How to sell a car under a sales contract without deregistration?

The transaction of purchase and sale of a car involves the transfer of ownership from the person selling the vehicle to a second person - the buyer. After making amendments to the administrative regulations, the question often arises in the secondary market of how to sell a vehicle without deregistration by drawing up a sales contract. Despite the ease of going through all the procedures, many buyers and sellers make a number of mistakes. Below we will consider how the re-registration process is organized today.

Deregistration of a car upon sale - is it necessary?

Since August 2013, deregistration of the vehicle in preparation for the sale is not mandatory. Now this work falls on the “shoulders” of the state traffic inspectorate, whose employees resolve the issue (along with the subsequent registration of the vehicle) when registering a new owner. By law, the buyer has ten days from the date of signing the contract of sale to re-register the car. It was during this period that the car was deregistered and registered for a new owner.

After making changes, the buyer has the right to receive a vehicle with old numbers. In this case, the seller is relieved of the need to go to the traffic police and remove the car from the register. This innovation has simplified and accelerated the procedure of buying and selling.

However, in two cases, deregistration of the vehicle is mandatory:

• when traveling abroad;
• when disposing of a car (partially or completely) in a situation where the car cannot be restored.

Also, the vehicle is automatically deregistered in the following situations:

• the registration period has expired (when drawing up documents for a certain period);
• the procedure for re-registration of a car has been violated (more than ten days have passed since the date of signing the contract of sale);
• the car was stolen or illegal actions took place in relation to it.

How to draw up a contract of sale?

In the secondary market, cars are sold in two ways:

• by issuing a general power of attorney;
• through a contract of sale.

The second option is more reliable, so many buyers choose it. But here it is important to draw up the contract correctly. By law, there are no strict criteria for filling out a document, but in order to avoid problems, it is better to use existing sample agreements and forms. In addition, despite the absence of notarization requirements, buyers are increasingly choosing this option. It is believed that the execution of documents with the involvement of a notary is more reliable.

The automotive portal Vodi.su recommends that when filling out the contract, indicate only true data, and put a dash in the blank lines.

Information that should be in the document:

• the name of the city where the transaction takes place.
• date of execution of the contract of sale.
• Name of participants (buyer and seller).
• data about the car - according to the certificate, state. numbers and so on.
• the cost of the goods and the order of payments.
• the timing of the transfer of the vehicle to the new owner.
• the address where the machine is to be delivered.
• a list of papers on the car that the new owner receives.
• registration and passport data of participants.

Upon registration, the purchase and sale agreement is re-read and signed by each of the parties after the transfer of money.

algorithm

The entire process of re-registration (including the conclusion of a purchase and sale agreement) takes no more than an hour. The new owner draws up an application and goes with it to the traffic police. At this stage, in the rest of the documents that are submitted for consideration to the state traffic inspectorate, there is the name of the old owner.

To re-register a car, you will need the following papers:

• insurance policy, it must be issued to the new owner (term - one year);
• an agreement confirming the fact of sale;
• the buyer's passport, it is important that the document contains information about the place of registration, in addition, a second paper is required that could confirm registration;
• diagnostic card with information about maintenance;
• PTS with the signature of the previous owner;
• a document confirming the payment of the state duty (issued to the buyer);
• certificate of state registration of a car for the old owner.

The total cost of paying the state duty, if old numbers remain on the car, is 850 rubles. If the license plates of the vehicle are changed, the costs increase to 2000. In this case, all costs are borne by the buying party.

The seller is not required to be present during the renewal process. He is required to participate in the execution of the contract of sale and the transfer of papers to the car. After the conclusion of the agreement, the buyer receives the keys and numbers. It is important that the old owner signs the TCP in order to avoid problems during re-registration.

After the registration is completed, the new owner is sent to the insurers to terminate the OSAGO contract in order to return part of the funds, taking into account the validity period and the discount. As noted, ten days are given for re-registration of the car from the date of conclusion of the contract. If the new owner has not allocated time to deregister the vehicle within this period, the process can be started by the previous owner.

If the former owner does not control the actions of the buyer and does not make sure that the car is deregistered, fines and notices on tax payments will continue to come to him. Subsequently, you will have to spend time explaining with representatives of the traffic police and the Federal Tax Service, and then prove the fact of the transaction by providing a contract of sale.

In general, the algorithm for registering a car without deregistration looks like this:

1. A contract of sale is drawn up (three copies) - for each of the parties to the transaction and MREO. The document is transferred to the last authority already in the process of re-registration of the vehicle by the new owner. The paper must contain the information mentioned above, corrections are not allowed.
2. Related issues are being addressed. After transferring the required amount, the new owner signs in the TCP (in the column of the previous owner), and the buyer - in the line where the new owner must sign.
3. Documents and car keys are handed over. Registration of OSAGO is the task of the buyer.
4. There is an exchange of copies of passports (if desired). The latter can be useful in resolving controversial issues.

Practice shows that deregistration when selling a car is an obsolete option that is used in rare cases. As a result, it will not work to come to the traffic police and stop the registration of the vehicle in order to save on transport tax. The withdrawal procedure itself takes place simultaneously with the registration of a new owner, who has ten days left for registration.

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