Can I sell the car. How to sell a car by general power of attorney, the pros and cons of whether I sell a car

27.06.2017

Various situations happen in the life of car owners, and one of them is when you need 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 people think that it is impossible to sell a car without the consent or even the knowledge of the owner. Based on conventional logic, this is true. But there are a number of nuances that open loopholes for such a deal.

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

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

• The peculiarity of the legislation is that it is being improved all the time, and the existing “holes” will sooner or later be closed;

• 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 what actions are legal and which should be abandoned.

How to sell a car without an owner legally?

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

But such a feature does not give the right to violate the law. Even if you have all the documents for the vehicle, it is impossible to sell the car without the owner with the registration of the sale. There are simply no legal schemes for carrying out such actions. It still requires the signature of the owner in the TCP. Yes, and in the contract of sale without it can not do. At a minimum, the participation of the owner is necessary to deregister the vehicle. As for the sale and purchase transaction itself, the presence of the owner is no longer mandatory.

How to act so as not to break 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 option requires separate consideration.

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

According to the legislation, the presence of a general power of attorney gives the right to sell the vehicle from the position of its owner, or rather, the manager. At the same time, the document should contain the possibility to act on behalf of the principal in the implementation of such transactions.

It is worth noting that it will not work to sell a car under a classic power of attorney, written by hand, without the participation of the owner. It's like trying to sell a car without a power of attorney at all. Consider the same 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 machine without the participation of the owner. Such general powers of attorney are often referred to as "saleable";

• On the hands there is a copy of the "general", which is certified by a notary. It will be mandatory 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 real 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 if you have a general power of attorney that gives the right to transfer or sell, you can carry out these operations - even sell the vehicle to a third party under a “general” or a sales contract (as it will be more convenient). Only here to carry out this action in relation to oneself personally will not work. 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 old owner remains with the vehicle. The trustee (to whom the power of attorney is issued) can only dispose of the provided car, including in the extended version - subtrust, 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 all under the same agreement. That's all, 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 any claims to transactions made by the trustee in the future. Otherwise, he can file a lawsuit with the judicial authority and challenge the resale of the vehicle to himself personally. Consequently, all transactions carried out will be leveled, including the cancellation of the contract. If the owner of the "general" sells the car to a third party, it is impossible to undermine such a deal and it will be almost impossible to challenge it in the courts.

How to sell a car without an owner based on the results of a court decision?

This option is also real, but it will take more work to implement it. The need for its use may arise if the owner of the car died or went missing. Suppose 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 gift, will or even a power of attorney.

In such a situation, it is necessary, on the basis of the law, to enter into the legal rights of inheritance 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 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 long since died. In this case, any paper confirming the right of inheritance by a relative of a thing will suffice for the court. At the same time, only close relatives belonging to the 1st category can sell the car of a person who has gone missing. Most often, only the spouse or parents receive such a right.

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

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

To complete the "picture", it is worth considering an illegal method of selling a vehicle without an owner. It is based on the same assertion that the owner of the car will not mind the implementation of such an operation. In such a situation, you can implement the vehicle according to a simple scheme. If there is a form of a sales contract signed by the owners and passport data, the document can be filled out at any time. In this case, the transaction is carried out unilaterally.

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. There may be situations of collision with scammers, 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 below the market level.

If we recall the option of selling a car with a fake signature, first of all we are talking about a car passport and a sales contract, it is in demand among resellers. But here you can fall under a criminal article and thunder 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 such a scheme. Such schemes are often used to their advantage by criminal elements (crooks) who are waiting for such violations and use them against a person.

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

As an alternative, it is worth considering the peculiarities 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 you can sell a car without an owner, as in the Russian Federation, by proxy or by a court decision.

But after the well-known events, some changes did take place in the country's legislation, including in the automotive sector. In addition to the cancellation of the reference-account in 2015, the MREO itself was “cancelled”. And if the first decision is justified, because the reference-account has long outlived its usefulness as a document, the liquidation of the MREO has baffled many people. Despite such a harsh decision by the authorities, the final outcome of the 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.

