How to buy a car by means of a general power of attorney
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In this material we will tell you how to execute a general power of attorney for a car, which documents are necessary for this, and give an example of how to fill it in.
How to issue a general power of attorney for a car
Buying a car by power of attorney is simple. In fact, it replaces the contract of purchase and sale. The seller and the buyer do not waste time on drawing up an agreement and on reissuing registration documents in the traffic police.
A general power of attorney for the car requires all the data to be carefully filled in. It is possible to buy a car with such a document, if it is notarized. You can write it up yourself and bring it to the notary’s office to be signed. If you order it from a notary, he has a ready-made form. For a fee, the document will be drawn up for you.
The validity of such a power of attorney – a maximum of 3 years, this point must be spelled out. If there is no exact indication of the term, then, as a rule, it is equal to 1 year. Minus for the buyer – the seller can revoke the power of attorney at any time, leaving the first with nothing. After three years, you need to conclude a sales contract and execute a new power of attorney.
Important: Specify the date the power of attorney was signed or the start date of the power of attorney. Without these clarifications, the document is considered invalid.
A list of data required to be included in the document:
- date (for example, the fifth of November two thousand seventeen year) and the place of the transaction in words;
- about the principal: name, date of birth, passport data, including registration and place of residence;
- about the representative: full name, date of birth, passport details, including registration and place of residence;
- about the vehicle: license plate number, make, model, year of issue, data of registration certificate, VIN;
- powers (to dispose and operate it, perform all operations in traffic police, represent interests in court, etc., repair the car, issue MTPL and other types of insurance).
For those who are going to draw up documents independently, we give an illustrative example.
Model Power of Attorney to Purchase a Car
We suggest downloading a sample general power of attorney. You can fill it out in printed form or write it by hand. The execution of the document is not strictly fixed by law, but requires all the data listed above.
Before you execute your own copy, look at the completed sample. Before sending it to a lawyer, check your version with the ready-made form. Just in case, take a blank sample and a piece of paper with you to correct mistakes on the spot.
Documents for executing a general power of attorney for a car
To certify the document at the notary, the presence of both parties is not necessary, only the principal is needed. The latter must have everything you need with you, including a photocopy of the buyer’s (trustee’s) passport.
What you need to take to the notary:
- The passport of the owner of the car;
- Passport (or copy) of the person to be trusted;
- registration certificate of the machine;
- passport of the car;
- money to pay for a lawyer’s services.
The cost of attestation – from 400 rubles.
What you need to do before completing the purchase
First of all, you need to check the owner of the car through a special service. It is possible that enforcement proceedings have been initiated against him, which can lead to restrictions of the traffic police.
There can be a situation, when bailiffs send documents for arrest of a car to traffic police, but at the moment of purchase, traffic police didn’t manage to receive these documents or to enter data about restrictions into the database. The new owner buys a legally clean car, and the next day the car gets banned. Until the old owner pays off the debts, the new owner can’t register the car at the DMV.
From the report on the car owner you will find out if he has any problems with the law, if his passport is valid, if there are any debts and enforcement proceedings. View sample report
If the check finds no serious problems, ask the seller for a general power of attorney, notarized, and check the three main points:
- The date and term of the power of attorney;
- The power to remove and register the car in the State Traffic Safety Inspectorate, and to issue the CMTPL insurance;
- Specification of all data on the vehicle and participants of the transaction, with no errors.
- all documents for the car: PTS, registration vehicle;
- Two sets of keys: main and spare;
- A technical card for the car or a vehicle inspection ticket.
- If the owner has an unlimited number of drivers, the trustee can drive on it until the expiration date.
- If the policy includes drivers, you can add the trustee to an existing policy with an insurance company or broker.
- Alternatively, a clause can be added to the power of attorney granting the right to make changes to the existing policy. Then, the attorney will be able to go to the insurance company and add his name to the list of allowed to drive.
- Visit the traffic police together with the owner and register the car in the trustee’s name under the general power of attorney. To do this, you need to write an application for the removal and registration of the car by general power of attorney in connection with the change of owner. After that, everything is standard: tech inspection, state duty and receiving the documents with the changes made.
- If the owner does not want to take part in the re-registration procedure, then you can sell the car to a reliable friend or relative (by general power of attorney you can do it). And then “buy” the car back.
- The original of the general power of attorney;
- Certificate of Registration of the vehicle;
- Talon TC;
- Passports of the principal and owner or “temporary” owner;
- Civil defense policy.
- In the case of the owner’s decision to sell the vehicle (if the car owner prefers to entrust the conduct of affairs to a trusted person);
- If the car is purchased by an intermediary, who plans to register the right to another person;
- If there is no possibility to sell the vehicle in the usual way (in this situation, the power of attorney is a so-called hidden contract for the execution of the transaction).
- to operate the vehicle;
- to carry out any transactions concerning the vehicle on behalf of the owner (in this case prior notification and approval is not necessary);
- signing statements and other documentation for driving and other actions with the vehicle;
- payment of any financial charges that are incurred in registering the vehicle;
- registration and de-registration of the vehicle;
- receiving money when selling the car.
