Updated: 29.06.2018 3082

How not to lose your car after buying it for general power of attorney

Hello everyone, my name is Ilya and let's talk about how the purchase of a car under a general power of attorney should proceed, whether it is worth concluding such transactions today and how dangerous it is.

In I told you about the general power of attorney (GD) itself and about buying a car according to a scheme with its participation.

Now let's talk about buyers who are more vulnerable in such transactions and who are often unable to help even lawyers. After all, the loss of a purchased car, due to the legal inferiority of a transaction under a general power of attorney, is a very frequent occurrence in the practice of jurisprudence.

And a similar problem is observed not only in Russia, but also in Belarus, Ukraine and Kazakhstan, since similar legislation is used in almost all of the post-Soviet space.

But do not get discouraged! Many things in this world can be solved one way or another.

If you have already made a deal on the State Duma, not knowing how it was necessary, or in your case it was more profitable to buy transport that way, then the information from this article will definitely come in handy.

Pros: who needs it

In 2016, car sales and purchases using a general power of attorney continued to decrease in number, as in 2015 and 2014.

This is due to the well-known changes in the automotive legislation from 2013, after which the (MP) became much simpler and sharply increased in popularity.

Well, judge for yourself: now you, if you wish, can buy a car without deregistering, with native numbers, concluding free-form DCT anywhere, without the presence of official supervision and approval. Who else will need GD deals then? That's right, few people!

But someone still needs them, since they still have not become obsolete. Let's see who it could be:

• Some people with a very tight time schedule who need to arrange everything quickly so as not to miss a profitable option, and then, usually within a month indicated by the seller in the State Duma, re-register the car for themselves ();

• Cases when a car is not a criminal one, but it is impossible to sell it under monetary policy due to various reasons (for example, inconsistency of data in the documentation with the data on car markers);

• Attempts to save on taxes and fees. Although this is a very dubious economy, if transport is purchased in the lowest price range, then this reason may have some logical justification;

• Acquisition vehicle (TS) in the “sobbed” segment, where the form of acquisition, and sometimes the very presence of a complete package of mandatory documentation, is not critical (transport for driving in places where there is no traffic police, for disassembly, etc.);

• And of course, the segment of cars with a criminal or near-criminal past. Those who want to buy such cars, knowing in advance that not everything is clean with them, oddly enough, is quite enough. People, of course, are tempted by the price of such deals and they hope for a chance. Naturally, there is the highest percentage of autocrime.

Cons: what risks do you bear

Well, there are more than enough minuses here and only the most meticulous lawyer will probably be able to collect all of them in full. I will try here to list the most relevant, common and most pernicious.

But before that, you must understand one most important legal detail in this case, on which all the riskiness of transactions under the state tax is based.

Owner and owner

The fact is that in jurisprudence the concepts of "owner" and "owner" are strictly differentiated and are not synonyms, as is the case in the popular lexicon.

• The owner is a physical or entity, which has full rights to something, according to the main documentation for it;
• An owner is a natural or legal person who has a certain set of rights in relation to something, established by the owner for a certain period.

Chevrolet Tacuma / resso / Vivant /, President Yushchenko and a huge guy who seemed to me Klitschko

That is, the owner has full and exclusive power over his property, confirmed by the original documents.

And the owner can only have conditional power over the property of the owner, confirmed by a document from the same owner. Sorry for the pun.

In our case, a general form of power of attorney (with the right to sale and transfer) is used with car transactions, usually giving extended rights to the car to the owner, according to which he becomes a kind of pseudo-owner. Or almost the owner, in other words.

It is this "almost" that is the cause of many risks to the new owner of the car. After all, it may sound like a revelation to you, but in the Civil Code (GKRF) in the paragraphs about the power of attorney there is no such term "general".

There are many types of all sorts of powers of attorney with legal names, but it is the State Duma that is simply the "artistic" name for a power of attorney with extended powers.

