We draw up a contract for the sale of a car. Preliminary contract for the sale of a car in a car dealership

The contract of sale is an agreement in which all the conditions for the transfer of goods (car) by the seller to the ownership of the buyer are prescribed. The client, in turn, undertakes to pay a certain amount for the goods received.

During the drawing up of a contract for the sale of a car, each party must be satisfied with all the terms of the contract. Do not rush to sign the contract without carefully studying all the points and nuances of interest, if necessary, you can even ask to take the contract form home and check everything.

Contract of sale in a car dealership: what is it?

When concluding a contract, it must necessarily contain such clauses as conditions on the subject of the contract, namely the name and brand of the car, its characteristics and equipment, color, quantity of goods.

If the contract does not contain the most important points, such as the name of the goods and its quantity, then the contract is considered not concluded.

In the contract in without fail information on the price and the procedure for calculation must be indicated in writing.

The contract also indicates the type of payment, in cash or in installments, payment using credit funds. When making an advance payment in the contract, it is worth indicating the amount of the advance payment and picking up a receipt voucher, which confirms the payment Money.

What to pay attention to when signing a DCT?

Be sure to specify the delivery time of the car in the contract. Indicate the date and place of transfer of the car so that you do not have to wait for your car for a very long time or go to any place to pick it up.

Focus only on the terms specified in the contract in writing, because what is said orally has no legal force and you have no right to demand something only from the words of the seller. If this condition is clearly stated in the contract, only then will you be able to defend your rights.

Pay attention to the conditions for terminating the contract so that you know in what cases and how to terminate the contract if it is suddenly necessary. If you do not comply with the conditions, the dealer also has the right to terminate the contract.

The warranty period is also important. The warranty covers all parts of the car, the warranty period begins from the time the car is handed over to the buyer.

If you will complete the car with additional equipment, also describe this in writing. To do this, you can draw up a separate contract, the car dealership will prescribe a list of works that it will perform for you. Here you should also pay attention to prices (in the car dealership there should be a price list with a list of prices), warranty obligations, after-sales service.

If something is not clear to you when reading the contract, be sure to check this item with the seller and agree on all the provisions. Remember that a contract is important document for the court (if you have to resolve issues through the court).

Preliminary contract: what is it and when is it needed?

If you want to purchase a certain brand of car, and it will fit into the salon after some time, or you want to buy an expensive one, exclusive car you can make a preliminary contract.

This document confirms in writing that you have made a reservation, and the car dealership is obliged to deliver to you after a certain period of time. desired car. You, in turn, make an advance payment, a deposit confirming that you will pick up the car from the salon.

When drawing up a preliminary contract, it is worth considering some nuances and being very careful. If you come across an unscrupulous seller, you can run into a scam.

So what can you expect? You have made an advance payment and are waiting for the specified period to pick up the car. They call you from a car dealership and say that the car is already there. But there was a “mistake” and the car was brought in a more expensive configuration, for example. You can refuse the wrong product and lose the deposit, but in most cases, the client agrees to pay extra to pick up the long-awaited car.

They can bring you a car with defects, chips or scratches, they can inflate the price, referring to the increase in the dollar during the time the car was ordered and delivered. And what is most unpleasant, if the case goes to court, proceedings under a preliminary agreement often lead to losses for the client, and it is not easy to win such a case.

Before you buy a car, look at car dealerships. Pay attention to the rating and reviews, the term of the company, its achievements and the services provided. After choosing a salon and required car carefully read all the clauses of the contract, and everything that is not clear, decide immediately on the spot. Let the purchase of a car be successful and enjoyable for you!

A car purchase agreement is a document that cannot be neglected when you sell or buy a car.

The need for such actions is provided for by the articles of the Civil Code of the Russian Federation, which state that the right of ownership is acquired only through the alienation of property or the execution of an appropriate transaction agreement. There is no clear form in which this document should be drawn up.

Simple handwritten filling is allowed, only in this case it is important to approach the content very responsibly so as not to miss important information that must be indicated.

Among car owners there is a very significant percentage of opponents of the execution of transactions under a sales contract. For what? After all, the car can easily be sold by proxy. In this regard, let's talk about the pros and cons that the conclusion of this document entails.

