get more comfortable lounge, the third need a powerful engine. There are many reasons why car owners want to change their iron friends. How to purchase new car if there is not enough money, but there is a used car?

There are many ways. You just need to choose the one that suits you. Today is the most in a simple way is a car purchase. With the help of this service, the owner will be able to urgently sell the car without any problems. In short, the process goes like this: the owner of the car contacts the company and agrees on a deal, after which the car is appraised. The deal is made, the owner quickly receives the money, and the car passes into the possession of the company that bought it.

There is another way to quickly change a car, but it involves more restrictions. If, when buying a car, the owner manages the money as he wants, for example, he buys nice car with hands, then the trade-in service involves the sale of a car in the cabin, after which you need to choose the car you want at the price. The difference will have to be paid. The limitations are that the owner will have to choose only from those cars that are presented in the cabin. If you are looking for a car, you can buy a car yourself.

The option of car exchange is not excluded.

Peculiarities of a key-to-key car exchange deal

This is often seen today. As a rule, exchanges are engaged in specialized forums. Usually cars change from about the same price category. Otherwise, you will have to pay extra. Of course, regardless of the chosen method, a thorough examination of the car will be carried out. Checking the engine, transmission, body, running gear, interior is mandatory.

Written by: Sashafmp//Advice for car enthusiasts//

It is not always possible to buy a new car, but if you have a used car, you can exchange it profitably. AutoMarket invites you to use the trade-in system for exchanging a used car for a new or another used one. We will offer a wide range of cars for exchange - you will surely be able to choose the best option for yourself.

Exchanging a used car for a used car at AutoMarket is one of the most profitable, quick and convenient ways to transfer to another car.

Three reasons to contact us right now!

  1. We accept any used car for exchange. We buy cars of any manufacturer, different years production, freight and commercial, taken on credit, even after minor accidents. Is your used car in a normal technical condition, on the move and is not listed as stolen? This is enough for us.
  2. Let's pick the perfect used car. We have an extensive base of used cars on commission and after the exchange: budget and business class, almost new and with mileage at a low price, there are even trucks and motorcycles. We will find you a car for exchange that will meet all your wishes!
  3. We'll close the deal in a couple of hours. We have three salons in Moscow: you choose the one that is most convenient in terms of its location, and you come. All other issues, including the assessment of the car, verification of documents and signing the contract, we solve on the spot.

    How to exchange cars correctly (exchange agreement)

    Just a couple of hours - and the exchange of your used car for another used car will be completed.

Want to get out even faster? We offer urgent buyout car in just one hour!

What is the sequence of the exchange?

  1. Choosing a used car from our database.
  2. Appraisal of your car in a car dealership.
  3. Signing the contract and carrying out mutual settlements.
  4. Obtaining documents and keys from a new car.

What documents do you need to have to exchange a used car?

  • Passport
  • Passport of technical means
  • Certificate of state registration
  • General power of attorney if the car is not registered to you

We will do our best to speed up and simplify the exchange of a used car for another. fast, with maximum benefit, honestly - this is how AutoMarket works. Contact us!

Looking through the ads on the sites, you can often find ads for the exchange of cars, it is important for a better or simpler one. But it should be noted that our legislation, and in particular the procedures for deregistration and registration, do not provide for such an opportunity as an exchange. So how does the car exchange actually take place if the owners have agreed on this procedure? You will find the answer to this question in our article.

Possible options for agreements when exchanging cars

In most cases, the exchange is associated with obtaining a material difference between the vehicle, which is the main motivation for the exchange.

There is no point in changing just like that, for the sake of interest and curiosity. It's like sewing on soap! From such actions, only one red tape, inconvenience and expense.

Key to key car exchange - how to arrange?

That is why we will consider the option when a surcharge will be provided for one of the cars.
So, after the owners have agreed to "swing" their iron horses, for one of which they will pay a certain amount, two options are possible.

How to exchange a vehicle between individuals (first option)

The first is when they change cars and draw up two different contracts for the sale and purchase at the same time, and the difference, in monetary terms, is transferred to the second participant in the transaction without a contract. For some, this option will be more preferable, since the purchase and sale agreement is still a more common document than the one we will talk about in the second option.
After drawing up a contract of sale, the owners perform all actions “on the knurled”, that is, as if they had sold their car and bought a new one. You can learn more about this from the article “Registering a car with the traffic police upon purchase”.
In this case, it is better to transfer the amount of the surcharge immediately before the re-registration of the cars to the traffic police, and not in advance, since it is not reflected in the contract, which means legal side this is a “slippery” moment and requires caution from the person who will make the surcharge.