List of risks arising from a trustee - a car owner

I repeat that this list does not reflect all sorts of particular nuances that any legal perversion inevitably generates, and the sale and purchase transaction under the State Duma is exactly that, fulfilling the role of such a "popular alternative for the lazy"

• Your principal, if he suddenly so pleases (for example, after a liter of vodka: x), can take and write another DG to a completely different person. The presence of a car under the nose is not required at all for this "sacred rite". And a trusted person, that is, you, may have serious problems if a new trusted person decides to take your car from you, because your power of attorney is automatically canceled by the newly issued one (more "fresh" from the owner's hand);
• Well, it goes without saying that the "true owner" can at any time cancel his GD to the principal, without giving reasons and notifying you;
• The State Duma necessarily has a time bomb - a time limit. If this period is not of a near-cosmic scale, then it may well end and often with zero prospects for its extension due to the inaccessibility of the owner (for example, he left for Israel, is hiding from the police, disappeared, passed away, or got a serious certificate from a mental hospital: smile :);
• And also, if, God forbid, trouble happens to you (you end up in a psychiatric hospital or join the majority), then not your relatives will have legal rights to the orphaned car, but guess who yourself;
• If the principal was a legal entity, for example, LLC "Horns and Hooves" and then it threw back these hooves (was liquidated), then, as they say "horns in the water" - there is no one to look for and turn to, there is not even a grave: smile :;
• And the funniest thing: if you sell a car, and the owner finds out about it and decides to take money from you (well, for example, over the years he has evolved into an alcoholic and he really, really needs them to "cure": smile :), then this he may well succeed.

And there are also some "little things and" inconveniences ":

How to properly purchase a car under a general power of attorney

So, you have familiarized yourself with all the risks present in the transaction under the general power of attorney and remained confident that this cup will pass you. You are a real harsh Slav. Then get down to business!

And here, as mentioned above, the cat cried - the very procedure for such a purchase is really very simple and quick.

If the owner has a power of attorney prepared in advance, certified by a familiar notary, and this sometimes happens, then the owner will only write you into it and into the insurance policy, put the date and the trick. You can pay for the car, pick up the keys and documents and leave.

But most often both pieceworkers go to the notary's office and there, on the spot, a state document is issued for you, which is also not long. However, this is in the event that you use any commercial offices with a low client flow. Otherwise, you will need to call and clarify the time of appointment.

Well, prices can also be guided by - they can vary significantly. Only this does not mean that you have to agree to go with the owner to some suspicious apartment on the ground floor because of the very low cost of services. These could be crooks associated with your "owner" selling you a stolen car, or worse.

The notary office must be authentic and credible in all respects.

From you personally, from the documents, only a passport or passport data is required and nothing else. The notary will fill in the required fields of the power of attorney himself, and you will not even need to sign.

But this only applies to the State Duma, and you still, if you already have a couple of free minutes, you should insist on the following:

• Drawing up an act of acceptance and transfer of a car (it can be drawn up independently of the DCT) - this document is more useful to the owner, but it will also be useful to you in court, if such a need arises;
• Drawing up a financial receipt is a standard receipt for receiving funds, indicating all the data of both parties and the subject of payment (car), which can really help you out in case of force majeure.

Attention! If the power of attorney is canceled for any reason and the owner is physically unavailable for its renewal (died, disappeared, mentally ill, left for permanent residence far abroad), you can, through a court decision, approve the ownership of your car on the basis of a financial receipt, which in In this case, it will be recognized as a free form of monetary policy, which is not prohibited by law.

That is, you understand - the owner's receipt for receiving money from you, only a detailed receipt with all the data (his, yours, cars) can serve as a sales contract if the court approves it in this capacity.

The court has few objective reasons not to do this - the DKP can be drawn up in a completely free (and even oral - in the traffic police) form. What is the receipt, indicating everything and everyone and with all the signatures, is not a DCT for us? Just by name - that's why a court decision is needed.

Make all these documents (act and receipt) in duplicate. If the owner refuses his copies, then take everything - it will be useful.

Well, and, if possible, it is better to re-register the car as soon as possible into your full property.

In conclusion, watch this video, where lawyers clearly and cheerfully talk about solving problems associated with a general power of attorney:

• Do not forget the fact that it is the owner, not you, who will receive receipts for road tax, as well as receipts for fines from robotic systems for fixing traffic violations.
• If you have an accident with obvious not your fault, and the perpetrator refuses to compensate for the damage, then you can force him to do this in court only if there is a special judicial power of attorney from the owner of the car - without it statement of claim will not be accepted.
• You should know that even though the State Duma is notarized, there are fewer difficulties in forging such a document than in counterfeiting, say, a PTS (vehicle passport). Therefore, carefully check not only the data of the owner and the car, but also of the notary and his office.