Pros:

Guided by Article 186 of the Civil Code of the Russian Federation, we learn that:

1. It is mandatory to indicate the date of issue of the power of attorney otherwise it has no legal effect;
2. It is issued for a period of 1 year., unless another expiration date is specified in the text;
3. The longest period during which a power of attorney is granted, is limited to 3 years, this should be specified in the document itself. After this time, the document loses all legal force, and the "buyer" loses all acquired rights.
4. The legal owner of "your" car at any time has the right contact a notary with a request to revoke the issued power of attorney. And his actions will be completely legal. As a result, the buyer will not be able to complete the sale this car, and in the event of a sale, such a transaction will be declared insolvent in court.

Minuses:

1. Documented for traffic police, as a result of the sale of the car by proxy, its owner does not change. Accordingly, all fines, taxes and other duties will have to continue to be paid to the rightful owner. When transferring the car under a sales contract, this responsibility will be transferred to you.
2. Having to pay the cost services for the execution of the transaction by an intermediary or spend time looking for a ready-made template for a car purchase and sale agreement.

We conclude that by issuing just one document, you can protect yourself from an unimaginable number of unnecessary problems.

Regulation in the field of car trade

The sale of automobiles is regulated in accordance with Section VI of the Rules of Trade. Such a privileged position went to this category of goods due to their complexity, high cost and the peculiarity of concluding transactions.

Trading features:

Vehicle purchase agreement

The question of the pros and cons of acquiring a car under a sales contract has already been discussed above. It must be admitted that this form of transferring a car into personal ownership is still more acceptable. Now it is necessary to consider the features of the conclusion of this transaction.

Required documents:

• PTS- Vehicle passport. It is necessary to enter information from the traffic police about the removal of the car from registration records for the purpose of sale, gift or disposal.
• ID cards seller and buyer.
• If the contract for the sale of a car is drawn up by a person not specified in the TCP, then presentation is required notarized power of attorney confirming the legitimacy of such actions. Similarly, if the car is purchased by the buyer not for himself, a power of attorney from the future owner is required.
• If the vehicle is purchased for legal entity, the representative sent to conduct the transaction is issued power of attorney for the transaction, with company seal.

The contract of sale must be drawn up in three copies - the seller, the buyer and one for registration with the traffic police.

Contract for the sale of a new car

Buying and selling a new car takes place in the salon. In this regard, you need to pay attention to the text of the contract, because it was drawn up by professional lawyers for the benefit of the salon.

If the points specified in the contract suit you unconditionally, you can start checking the car, after which the contract is concluded.

The text of the contract must contain the following information:

1. The subject matter of the contract.

Must be fully spelled out serial numbers body and engine. Be sure to check the correctness of their inclusion in the contract personally. Also indicate the color, model and required equipment.

1. The total cost of the car and the terms of payment.

This point must be paid close attention if the car is brought to order. Delivery times, the amount and conditions for the return of the deposit, penalties to the salon in case of failure to meet deadlines. Everything needs to be on paper. Remember that not a single oral agreement will become an argument when considering a case if it comes to court.

1. The terms and conditions of the warranty service must be indicated.

Few people think about the need for repairs, acquiring new car. However, such a need may well arise, and the salon will refuse to repair and show you the corresponding clause in the contract.

1. return conditions.

Yes, the car can legally be returned within 14 days if the buyer finds significant defects. But if the contract specifies otherwise, then by signing it, the buyer accepts the terms of the seller and it will be impossible to return the car.

1. When buying on credit.

Follow the indication of all the details of the selling party. Check for seals and signatures.

Used car purchase contract

There are two types of used car deals:

• Purchase at a car dealership;
• Purchase from a private individual.

The first method is more expensive, but it is less risky. As a rule, reputable car dealerships carry out high-quality pre-sale preparation used cars. Here you will not find a frankly inoperative car that has been in terrible accident. True, and a decent percentage of such care runs up.

You can trust fate (yourself, acquaintances, a hired specialist) and look for a car on your own.

There are two risks here:

• You can buy a car with technical flaws, sometimes irreparable.
• You can run into a mortgaged car, stolen or having other problems in the legal field.

Let's try to protect ourselves.

When concluding a contract of sale with a private person, pay attention to the following important points:

1. Lack of original PTS.

It threatens that the car is pledged to the bank. Check this fact through the traffic police or a special registry.

1. Assignment requirement.

In principle, this situation is allowed, but when transferring any amount of money, check that this particular person is the owner of the car that you plan to purchase, ask the recipient for a receipt.