How to exchange a vehicle between individuals (second option)

The second option involves drawing up an exchange agreement. The advantage of such an agreement is that it will reflect the whole situation that has developed around the exchange of cars. It will indicate the cars and the amount of the surcharge, which will be an additional plus. The condition of the additional payment will allow you to officially demand it when transferring (exchanging) cars.
It is on the basis of such an exchange agreement that each of its participants will become the owner of the vehicle. It is with this agreement that it will be necessary to go through the same procedure for removing and registering the car as in the first option. Also, a feature of such an agreement may be that the owners did not actually sell their cars, but changed, which will allow not to pay tax on the sale of the car if it market price exceeded tax deduction. An example of such an agreement can be downloaded from our website and filled in according to your data. For more information about this exchange agreement, you will find information in the article “The agreement for the exchange of cars (TC) between individuals».

Last time widespread receive cases when the parties exchange a car, and not buy and sell. And it's really convenient. Few of us in modern world with its pace, they are ready to be left without a means of transportation even for a short time. Car exchange can be equivalent or with an additional payment of one of the parties of the difference between market value exchanged vehicles. The information below will help you prepare for such a procedure and find out the nuances of the transaction.

Before car exchange

As in the case of buying and selling a car, it is necessary to carefully check the cars.

And not so much on the technical condition (for which there are specially trained people).

It is worth checking both cars to be exchanged. After all, sometimes about the ban on registration actions people find out about their car after the deal and are very surprised. Unpaid Fines(including those for which receipts for some reason did not reach the addressee), debt judgment, unpaid alimony, and other circumstances indicate the need to check the car for arrest with bailiffs.

If one of the cars was imported from abroad, it is worth checking the PTS for the correct customs clearance. You can send a request to the Federal Customs Service, but the response time is usually at least 1 month. And customs officials will only answer to the owner of the car according to the documents. Please note that the exchange of a car marked "temporary import" for another car on the territory of the Russian Federation is not allowed.

Examine the documents for the car - PTS, SR, OSAGO. Check the owner for fines, the presence of enforcement proceedings. After making sure that the machine is “clean”, proceed to documentation car exchange.

How to exchange a car

It does not matter whether the car exchange will be carried out with or without a surcharge. In any case, the parties draw up an exchange agreement. The content of the contracts will vary slightly.

Some citizens prefer to issue general powers of attorney for both cars. In order not to engage in the re-registration of transport in the traffic police, to evade paying tax when selling or buying (and exchange is just buying and selling, but with features) or with other arguments. In the relevant information, we talked about the main "pitfalls" of issuing a general power of attorney. And when the exchange is hidden by such documents, all possible Negative consequences also have a place.

So, you need an exchange agreement drawn up in writing, signed by both parties, passports of both car owners, documents for cars (SR, PTS). If one of the parties is acting by proxy, please note that the document reflects the authority to exchange the car and receive money (when an additional payment is required). If you have any difficulties in interpreting the power of attorney, it is better to consult a lawyer.

Car exchange for car key to key

This is important for the possibility of declaring the transaction invalid in the future at the claim of the owner or his heirs. The rules on the deposit also apply to the exchange of cars.

Features of the exchange agreement and other documents when exchanging a car

There are 2 parties in the exchange agreement - both are both the Seller and the Buyer. Therefore, the text of the document usually uses the wording “we, the undersigned” and indicates the personal data of the car owners. Be sure to include the following information:

  1. place and time of the contract
  2. name "barter agreement"
  3. full name, passport data, place of registration of the parties
  4. identification data of both vehicles (make, model, color, VIN numbers, body, chassis, CP numbers and by whom the document was issued), as well as the technical condition and claims to it from the other party
  5. the fact that the car belongs to each of the sellers
  6. the fact of exchange - with an additional payment or equivalent: the parties agreed that the price of such and such a car is so much (size in rubles), the price of another - so much. Further, the procedure for settlements in the presence of an additional payment to one of the sellers and its size. Even with an equivalent exchange, indicate that the cost of cars, by agreement of the parties, is recognized as equal and is set at a certain amount. This will become insurance against unfounded claims from the tax authorities.
  7. the procedure and term for the transfer of machines, the emergence of ownership and the risk of accidental death
  8. include a clause stating that each car is not pledged, is not the subject of a claim or claims by third parties, etc.
  9. procedure for pre-trial settlement of disputes
  10. signatures of the parties

We recommend that you draw up for each car an Acceptance and Transfer Certificate, which reflects the shortcomings technical condition and/or appearance. This will greatly reduce the risk of filing a claim and statement of claim on termination of the contract.