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• I am 16 years old, I have a car registered on me, can I sell it
• There is a debt for transport tax for more than 2 years, can I sell the car?
• I took a car loan and pts on hand can I sell the car.
• I bought a car a month ago, I didn’t like it, can I sell it used.
• Can I sell a car registered in my name without the consent of my spouse.
• Can I sell a car with an expired sales contract.
• Bought a car. Didn't apply for myself. Only buying and selling. Can I sell a car?
• Can I sell a share in the apartment
• Can I sell my share in the apartment
• Can I sell part of the apartment
• Can I sell the land
• Can I sell my part of the apartment

1. I am 16 years old, I have a car registered on me, can I sell it

1.1. You can with the consent of the legal representative and the guardianship authority.

2. There is a debt for transport tax for more than 2 years, can I sell the car?

2.1. If the buyer breaks through your car, a debt will hang on it.

3. I took out a car loan and the title is on hand, can I sell the car.

3.1. Hello.
By virtue of Article 209 of the Civil Code of the Russian Federation, the owner can also sell.

3.2. You will be selling the mortgaged property, so there are a bunch of negative repercussions.

4. I bought a car a month ago, I didn’t like it, can I sell it used.

4.1. Good afternoon Sure you can)

5. Can I sell a car registered in my name without the consent of my spouse.

1. Possession, use and disposal of the common property of the spouses shall be carried out by mutual consent of the spouses. 2. When one of the spouses concludes a transaction on the disposal of the common property of the spouses, it is assumed that he acts with the consent of the other spouse. A transaction made by one of the spouses in order to dispose of the common property of the spouses may be declared invalid by the court due to the lack of consent of the other spouse only at his request and only in cases where it is proved that the other party to the transaction knew or obviously should have known about the disagreement of the other spouse. to complete this transaction.
3. In order for one of the spouses to conclude a transaction on the disposal of property, the rights to which are subject to state registration, a transaction for which a mandatory notarial form is established by law, or a transaction subject to mandatory state registration, it is necessary to obtain a notarized consent of the other spouse. The spouse, whose notarized consent to the conclusion of the said transaction has not been obtained, has the right to demand that the transaction be recognized as invalid in court within a year from the day when he knew or should have known about the completion of this transaction.
For the alienation of movable property, to which the car belongs, the written consent of the second spouse is not required.

5.2. Good afternoon
You can sell the car, the consent of the spouse is not needed.

5.3. Good afternoon GAI does not require consent for re-registration.

6. Can I sell a car with an expired sales contract.

6.1. What does overdue mean? Didn't register early?

6.2. If the car is not registered, then you will not be able to sell it.

7. Bought a car. Didn't apply for myself. Only buying and selling. Can I sell a car?

7.1. Hello,
You must register the car with the traffic police in your name and only the code will be the owner according to all documents, you will be able to sell the car.
I wish you good luck and all the best!

8. I sold the car, I am the owner, the car is in another city, the new owners ask for a power of attorney to fit into the insurance, the question is: Can a trustee make the owner guilty in an accident.

8.1. Can't, but if the buyer gets into an accident, you'll pay for the damage.
Sincerely.

9. Can a child who is 5 years old be the owner of a car, since he inherited 2/3 of the share of the car. And the second heir, under the contract of sale, sold 1/3 of his share to me, I am the mother of the child.

9.1. Good afternoon

From January 1, 2020, minors over the age of 16 will be able to own a car.

10. Can a child who is 5 years old be the owner of a car, since he inherited 2/3 of the share of the car. And the second heir, under the contract of sale, sold 1/3 of his share to me, I am the mother of the child.

10.1. It doesn't matter how old he is. May become the owner on the next birthday.
Sincerely.

11. I have been a car owner for 7 years. Decided to sell it. And the previous owner was fined. Can I sell it?

11.1. Hello.
The owner can sell.

11.2. You can, if the MREO traffic police does not have a ban on registration actions with a car.

Sincerely, a lawyer in Moscow - Stepanov Vadim Igorevich.

12. Dad bought a new car in the salon, he was entered in the TCP. Can he sell it to me the next day without registration? Will I have problems registering a car if I go to bed in 10 days?

12.1. Hello, maybe since the document of ownership is a contract of sale, when registering a car, provide two contracts and that's it.