Important! Protect yourself from swindlers. Before you buy a car, check it, using the online service AutoCode. Thanks to this you can find out the complete history of the car: data on the PTS, actual mileage, the presence of restrictions of the State Traffic Safety Inspectorate, data on MTPL, customs history, history of fines, and much more. The cost of one report is 399 rubles. You can check more than 12 sources: traffic police, EASTO, RSA, Federal Tax Service, Federal Customs Service, cab register, banks, etc.
If you are a professional car dealer, you can use the unlimited car inspection service “Autocode Pro”. “Avtokod Pro allows you to quickly check a large number of vehicles, add comments to reports, create your own lists of liquid vehicles, quickly compare options, and store data on cars in an organized manner. Subscription to unlimited car checks costs 2,500 rubles per month.
The owner must also provide the principal with
Important: After the purchase, within 10 days you should draw or buy a MTPL policy. You can arrange an MTPL policy without visiting the office and at a discount of up to 3,000 rubles at this link.
But! Do not rush to buy the policy, there is an opportunity to use the insurance of the previous owner.
It’s worth noting that if an accident happens, the insurance payment will be received by the car owner or the person authorized with the right to receive it from the insurance company.
And remember, you have no right to drive the car without the car insurance registered in your name.
Registration of the car in traffic police
The next step is to register the car in your name, which should also be completed within 10 days.
There are two possible options for registering documents in your name:
For both options, take with you:
Important: After registration, don’t forget to make changes to your MTPL policy.
If you do not re-register the car, you can safely drive it, but the owner will be considered the previous car owner. In this case, there are certain risks. Read about the dangers of buying a car by general power of attorney in a separate article.
Power of attorney for a car
If you are interested in the registration of the power of attorney for a car, in this article you will find all the important information. Here you can learn about how and where to obtain a document, how to properly draw up a power of attorney and what are the main advantages and disadvantages of driving a vehicle by power of attorney.
According to the current legislation of the Russian Federation, a general power of attorney for a vehicle is a document, on the basis of which the trusted person has the right to perform various transactions with the vehicle.
How and where to get a general power of attorney for a car
First of all, we should determine what is a general power of attorney for a car? First of all, it should be noted that you do not need a general power of attorney to operate a vehicle. Driving a car is possible after the verbal consent of its owner, or on the basis of a power of attorney written by yourself.
If the car is not stolen and is not wanted by the relevant authorities, during the check on the road the power of attorney will not be required.
However, it should be understood that the existence of a written power of attorney is not a basis for any transactions at the traffic police.
When a general power of attorney is issued:
In most cases, a general power of attorney is necessary for the execution of the sale-purchase transaction if there are any problems. We are talking about the absence of a certain document for the vehicle or problems with the identification number of the car.
A general power of attorney will also save money on vehicle tax when buying and selling a car. The consequences of such a transaction are risks and disadvantages both for one party and for the other (the car owner or the buyer may even lose the documents certifying the ownership of the vehicle).
How to draw up a general power of attorney
A general power of attorney is issued by a notary. Only the owner of the vehicle may execute the document. In some cases, the power of attorney may be delegated, but this variant of registration of the document is used only in exceptional situations. In the power of attorney must necessarily be listed all the rights of the trusted person.
When it comes to the registration of a general power of attorney for the sale of the vehicle, the document can not include information about the transfer of money. In this case, a receipt or agreement is signed between the seller and the buyer. On the basis of a general power of attorney one can sign documents, register the transaction and receive the necessary amount of money.
In accordance with the Civil Code of the Russian Federation, once the transaction is completed, the power of attorney must be notified of the transfer of documents and money to the trustee.
If the vehicle was sold via a general power of attorney, there is no notification to the principal.
It should be noted that the power of attorney must necessarily contain information about the vehicle (characteristic). This information is indicated by the notary on the basis of the certificate of registration and the passport of the vehicle. There is no question about the actual inspection.
The data on the receipt of a general power of attorney by the trustee must be entered in the registry. Such an operation allows any notary office to verify the authenticity of documents for the car in the event of its further sale.
In accordance with the law, obtaining a general power of attorney for a car implies the mandatory payment of a fee, the amount of which is 200 rubles. However, it should be noted that the actual costs will still be considerably higher, as it will be necessary to pay for the execution of documents by a notary.
The final fee will depend on the rates of the notary company, the complexity of drafting a power of attorney and a number of other factors. In most cases the applicant will have to pay between 1000-17000 rubles.
Advantages and risks
Quite often, persons wishing to execute a general power of attorney are interested in the advantages and risks of this procedure. The main advantage of issuing such a document is the transfer of a limited right regarding the operation and other actions with the car to another person. In this case we are talking about an independent collection of documentation, registration of the transaction through the traffic police.
If we talk about the disadvantages, there are much more for the car owner. First of all, the car owner needs to pay tax. Fines, recorded through video cameras, will also come to the car owner.
You should not overlook the fact that during the sale-purchase transaction by general power of attorney, you may encounter fraudulent schemes.
If you are faced with the need to execute a general power of attorney, you need to contact any notary in your area. Here you can also find out more about this document.