How to safely sell a car: legal regulations, what to consider, legal advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

The sale of a machine is subject to numerous legal requirements. If they are violated, then the seller may be declared a fraudster. Therefore, you should figure out how to safely sell the car, what steps are taken for this, what documents are prepared, and also how the car is rewritten to the new owner.

Rules for selling a car

Regularly, numerous amendments are made to the legislation related to the procedure for the sale of various property. Back in 2013, changes were introduced by the Ministry of Internal Affairs to the rules for reissuing a car after the sale. Therefore, every citizen should know how to sell a car on their own in accordance with all the rules.

Now, when selling a car, it is not required to deregister it. Therefore, it is transferred to the buyer together with the numbers. The basic rules of the process include:

• in order for the car to be registered to the new owner, you only need to make the necessary amendments to the traffic police database after the sale and purchase agreement is concluded withbuyer;
• in the PTS, data on the new owner must be entered in the "Special Marks" item;
• only after these actions are completed, a settlement with the seller occurs, for which money is transferred to the former owner;
• the previous owner gives the buyer the keys and documents for the car;
• next, the new owner is independently involved in the registration of ownership of the property.

With the help of the new rules, you can sell a car quickly and expensively, since the procedure for re-registration in any department of the traffic police on the basis of the current regulations should not exceed more than one hour from the moment the applicant submits the necessary documents.

If the old plates are of good quality and are not required by the old owner, then no new plates need to be obtained, which saves money for both parties to the transaction.

Documents for sale

Many people who want to change cars think about how to sell the car under a sales contract. The procedure is considered quite simple if you understand it well. To draw up a contract, you do not even need to contact a notary, as it is allowed to use a simple written form. The document is correctly filled out by both parties to the transaction, but it becomes legally valid only if there are signatures from the seller and the buyer.

Before it is safe to sell a car, the seller must prepare documents for this purpose. These include:

• PTS;
• passport of property owner;
• car registration certificate;
• OSAGO policy.

Only if you have the above documentation, you can fill out and execute the contract without any problems.

Rules for drawing up an agreement

How to sell a car under a sales contract? For this, the seller prepares the necessary documentation, and also fills out the direct agreement correctly. The following information must be included in the contract:

• information about the seller of the car, provided by his passport data, full name and place of residence;
• information about the new owner of the car, and if the car is purchased by a company, then its details are indicated;
• the time and place of the contract is prescribed;
• indicates the total cost of the car;
• gives the method by which funds are transferred for the car;
• information is entered on the period during which the car will be transferred to the new owner;
• it is written that there are no encumbrances on the car;
• lists all information about the car, and this includes its brand, color, model, year of manufacture and other data;
• indicates that both participants in the transaction were familiar with the characteristics of the car;
• at the end, the seller and the buyer are signed.

To reduce the tax base, many sellers reduce the cost of the car in the contract if the car was owned by them for less than threeyears. But in this case, there is a possibility that the buyer will take advantage of this situation, so he will pay exactly the amount indicated in the contract. It will be impossible to recover additional funds from him even through the court.

An agreement is drawn up in triplicate, since each participant must have his own document, and the third is transferred to the traffic police to register the car for the buyer. You can enter data into the agreement by hand or using a computer.

Where is the contract drawn up?

Many car owners are thinking about how to safely sell a car under the new rules. The process is considered simple and fast, but it is important to decide in advance where exactly the contract of sale will be drawn up. To do this, you can use the following methods:

• Appeal to a notary. This method is considered not too popular, expensive and complicated. Specialists work only on weekdays, and you will have to pay a lot of money for their services. This will result in a standard sales contract. The law does not require notarization of this transaction, so the services of a notary are considered superfluous. They provide no additional guarantees to members.
• Using a thrift store. For buyers, this method provides certain guarantees. If the car is sold not by the direct owner, but by his relatives or friends, then the buyer can protect himself. In this case, the car will be bought from a commissionshop. Due to the involvement of an intermediary, you will have to transfer high commission deductions.
• Attracting special intermediary firms. They provide services for drawing up a contract of sale for a small fee. If the seller is interested in how to safely sell the car, but does not have the knowledge of how to draw up this agreement correctly, then the involvement of professionals is considered the best solution. For such services you will have to pay from 500 rubles. up to 1 thousand rubles.
• Self-drafting of the contract. Most often, the parties to the transaction resort to this option. To do this, all information in the agreement is entered by both parties. In this case, you can save time and money, and at the same time you will receive a standard document that has legal force.

If you figure out how to properly and safely sell a car, then this process will be completed quickly and legally.

Is an act of acceptance and transfer being drawn up?

According to the law, only the existence of a sales contract is sufficient, but if the seller wants to protect himself from various unlawful claims from the new owner, then it is advisable to use the transfer and acceptance act in the process of providing the car to the buyer. This document confirms that the property has been transferred to the new owner.

How to sell a new car competently? For this, an act of acceptance and transfer is drawn up containing the following information:

• car specifications are given;
• indicate data on each participant in the transaction;
• the exact date and time is written when the car will be handed over to the new owner.