Conclusion

Well, we have figured out what's what, with the purchase of a car under a general power of attorney. The main conclusions here are:

• The buyer has a lot of risks when buying a car at the State Duma;
• Such transactions are best done as an exception rather than a rule;
• During the purchase process, you should definitely stock up on additional documents confirming the purchase and sale: an act of acceptance and transfer and a financial receipt.

Did you buy a car with a power of attorney gene after the law was passed that made its use rare? For what purposes did you need it? And in general, did the gene bring you. power of attorney problem? Tell me and the others about it in the comments.

It will be very interesting and useful for us to find out, especially how you solved the difficulties that arose. If I like the text, then I will add it to the article, indicating your authorship: cool :. You will be famous, if not against, of course.

As of today, I'm rounding up, going to have tea and waiting for your comments on the article with reviews and questions. Do not forget to spread useful knowledge in Runet through buttons social networks, and so that you are always aware of the news from my blog, subscribe to its updates - it is actually very convenient!

Be active and cheerful. Bye!

More on the topic:

Comments on the article: 12

Yulich

11.03.2017 | 06:57

Thanks for the advice! Please tell me, in the case of a car, the subject of the claim and the jurisdiction of such a case. Thanks!

Sergei

08.08.2017 | 14:24

Hello Ilya. I am interested in purchasing a car from Belarus by proxy. Need a specialist for legal support transactions. Could you recommend one if you know? Thanks.

Best regards, Sergei.

Anton

25.01.2018 | 20:27

I buy myself a Honda Civic on Avito about a year ago. I was not mistaken with the choice of a car and an Internet site. I have no questions to the seller. I am very pleased with the car. Of all the cars I've owned, this one is the coolest. During the operation, although it is rather short, I did not find a single breakdown. I even taxed for a couple of months and everything was fine. I wish everyone such good shopping as mine)

Maria

One of the types of car sales is the so-called sale of a car under a general power of attorney. What do you need to remember about this document? What are the disadvantages of using it?

A general power of attorney differs from a simple one as follows:

• issued by a notary;
• on it you can not only use the car, but also sell it without the owner.

What is a general power of attorney for?

This is a document that gives the authorized person the right to perform such actions with the car.how to: manage, remove and register in the traffic police department, insure the vehicle, carry out its technical inspection, change the number units, dispose of, sell.

There is a standard form (forms) for issuing such a power of attorney. The document should contain:

• Date in words, place of preparation of the document.
• All surnames, names, patronymics without abbreviations.
• Place of residence of the representative and the represented.
• A detailed description of the powers that are being transferred.
• Is it possible to delegate authority.
• Car parameters (brand, color, license plate, VIN, engine number, year of manufacture, body number, series, as well as the number and date of issue of the title and registration document, the name of the authority that issued them).
• Validity in words (up to 3 years).

The main operation for which the general power of attorney is applied is the purchase and sale of a car. Previously, this operation reduced costs. Now it is possible to sell vehicles even without deregistration, and therefore using a simple sales contract is better in all respects.

At the same time, the transfer of the car under a general power of attorney will not be a sale from a legal point of view, since the owner of the car remains the same person who wrote out this document. In addition, there is no such concept - a general power of attorney - in the Civil Code of the Russian Federation, there is only just a “power of attorney”. Who pays sales taxes when selling a car under a general power of attorney?

Since the transfer of a car under such a power of attorney is not a sale, there is no need to pay tax on the sale of a car that a person sold. Moreover, if the trustee is not going to sell the car for three years, then there is nothing to worry about at all. If he sells the car, then it is reasonable to ask him to warn about this so that you can file a declaration on time.

What are the disadvantages?

For buyers are relevant following disadvantages purchasing a car by proxy:

1. It can be revoked by the seller at any time. The buyer will then be left with nothing.
2. In the event of the death of the seller, ownership automatically passes to the heirs and not to the buyer.
3. Upon the death of the buyer, the ownership remains with the seller.

There are also disadvantages for the seller:

1. The car remains in the ownership of the seller until the buyer puts the car on record with the traffic police. Along with this, there remains the obligation to pay taxes (that is, the person seems to have sold the car by proxy, but will pay taxes).
2. When violation of traffic rules a receipt for payment of the fine will come to the owner, with the participation of the car in an accident, when the driver fled from the scene of the accident, it is the owner who will be presented by the police officers.

What's wrong with a general power of attorney?

The car will be registered with the seller, which means that it is he who bears full responsibility for him and the obligation to pay taxes (article 357 of the Tax Code of the Russian Federation) too. Cars sold this way are not always deregistered. What to do?