1. Draw up an act of acceptance car and money. If the money is not transferred in full, you need to clearly indicate when and how much was received, in what time frame the balance must be repaid.
2. Ideally, if the form of the contract to be concluded is yours. Then you will be sure that no pitfalls will be found later.

Sample contract filling

If you still decide to purchase a car from a private person on your own, then you may find it useful to use the car purchase agreement form. Responsibly treat the filling of each of its points, then the risk of legal problems will be much less.

Noskova Elena

I have been in the accounting profession for 15 years. She worked as a chief accountant in a group of companies. I have experience in passing inspections, obtaining loans. Familiar with the areas of production, trade, services, construction.

Today, once again, we decided to touch on the topic: "Buying a car in a car dealership." And first of all, we will talk about how not to lose money when buying a car like this.

The topic of deception in car dealerships is not new, but always relevant. One might even say eternal.

While the people will buy cars, someone will deceive them. And here is the paradox - how many of our motorists do not learn to avoid all sorts of traps in car dealerships, salon crooks still manage to breed them.

Someone will be heated for a small amount, and someone will leave millions to scammers without receiving anything in return.

What helps car dealerships deceive us

Do you know what, in most cases, allows dishonest car dealerships to thrive on fraudulently received money from unlucky customers? Banal inattention and indifference of customers.

Well, our laziness Russian people read the contract of sale of the car. He is worried about buying a car in a car dealership, he already feels like the owner of a brand new (well, or not very, but still desirable) car that he dreamed about, for which he collected money, etc.

And where in all these disturbing experiences is there a place for some pieces of paper, contracts and other things. We sign without looking.

Lawyer interview

What problems can arise due to the buyer’s inattention when buying a car in a car dealership, Chistov Yu.

In addition, we recommend watching 2 videos on the topic of deceiving car owners when buying a car in the cabin. On the example of sale and purchase agreements, you can not only see what pitfalls a scammers agreement may contain, but also understand the difference between the agreements of a dishonest station and a normal one.

Kidalovo in the showroom

Comparison of contracts for the sale of a car

We sincerely wish you that buying a car in a car dealership is never overshadowed by unnecessary problems and worries.

Well, if there are problems, Airate will help you.

One comment on ""Buying a car in a car dealership, how to avoid fraud""

Due to my inattention and frivolous attitude to reading the contract, I fell for the trick of scammers at the Volkswagen Favorite Hoff car dealership. Came there for a brand new Kia Rio. The manager almost immediately persuaded me to sign a preliminary contract. When he made the money, the car turned out to be many times more expensive. They refused to return my money. They said they would keep it as an advance. And I still owe a penalty! Here is a divorce! Naturally, I bought this car. But it was a pity the money spent, it's not worth it. I don't know what I would have done if my friend hadn't advised me a black car dealership lawyer. After the proceedings, I returned the car to the dealership, and my money was returned to me. This is how they fool us, profiting from our inattention. Be careful.

Today we want to tell our readers about buying a car in a car dealership. How can the auto buyer be misleading? What to look for when ordering a car? What pitfalls can be hidden in a contract with a car dealership? We will try to answer these and other questions in our short article.

And the prices are WOW!

Car dealerships today are actively using outdoor advertising, advertising on the Internet and the media in order to lure customers. Competition among car dealerships is high, so everyone strives to offer potential buyers the most interesting conditions. Attractive promotions are announced regularly. In the price list of a car dealership, you can often see enough low price per vehicle compared to competitors. This may be due to the fact that the price tag for a car does not take into account the amount of value added tax (VAT) of 18%. However, this method is usually used by "gray" dealers, since official dealer is strictly bound by the terms of the contract with the car manufacturer and agrees all prices with him. Therefore, if you find an offer to sell a car at a super low price, it will not be superfluous to clarify whether the declared price includes VAT. Do not limit yourself to explanations of sweet-voiced managers, ask for the official price list, look for information on prices for similar cars offered by competitors.

The same, but with mother-of-pearl buttons

Another common method of deception: you arrive at a car dealership with cash and are ready to immediately take the car you like at the price stated in the advertisement. However, we have to disappoint you - the number of cars for the promotion is limited, and literally just last car was sold. Resourceful managers are ready to offer you an option - there is a similar model, but from a different batch. Therefore, the price tag will be a little more expensive.

