How to issue a general power of attorney for a car with the right to sell

Making a general power of attorney for a car is a fairly simple procedure that allows you to avoid various nuances associated with re-registration of a car to a new owner. You can also write it out yourself, but more often the participants in the transaction prefer to use the services of a notary to certify the power of attorney.

What is a general power of attorney?

Unlike a regular power of attorney, a general power of attorney gives the right not only to drive a car, but also to sell it, rent or register it, rewrite the power of attorney to third parties. In a word, it gives complete freedom of action in relation to the vehicle. However, its execution requires some time and money, it is issued by a notary, for which you will have to pay a fee. The notary will completely fill out the form, compiling it in accordance with all the requirements of the law, you will only have to sign it.

If you want to issue a power of attorney, you will need the following documents:

• STS;
• PTS;
• passports of the old and new owners.

General power of attorney is valid for 3 years. There is also a whole list of situations when it is invalidated:

• revocation of the power of attorney by the owner;
• expiration of its validity;
• refusal to renew;
• death or absence of the car's principal.

Based on the foregoing, in fact, ownership remains with the principal, so draw up a power of attorney only with those people in whom you are sure.

You can find a form of a general power of attorney in the notary's office, or you can download and print it on the Internet.

Filling out a power of attorney is practically no different from drawing up a contract of sale:

• the “header” indicates the city and date of the document;
• then all vehicle data is indicated - registration number, brand, model, color, year of manufacture, numbers stamped on the body, chassis, engine, VIN code;
• data from the STS - date of registration, number of registration certificate;
• data of both parties to the transaction - full name, address of residence;
• powers that are transferred to the new owner;
• validity;
• signatures of the parties and the notary.

important point – note that the power of attorney has (or does not have) the right of substitution. That is, the new owner can issue a power of attorney to third parties.

If you decide to purchase a car by proxy, then you need to check all the details of the seller. It is not uncommon for scammers to use this method. Be sure to take from the old owner a receipt for receiving money for the car, so that in case of any problems you can prove the fact of the transfer of funds. It is also advisable to notarize the receipt.

Advantages and disadvantages of selling a car by general power of attorney

Speaking about the advantages, only one thing can really be singled out - the absence of the need to go through all the formalities in the traffic police and pay sales tax.

Until recently, any driver who drove a vehicle that did not belong to him had to have a power of attorney. However, now for this they use the OSAGO policy, in which you can enter an unlimited number of driver names.

Selling a car under a general power of attorney justifies itself only in cases where these are buyers you trust. There are many cases when the buyer refuses to pay fines and taxes that continue to come to the principal's address.

There are also a number of disadvantages for the buyer, the main of which is that the seller may want to revoke the power of attorney back or refuse to renew it. Although in these cases there are effective mechanisms for protecting their rights - the form of a power of attorney is an important proof, as well as receipts for receiving funds.

It must also be remembered that if the seller dies, then the rights to his property are transferred to the heirs, and the power of attorney is canceled. If the buyer dies, then the ownership of the car is transferred not to his heirs, but to the seller.

Also, stolen and loan cars are often sold by proxy. Therefore, if you still want to buy or sell a car by proxy, then check the information very scrupulously, use all available means to check the past of this car - checking by VIN code, contacting the traffic police databases and bank databases. Work only with those people who inspire confidence in you and can provide all the documents.

It is also worth noting that at the moment the procedure for drawing up a sales contract has been greatly facilitated, there is no need to deregister a car - it will automatically be deregistered as soon as it is registered for a new owner. Well, sales tax is paid only in cases where the car has been owned for less than three years.

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