Selling a used car can be done in a variety of ways, each with its own pros and cons. Consider what needs to be done to get the most benefit from the sale.

If you trust only yourself, then the best way to sell is through ads. This whole process can be divided into several stages:

• pre-sale preparation of a car;
• placement of ads;
• preparation of documents;
• bargaining and sales clearance.

Pre-sale preparation of the machine

The basic rule of trade is to give the object of sale a presentation. Regarding the car, you can choose one of the options:

• thoroughly prepare it for sale - engine overhaul, replacement of worn parts, processing of cracks and chips, etc .;
• set it as it is and carry out minimal preparations - washing, dry cleaning of the interior, polishing.

You need to understand that investing in training is only worth it if you sell a really expensive car so that all your investments pay off. If we are talking about the “nine” of 1990, then even for a car in perfect condition, you can hardly count on amounts above 50-80 thousand rubles.

Ad placement

The next moment is the placement of advertisements for the sale. This shouldn't be much of a problem. There are a huge number of sites that accept free ads, and for minimal money, your offer can be highlighted. It is desirable that the ad meets the following parameters:

• high-quality photos of the exterior and interior from different angles;
• a detailed description with an emphasis on the positive aspects - garage storage, starts from a half turn, new battery;
• promise something as a bonus - a set of winter tires, a loaded fire extinguisher, a set of wrenches.

Any buyer is primarily interested in photos, and if the car looks really good, the announcement may interest him.

Setting a price is not easy. Usually it is overstated by a few percent to leave room for a discount. Don't forget to indicate that bargaining is possible.

Preparation of documents

The preparation of documents is also very important. What you need to pay attention to:

• registration certificate - there must be a place in it to enter the new owner. If all the columns are already occupied, it is necessary to make a duplicate or an additional insert certified by the seals of the MREO (this will cost 500 rubles);
• the diagnostic card must be valid;
• OSAGO policy.

Check if all the documents are there, if they are filled out correctly. If you use a car under a general power of attorney, see if the right of substitution is provided. Otherwise, you are not authorized to sell this vehicle.

Making a deal

When communicating with customers, try to confirm with all your actions that you watched the car, changed the oil and all consumables on time. Be honest about certain shortcomings so that they have the feeling that you are a decent person and you can be trusted. Reduce the price within reasonable limits. If the buyer wishes, go with him for diagnostics.

You can make a deal in various ways:

• contract of sale;
• donation agreement;
• exchange agreement - if the buyer offers you an exchange with a surcharge;
• a general power of attorney is not the best option, but it is still used.

When signing the contract, carefully check all the data of your client. Hand over the car, keys and all related documents only after receiving the money.

As you can see, there is nothing complicated in selling a car. True, the search for buyers can be delayed. In this case, you can resort to the help of Trade-In (you will receive an equivalent discount on the purchase of a new car) or hand over the vehicle to a car pawnshop, but at the same time you will lose up to 40% of the real value.

Every modern person at least once in his life is faced with a purchase or. There was a way to quickly sell a car without deregistration in the traffic police. Now car owners do not have to spend time checking the car and long queues at the MREO.

The essence of innovation

At the beginning of 2011, significant changes were made to the rules for registering motor vehicles and motorcycles. Before that, in order to sell a car, it was necessary to first deregister it with the traffic police, then get temporary numbers, only after that it was possible to transfer the car to the buyer. After the entry into force of the innovations, it became possible to sell a car without deregistration and contacting the traffic police. But such a sale can only be issued if the buyer lives in the same region as the seller. In this case, he is also given the opportunity to keep the old car numbers.

The new owner may not change the number of the car

This was the case until 2014. In 2014, the rules were amended to allow a car to be sold without deregistration, even if the person selling it and the buyer live and are registered in different regions. The numbers remain the same. If, when selling a car, the owner wants to keep the numbers for himself in order to subsequently attach them to a new car, for this he needs to come to the traffic police and write an application in the prescribed form. Such changes greatly simplified and accelerated the transaction as much as possible for both the seller and the buyer.