Or another option: there is a car, but it is installed optional equipment. Unfortunately, it is not possible to remove the equipment. Naturally, you will need to add the cost of additional equipment to the price stated in the advertisement. Moreover, often the client does not need such equipment at all, but I really want to buy a car today.

Remember that consumer protection law expressly prohibits making the purchase of one product (car) conditional on the purchase of another product (accessory). Therefore, feel free to tell the manager that this option does not suit you and you go to another car dealership. Naturally, in this scenario, the car dealership will be interested in concluding an agreement with a client with money and will try to offer you some other option.

And no guarantees

Quite often, buyers in car dealerships can be misled about the terms of warranty service. For example, in the accessories case above, you are stating that you want to put the equipment on the machine elsewhere, where it is cheaper. In response, you will receive an assurance that in this case the warranty on the machine will no longer be valid.

Buyers should be aware that, first, there is such a thing as freedom of contract. That is, if you do not want to install additional equipment in this car dealership, no one can oblige you to do this. And secondly, cases where the seller has the right to refuse warranty service are clearly regulated by consumer protection legislation. In particular, if the product has been installed guarantee period, and the seller proves that the defect in the car manifested itself through the fault of the consumer or third parties (for example, during unqualified repairs or violation of operating rules), then in this case he can really refuse warranty repair auto.

Cats in a bag

Some very gray dealers sin by selling cars with defects. For example, you may be given a car in a room with poor lighting. Therefore, you can easily overlook a dent in the door or a scratch on the hood. Therefore, if you find any shortcomings in the car immediately upon handing over the car, it is better to immediately stipulate them in the act of acceptance and transfer of the car. Under consumer protection law, you have the right, among other things, to demand a commensurate reduction in the purchase price to compensate for any shortcomings.

And insurance to the load

Most car dealerships actively earn money by providing additional services. Therefore, in almost every car dealership you will find a certain number of credit and insurance managers who are ready to issue you a loan to buy a car or a CASCO policy right on the spot. Remember that such loans and insurance can be more expensive. Therefore, it makes sense, if you are going to take out a loan to buy a car, to inquire about car loan programs at different banks to choose the most profitable proposition. Perhaps it would be more profitable to take a cash loan and go shopping with the money in hand. A similar story with insurance companies: remember that insurance is issued not only because the bank requires it. You will live with this insurance and use it. Therefore, it is necessary to choose insurance company that offers more coverage or resolves claims faster.

The deal is more valuable then money

It is also important that the registration of your purchase is correct from a legal point of view. The concluded contract of sale of the car should be primarily in your interests. Read the contract completely and slowly, without missing a single paragraph and notes in small print. If some terms of the contract do not suit you, or do not correspond to the promises of sweet-voiced managers, or the contract does not contain essential information, it is better not to sign such a contract.

Pay attention to the following points: total cost the car and the payment procedure, the exact description of the car (make, model, VIN, body number, color, production date, etc.), the terms of delivery and transfer of the car to you (if the car is bought on order, and not located directly in the showroom).

Specify information on the availability of TCP, since many car dealerships sin by delaying the delivery of TCP for those cars that are already in stock in the showroom. And, of course, do not believe the promises of managers. In the event of any disputable situation, the words of the manager cannot be sewn into the case and the issue will be resolved based on the terms of the signed contract.

Sometimes there is also a situation when a car dealership takes an advance payment for a car, but does not issue a copy of the contract to the buyer. Such a scheme of work is contrary to the law on the protection of consumer rights, which clearly states that if an advance payment is taken for the goods, the delivery time of the goods must be indicated in the contract. In our practice, we also encountered situations where, for example, a loan agreement is drawn up instead of a car purchase and sale agreement. This can be done in order to mislead the unenlightened buyer: when he refers to consumer protection law and demands a penalty for late delivery of a prepaid car, the cunning manager will tell him that this is a loan agreement, which means no claims .

The matter is clear that the matter is dark

There are also quite egregious cases of violation of the rights of motorists when buying cars. They often end up in criminal cases against car dealership owners and specific managers.

For example, buyers can be lured to a car dealership with super low prices, take a deposit for a car in the amount of 30-70 thousand rubles. After receiving a deposit, the car dealership announces the real cost of the car, which turns out to be much higher than expected. Naturally, the buyer wants to refuse such an agreement and take the money. But here he is pointed to the clause of the contract of sale, which he signed with his own hand. This paragraph provides for a fine for refusing to buy a car in the amount of 7% of the cost of the car.