This means that the owner needs to find a buyer, which is difficult (maybe the car has already been sold to someone else), or write off the car to the traffic police. The second thing to consider is that according to the Tax Code, the owner of the car is obliged to submit to the tax office a tax return on the car indicating the sale price. The amount of tax (and in general its presence) depends on the price and time of ownership of the vehicle.

And how to do this if the car was sold not by the owner, but by his authorized representative by proxy?

Current topic of taxation

When selling a car under a general power of attorney, taxes are a special topic. This question constantly arises from the owners.

For example, the car was sold by proxy about 10 years ago. The owner no longer considers the transport to be his own, and throws away all receipts from the tax authorities. And at one point the case is referred to the court, which makes a decision to collect the tax according to the law of the Russian Federation.

The bailiff imposes a restriction on the removal of the vehicle from the register. The person receives a court decision. When the thought comes to understand what is happening, it turns out that the car has not yet been taken off the register and tax must be paid for it.

It will not work to write off it, since there is a restriction on the removal of the vehicle from the register. And the bailiff will legally send the negligent to pay taxes, and then he will remove the restriction.

Buying a car by proxy, a person becomes only the owner, not the owner. And in fact, all rights to transport remain with the previous owner.

And he can do whatever he wants with the car, or simply revoke the power of attorney and demand a return. The buyer has no right to re-register the vehicle. The owner can challenge this in court.

What to do when selling a car bought by proxy?

1. Write a statement to the traffic police on behalf of the owner to deregister the car in connection with a future sale.
2. After that, draw up a sales contract with the buyer or a certificate invoice.
3. The car is now considered the property of the buyer.
4. From this moment on, you can feel calm.

However, it is best to use not a general power of attorney, but a regular vehicle sale and purchase agreement. This will save both sides a lot of problems. Moreover, today it is possible to issue it without removing the vehicle from the register with the traffic police.

You will need

• - The passport;
• - documents for the car;
• - car;
• - vehicle owner;
• - money;
• - a notary.

Instructions

When purchasing a car on, remember that you do not automatically become the owner of this vehicle. By standards, you are just a person who can legally use the machine for a certain amount of time. Although you give enough for it a large number of own money. If this option suits you, then go with the owner of the car to the notary in order to issue a power of attorney.

You will need a passport to complete all the necessary documents. The owner of the vehicle is obliged to provide his set of papers, including an identity card (all the same passport), technical certificate car and the so-called "blue". Based on all the data he has, the notary draws up a power of attorney, which the owner of the car signs and transfers to you. Now you can use this vehicle legally. Only this form you will have to always carry with you so as not to violate Part 1 of Article 12.3 of the Administrative Code (management of the vehicle confirming the right to own it). For an offense, your car may even be confiscated and sent to a penalty parking lot.

Compilation occurs either after you give the money for the car to the owner, or just before you give it away. If the owner of the car is yours - a good friend, and you trust him, then you can pay for the car before the paperwork. If the person is not very familiar to you, then you should not risk it. In any case, it is best to ask the seller for a receipt stating that he received the money from you and has no complaints. This will minimize the potential for problems.

Remember that buying a car with a general power of attorney is a big risk. First, the owner remains the one on whom the car is officially registered. And this means that at any time he can revoke the power of attorney and recall his car from you. Naturally, without refunding the money. Secondly, in the event of the death of one of those indicated in the power of attorney, the car can also be easily lost. If the owner dies, then according to the law on inheritance, his heirs take over the rights to own the car. And they did not conclude a power of attorney with you, so they can easily confiscate the car from you.

In the event of the death of the buyer, his heirs can count on the ownership of this car only in that situation if the owner is an extremely noble and decent person and agrees to re-register the vehicle for them. You can also lose "your" vehicle even if the owner has any debt obligations to the state. If they are not paid, all the property of the debtor is seized, including your car.

To begin with, let's explain what a general power of attorney is.

A general power of attorney is a document that gives the authorized person the right to dispose of property that is of material value in any way. It is important to remember that a power of attorney is issued for a specific property, for example, to a certain house, which is located at a certain address.

Having issued a power of attorney for someone, you DO NOT SELL his property, but only GIVE THE RIGHT to dispose of it. A general power of attorney (as a document) does not record the fact of buying and selling a car, but only gives another person the right to dispose of it, also leaving him the right to entrust or resell the car.