With the help of this document, the seller will be able to confirm that at a certain point in time he could no longer use the machine. This is due to the fact that the buyer is given 10 days to re-register the car. If traffic violations are committed at this time, fines will be sent to the previous owner. In order not to pay them, it is advisable to draw up this act. With the help of this document, it will not be difficult to challenge the fine in the traffic police, so it will be redirected to the new owner of the car.

How to sell a car?

Every car owner is interested in how to properly and safely sell a car. The procedure consists in the implementation of several stages at once. Only by following the correct sequence of actions can you understand how to sell a car yourself. The step-by-step instruction of the process consists of the following steps:

• the car is being prepared before the sale, for which minor repairs are made, and the car is also sent to the car wash;
• take bright and high-quality photos;
• ads are placed on various free sites;
• preparing documents for the car, which must be provided to each potential buyer for study;
• when calls are received, meetings are scheduled where buyers can inspect the presented car;
• ifif a buyer likes the car, then a contract of sale is drawn up;
• in addition, an act of acceptance and transfer is formed;
• on the basis of the drawn up documents, the property is being re-registered for a new owner;
• the seller receives funds for the car in a predetermined way.

If there is no opportunity and time to sell the car on your own, then you can sell it to special companies engaged in the resale of property. But most often, citizens are interested in how to sell a car on their own. The step-by-step instructions are simple and clear, so there are no difficulties with this process.

The nuances of keeping numbers

According to the new rules, numbers can remain with the new owner. If the seller wants to keep the numbers for himself, then he will have to pay a fee of 2 thousand rubles. for deregistration of the vehicle. After writing an application to the traffic police, only one month is given to search for a new car on which these signs will be put.

Only signs that are in good condition are sent for safety, and if they are erased or damaged, duplicates are created, so the citizen still has to pay the fee.

Can I use a power of attorney?

Many people interested in how to safely sell a car think about the possibility of using a general power of attorney for this. If this document is applied, then it does not transfer the righttrustee property. Other features of this method include:

• a power of attorney is drawn up for a maximum of three years;
• if the document does not contain information about the validity period, then by law you can only use the car on the basis of a power of attorney for one year;
• documentation ceases to be valid if it expires, if it is canceled by the trustee or the owner dies;
• on the basis of the document, you can only use the car, register it, undergo maintenance, deregister, change data in the traffic police or repair the car, but you can sell it only with the permission of the direct owner.

If the owner of the car dies, then the power of attorney is invalidated, so the heirs of the deceased will demand the property, as it is included in the estate. It is not advisable to use a power of attorney to sell a car to unauthorized persons.

How to protect yourself from deception?

Every car dealer wants to know how to safely sell a car. The transfer of money is considered the most important point, since fraudsters often use different schemes to deceive the seller. To make a safe transaction, the following nuances are taken into account:

• the contract must be drawn up correctly, so it must include information about the parties to the transaction, the characteristics of the car, the exact amount of payment for the car, and there must also be other essential conditions;
• if there are fears that counterfeit money will be transferred, then it is advisableuse bank transfers;
• if registration is performed by both parties to the transaction, then the funds must be transferred before the immediate process;
• you can not tell the second participant any codes coming from the bank, as they are confidential information;
• if the buyer insists on buying a car on the basis of a power of attorney, and therefore does not agree to a contract of sale, then it is advisable to refuse such a transaction.

Only with these recommendations in mind, you can understand how to safely sell a car. The transfer of money must be recorded officially, so a receipt is drawn up or funds are transferred to a bank account.

Tax payment rules

If a car is sold that has been owned by a citizen for less than three years, then personal income tax will have to be calculated and paid from the income received. The tax is 13% of the value of the car. To reduce this payment, you can use different methods:

• if there is an original contract on the basis of which the car was purchased, then 13% is calculated only from the difference between the purchase and sale value, and often there is no positive difference, so no tax is required;
• if the car was received on the basis of a donation or by inheritance, then the citizen does not have confirmation of expenses for the car, therefore, in this case, a tax deduction is issued in the amount of 250 thousand rubles, reducing the tax base,after which 13% is charged from the received value.

In addition to transferring tax, a citizen needs to form and submit a tax return to the Federal Tax Service. It shows the total value of the car, the income received and the direct amount of the fee.

Often, car owners indicate a lower value in the sales contract to reduce the tax base. This is considered dangerous for the direct seller, since after drawing up such a document, the buyer can transfer exactly the amount specified in the agreement. It will be simply impossible to challenge such actions.

Conclusion

Many people are interested in how to sell a car. The step-by-step instructions for this process are considered simple and understandable. To do this, it is important to prepare the car itself and the documents for it. The search for a buyer can be done independently or with the help of an intermediary.

It is advisable to use a standard sales contract to complete such a transaction. It is allowed to involve a notary, but the cost of his services is considered too high and unnecessary. Before registering a car, it is important to receive a predetermined amount of funds from the buyer. Taking into account many recommendations, you can make a deal not only quickly, but also safely.