They can also sell used cars under the guise of brand new ones. With this type of fraud, the car dealership buys 1-2 summer cars and brings them to the ideal presentation. The mileage is reset on the cars and they go on sale as brand new. However, these are extreme cases, and we really hope that you will not have to deal with them.

How to protect your rights?

To avoid all of the above problems, you must be guided by the golden rule: forewarned is forearmed. Before buying a car in a particular car dealership, make inquiries on the Internet. You should be alerted by the numerous reviews of deceived car owners, data on lawsuits on consumer protection, in which your car dealership appears as a defendant. Chat with car owners on thematic forums, perhaps someone will share their negative experience.

Preliminary contract for the sale of a car- its sample is drawn up in writing and signed by the persons who will be parties to the main contract. We will tell you how to draw up a document correctly and what you should pay attention to in this article.

Preliminary contract for the sale of a car

A preliminary contract is an agreement between the parties in which they express their intention to conclude a main contract in the future.

As a rule, the preliminary contract indicates the period during which the contract of sale must be concluded. If one of the participants in the transaction refuses to sign the main contract, then the other party has the right to force him to do so through the court or demand compensation for losses.

In the event that none of the parties wants to sign the main contract within the specified period and does not make a corresponding proposal to the other party, the preliminary agreement ceases to be valid.

IMPORTANT!A preliminary contract for the sale of a car is not subject to state registration.

Contract Requirements

The preliminary agreement is drawn up in the same form as the main contract. Although transactions between individuals up to 10,000 rubles. can be concluded orally, let's be realistic: in order to protect yourself from fraud, it is better to sign all agreements on paper.

The legislator does not impose special requirements on the content of the contract. We recommend that you pay attention to the following conditions, which must be specified in the preliminary agreement:

1. Full names of the parties. If we are talking about an organization, then it is imperative to designate a person authorized to sign contracts, indicating the documents on the basis of which he acts. In the case of an agreement between individuals, their full name, date of birth and passport data are prescribed.
2. Deadline for signing the main contract. It can be a specific date or an indication of an event.
3. Data about the vehicle that will be the subject of the sale in the future. In this case, the information must be so detailed that the car can be identified.
4. Price. Given the fact that this is a preliminary contract, mentioning the price in it is not the main condition. However, its indication is a kind of guarantee that the seller will not increase the cost of the goods, for example, due to an increase in the exchange rate.
5. Payment method. If the parties have agreed that payment for the car will be transferred in installments, then this circumstance can be mentioned in the preliminary agreement.
6. Responsibility of the parties. If the parties to the agreement violate their obligations, they will be liable in accordance with the terms of the preliminary agreement. You should not rewrite the provisions of the Civil Code of the Russian Federation on penalties, etc. You can specify additional penalties.
7. Dispute resolution. Where the parties reside in different regions or want their disagreements to be considered in a specific body, this is prescribed in the agreement.
8. Final provisions and signatures of the parties.

Buying a car in the salon: risks and miscalculations

Quite a lot of buyers want to buy a new car in the showroom. However, when studying the range, it may turn out that the desired model or equipment is not available. Will have to wait.

To pin vehicle behind him, the buyer concludes a preliminary contract with the salon. This document contains a prepayment condition for the goods. On the one hand, this is a seller's guarantee that the car will be redeemed, and on the other hand, the buyer's guarantee that the vehicle will remain with him.

If the car is purchased in the cabin, in order to protect yourself from risks, consider the following circumstances:

1. The preliminary contract must specify a specific delivery time of the goods. This is useful if the dealer has delayed the shipment, for example, at the border. For each day of delay, you can collect a fine through the court.
2. If you were delivered a car of the wrong configuration, color, etc., draw up an act, fixing all the shortcomings that you found. This document is signed by the buyer and the seller's representative. After that, write a claim addressed to the head of the salon demanding the return of the deposit. If you still need a car, you can request a replacement.
3. In large car dealerships, the cost of cars is calculated in foreign currency. Undoubtedly, economic situation in the country is changing, the exchange rate is growing. It is quite possible that when signing the preliminary contract, the cost of the car was lower than after it arrived at the showroom. And the fault of the seller is not here - it's just a jump in the exchange rate. In this regard, it is better to prescribe the cost of goods in rubles in the preliminary agreement.

The conclusion of a preliminary contract for the sale of a car is a fairly common practice. But before you sign a document, you should carefully read all its conditions.