It is worth distinguishing a general power of attorney from an ordinary power of attorney. A regular power of attorney gives the right to use the car, but does not give the right to sell or renew the power of attorney.

So, you cannot sell a car or buy it under a general power of attorney, you can only issue the right of ownership of your car to another person, however, he is not obliged to transfer you any cash ... However, for the convenience of perceiving information, hereinafter, instead of “write a general power of attorney for a person and then receive money from him”, we will use “sell (buy) a car under a general power of attorney”.

How to sell a car by gender

How to sell a car under a general power of attorney? First you should visit a notary, because the general power of attorney is notarized. Since the power of attorney is a transaction of one party, you do not need to take with you the person for whom you are issuing the power of attorney. For registration you need knowledge of the data of your car (identification number, etc.). The power of attorney form is available from the notary.

The maximum period for which a power of attorney is issued is 3 years. The standard is usually one year.

If the term of validity of the power of attorney is not specified or if the period exceeds 3 years, the power of attorney is considered invalid (in accordance with Article 186 of the Civil Code). Also, a power of attorney that was written by hand and not certified by a notary is considered invalid.

From this we can deduce two disadvantages of the design of gender trust:

• Notary services are paid;
• Registration can be delayed, since sometimes it takes a considerable time to get an appointment with a notary.

Not so long ago, selling a car under a general power of attorney was the least expensive way for a seller to sell a car, since a preliminary one was required for sale, however, from October 15, 2013, it became possible to sell a car without prior deregistration, after which the sale by gender has lost its relevance.

Than it can threaten

Here we will consider the main disadvantages of this operation for the buyer and the seller.

For the buyer:

• Buying a car by gender, you do not get it, that is, the owner can terminate the power of attorney and legally oblige you to return the car to him, after which you will lose money and the car;
• If a car is banned from passing MOT by bailiffs, and you do not know this, then arriving at MOT you will be unpleasantly surprised. Next, you will need to demand payment of debts from the owner, so that the ban was lifted, but not always the owner will meet you halfway. Or you can pay the owner's debts yourself, dooming yourself to additional financial expenses;
• Upon the death of the owner, the power of attorney is immediately automatically canceled, and the right of ownership immediately passes to the heirs of the owner;
• Upon the death of the buyer, the general power of attorney is also canceled, but the ownership remains with the seller.

For the seller:

• Because when issuing a general power of attorney, you remain the owner, then the responsibility for violations remains with you. All fines will come to your address and you will have to pay (according to the law). In addition, if the buyer, the police will come to you with the words “Citizen, why are you hiding from the place, it’s not good”. Transport tax you must also pay;
• If a trustee sells a car, in accordance with the law (as the owner), you are obliged to appear at the tax office and indicate the sale price, but you may not know this if the buyer does not inform you. You will have to go to him and demand information that he may not provide (did not remember or simply did not want to).

Now let's consider the advantages of selling a car under a general power of attorney.

This option is the most acceptable, if the buyer has problems with the law, that is, his property can be arrested, etc. In this case, the next day after the purchase, the buyer draws up the right to own the car FULLY passes to the relative, who in turn draws up gender attribution to the buyer.

Now the car is owned by a reliable person close to the buyer, and the buyer still has the right to dispose of the car.

This concludes the list of pluses. Besides, three main situations should be mentioned when you need to definitely REFUSE A PURCHASE car by gender:

• The car is sold under (at least) a second power of attorney. That is, the seller received a power of attorney from the person to whom the owner of the car gave the power of attorney. In such a situation, any of the powers of attorney can be easily revoked, and besides this, a bunch of subtleties and nuances arise, from which problems may appear that, we are sure, do not need at all. He also has the right not to recognize the transaction and refuse to register the car;
• The car is currently registered in another city or country. In this case, you will have to visit the place of registration.to remove it from the register, and if there are problems with the car (credit, wrong passage of customs), then their solution will turn into a real disaster for you;
• The power of attorney is not certified by a notary. This kind of transaction is a type of fraud, remember that a general power of attorney that is not certified by a notary is NOT legally binding.

If you are asked to sign an unauthorized power of attorney when making a purchase, arguing that “come on, it’s okay,” “but then we will issue, sign the main thing,” then this is 100% fraud, in no case do not enter into such transactions.

Summing up, I would like to say that the general power of attorney has much more disadvantages than advantages. Therefore, buying or selling a car under a general power of attorney is highly discouraged. It is much more convenient and easier to conclude a regular sales contract, the risks in which are much less.