The procedure for the sale of a vehicle without removing it from the register

There is a certain algorithm of actions for this type of car sale. If everything is done in accordance with it, then it is much faster and easier to implement a car. Actions of the parties when selling a vehicle without removing it from the register:

The contract must be rechecked several times in order to avoid errors and blots. Agreement - a document with which the new owner applies to the traffic police. With various strikethroughs, corrections and errors, it is considered invalid. It will not be accepted upon registration.

Check all documents carefully

When concluding a transaction, you need to check the TCP. There must be a place in it in order to enter the new owner there. If there is no place, then before selling, the owner will have to re-register the car, take a duplicate of the Title and only then sell it.

Make sure that the signature of the former owner is in the right column, on the right line. Check the signatures in three copies of the contract.

When counting money by the seller, in order to avoid deception, you must always follow this process, do not be distracted, even if someone specifically tries to focus on something else.

You can ask the seller for a diagnostic card. If its term has not expired, then it is possible to reissue the card to a new owner.

Check card expiration date

When buying a car, if the seller does not want to return the money on the insurance policy (for example, there is little time left before its expiration), the buyer can ask that he enter it in his policy. If the former owner agrees to this, then the buyer can immediately drive the purchased car immediately after the completion of the transaction.

Within 10 days after the contract is concluded, the new owner of the car must necessarily come to the MREO traffic police to register it. There he writes an application for registration of the car, provides an agreement, a receipt for payment of state duty, an insurance policy and a title. After submitting all the necessary documents, the car is inspected, the numbers are checked, and then the car is registered. If this is not done, then the former owner may write an application to terminate the registration, due to the fact that all fines will come in his name. The new owner can be fined for driving a car that was not properly registered. For the first violation, from 500 to 800 rubles, and for subsequent violations - 5,000 rubles or even deprivation of driving rights for 1-3 months. This may happen due to the fact that the former owner, who does not like the fact that fines are coming to his name, will file a complaint with the traffic police. In MREO, after 10 days, a fine for late registration of a car is 1,500 rubles.

The inspector can fine you

There are situations when the car is under arrest or pledged. Then the new owner has serious problems with his registration. To avoid this, before purchasing a car, you should check it by number. This can be done via the Internet on a special traffic police website.

How to check the passport data of a car

When buying a car that has not been deregistered, it is recommended to check all its data that are indicated in the TCP. This procedure is very important when buying a used car, due to inaccuracies in the documents, the new owner may have big problems when registering the car in his name.

The passport data of the car is the number of the body, engine, chassis and vehicle identification number (VPN). You need to carefully check all these numbers, because after the purchase, the legal purity of the purchased car falls on the shoulders of the new owner. No one wants the purchased car to be stolen or arrested, or even worse with broken numbers and a fake passport.

How to check ID number

It consists of capital letters of the Latin alphabet and Arabic numerals.

It has 17 characters (they must be the same size, there must be no traces of paint or welding).

There are no letters Q, I and O.

VPN is most often located on the body.

Check all numbers and codes carefully

The engine number is usually located under the oil dipstick. American made may be without code. Body and chassis numbers are most often the same, so sometimes only 1 body number is entered in the passport. Sometimes motorists confuse body number and identification number, but in fact they are different things. The body number includes from 9 to 12 characters, the body can be applied, it can be located both under the hood and under the front seats.

It is important to note that on new, recently released cars, manufacturers do not put a body number. Then you need to check only the VPN code.

Before selling, you need to make sure that there is a place in the TCP in order to enter the new owner there. Otherwise, you will have to re-register the car for yourself, and take a duplicate. It is better not to enter the data of the new owner in the TCP. There should be no errors or omissions in this document. They will fill out the TCP at the MREO when the owner arrives for registration.

To avoid fraud, you need to carefully count the money.

If the insurance policy ends, you can transfer it to the new owner, having previously entered his data, giving him the opportunity to immediately drive the purchased car.

Check for a policy

It is necessary to warn the person who that after 10 days he is obliged to re-register it in his name. It is better to exchange phone numbers with him and ask him to report it.

If the car has been owned for less than three years, you may need a photocopy of the title deed with the new owner already registered for the tax service.