The fact of the transfer of money must be documented by a receipt. A person who receives a surcharge is liable to pay sales tax when there are no grounds for exemption from such payment.

Car exchange is a convenient tool, and taking into account the above nuances and the algorithm of actions, there will be no particular difficulties during registration.

Car exchange procedure has both advantages and disadvantages. First of all, this is the risk of getting a car with a dubious history and technical condition.
Today we will look at what to look for when making such a transaction, how to draw up different types contracts and what nuances to consider.

○ Exchange rules.

Key to key exchange means changing a car without making any additional payments. When carrying out the procedure, you need to pay attention to some aspects.

Car check.

It is unlikely that it will be possible to find out the history of the proposed car to the end, because the traffic police and customs authorities only respond to requests from the owner. You can ask the seller of the car to apply. If the car does not have any problems, such a request should not be difficult.

At the same time, it should be borne in mind that the standard response time for such requests is a month, which means the inevitable extension of the transaction.

However, you can independently check whether the car is wanted or under arrest. To do this, go to the official website of the traffic police and enter the VIN code, chassis or body number. At the same time, you will not be able to find out if the car is in a bank pledge, because there is no such base in the public domain.

You can suspect the presence of a deposit if the seller offers you duplicate TCP instead of the original. It is also worth checking the insurance contract, in the case of a car loan, the bank will be listed as the beneficiary.

Another way to check a car is to visit the website of the bailiffs.

Preparation of documents.

Each participant in the transaction must prepare:

  • Technical passport of the car.
  • Personal passport.
  • Valid insurance policy.
  • Car keys.

○ Drawing up a contract.

When exchanging, it is important to understand that the participants in the transaction cannot simply exchange cars and leave. Only in the case of drawing up an agreement and re-registration of the vehicle for a new owner, it is possible to guarantee the absence of problems in the future. At the same time, it should be borne in mind that the transfer by proxy is not sufficient in a safe way exchange, because it only allows you to use the car, but does not give you the right to dispose of it.

Contract of sale.

Under a contract of sale, one party (the seller) undertakes to transfer the thing (goods) into the ownership of the other party (the buyer), and the buyer undertakes to accept this goods and pay a certain amount of money (price) for it.
(clause 1 of article 454).

This is a standard contract, which is most often concluded in transactions. In the case of an exchange, its compilation is impractical, because given type The agreement involves the transfer of money, which is not provided for by the terms of the transaction.

Therefore, it is necessary to additionally draw up a receipt for receiving money. To do this, the parties evaluate their vehicles and indicate the amount. The transaction is considered concluded after the signing of the contract of sale, the exchange of receipts and cars.

Exchange agreement.

Under an exchange agreement, each of the parties undertakes to transfer one commodity to the ownership of the other party in exchange for another.
(Clause 1, Article 567 of the Civil Code of the Russian Federation)

This is the most convenient way to complete a transaction. The document contains the details of the parties, data about the cars and the terms of the exchange. It is not required to notarize the contract, it comes into force immediately after signing.

The parties additionally draw up an act of acceptance and transfer, which indicates the characteristics of the vehicle.

donation agreement.

Under a donation agreement, one party (the donor) transfers or undertakes to transfer to the other party (the donee) a thing in ownership or a property right (claim) to itself or to a third party, or releases or undertakes to release it from a property obligation to itself or to a third party.
(Clause 1, Article 572 of the Civil Code of the Russian Federation).

This is the rarest way to execute such transactions. Such a rarity is connected with the fact that the donation agreement will have to be drawn up by each party in the name of the other, which is not always convenient. It is drawn up in the standard manner: two donation agreements are drawn up, according to which one party transfers its car to the other. Notarization is not required, the involvement of witnesses is at the discretion of the parties. The document comes into force immediately after signing, it does not need to be additionally registered.

○ Features of car exchange with and without surcharge.

If the exchange is made with a surcharge, this means the need to make settlements. In addition to the contract, the parties must draw up and sign transfer receipts Money(if payment is made in cash). It is desirable that witnesses be present, who will also put their signatures.

The contract must include a clause on the transferred amount and indicate the form of its transfer.

○ Exchange order.

The exchange of cars is carried out in the following order:

  1. The parties inspect the cars, check the documents and the history of the cars.
  2. A contract of sale, exchange or donation is drawn up.
  3. If an additional payment is made, receipts are additionally drawn up, which are signed by the parties.
  4. The car is registered and re-registered to the new owner.

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