Unfortunately, the car seller is also not immune from the unpleasant consequences that sometimes occur in connection with the sale of a car that has not been deregistered. If the new owner of the car does not register the car for himself for a long time, the former owner may receive various fines. To avoid such problems, after 10 days after the execution of the contract, you need to check with the traffic police whether the new owner registered the car. If he is not in a hurry with this procedure, it is possible to initiate recycling, after which the new owner will not be able to use the purchased car.

Such a simple algorithm of actions, according to which it is performed, has greatly facilitated the life of car owners. Now the car has become much easier to sell. Innovations have saved people who are going to sell their vehicles not only from many kilometers of queues, but also from unnecessary paperwork. There are many advantages of such a sale, the main thing is to be a little more attentive and do everything right, and what is important, on time.

The car was sold, the contract was signed, the money was transferred: the deal was completed. Under the new rules from 2013, it is not necessary to deregister a car before selling it. But do not rush to pat the buyer on the back and wish him good luck on the roads: strictly remind him that he has 10 days left to re-register the car on his own. Such “slippery” moments are utopianly resolved as follows: the seller and the buyer together, immediately after signing the documents on the sale and purchase, go to the traffic police, and the deal is drawn up there. In case this moment is missed, and the buyer has already left, we have prepared a clear guide on how to check the deregistration of the car.

How to check the car after the sale

After signing the contract of sale, the car has a new owner - the buyer, but legally the car is still listed as the seller. This means that all fines from video recording cameras of violations and receipts for payment of transport tax will come to the seller. By law, the new owner has 10 days to resolve legal issues with re-registration and accounting. After this period, you can check the registration of a car with the traffic police in three ways, we will talk about each of them in more detail.

Come personally to the traffic police

If on the 11th day after the sale of the car you yourself come to any nearest MREO and make an application addressed to the head of the department with a request to inform about the status of the sold car, then within 30 days you will be given an official answer. And this means that for another month you will receive fines for an already sold car. Moreover, under the law on the protection of personal data, this request may be denied to you. In this case, immediately write an application to terminate the registration of a car - you can read more about this in a few paragraphs below.

To complete the application, you only need your passport and a contract of sale.

The fastest way to check registration is on the website of the traffic police, using the "Checking cars" service. To do this, you need to drive in the VIN number and request verification. As a result, the service will show basic information about the car and the periods of its registration with the State traffic inspectorate for various owners. The service will not disclose the names of the owners, but by the date it will be possible to determine whether the car was registered a couple of days ago or is still registered with you.

If on the 11th day the car is still registered to you, write an application for deregistration.

What to do if fines come after the sale of the car

If you find out that a negligent buyer turned out to be unscrupulous and did not reach the traffic police in 10 days, take the noodles off your ears when the new owner complains about the lack of time, driving the car to another region or even breaking it down. If you do not want to pay fines and taxes for the buyer, go to the traffic police. Write an application to terminate the registration of the car. In this case, the documents and the car itself will be put on the wanted list - the car can be arrested on the road and taken to the parking lot. All fines issued in the name of the seller will be reissued in court to the new owner. It will be possible to renew the registration of the car at any time, as soon as the new owner pays the fine for not registering and completes all the necessary documents.

If you have done everything to check whether the car was re-registered or not, and found out that everything is in order with the documents, but the tax continues to come in, then contact the territorial tax service to recalculate taxes: it happens that the re-registration data reaches other institutions with late.

Service "Autocode" according to the state. number gives the history of the car. We usually recommend using our service before buying or selling a car. It allows buyers not to buy a “pig in a poke”, and sellers to sell cars faster, because people trust proven cars more.

How can the service help after verification? From the report, you can find out whether the registration procedure was completed by the new owner, and you can also find out about fines and accidents that the new owner managed to get into.

In a few minutes, the Autocode service will provide voluminous information from more than 12 official sources:

• participation in an accident;
• work in a taxi;
• pledges, loans, restrictions;
• theft;
• current mileage;
• number of owners.

To protect yourself legally, take a picture of the title in which the new owner is entered - buyers often forget to send a scan of the document. Exchange contact details and strongly demand that the buyer act according to the law: re-register the car within 10 days and inform you about it!