The purchase and sale agreement is the most popular and widespread form of consensual contractual relations, which has deep historical roots and a long history dating back to the times of Roman law. Consensual contracts are those contracts that, as the only condition for their conclusion, require only certification of the consent of the parties. A purchase and sale agreement can be considered any documented agreement between the parties, according to which one of the parties transfers some property to the other party, who undertakes to accept this property and pay its agreed price.
Why do you need a purchase and sale agreement?
The main purpose of a purchase and sale agreement is to transfer ownership of a thing, which in the contract acts as a commodity, from the seller to the buyer for a fee established by the parties by agreement. This allows us to talk about classifying the purchase and sale as compensation agreements, and since only two parties necessarily participate in it, then this type legal documents can be considered bilateral. Under sales contracts, goods, property and property rights are subject to transfer of ownership to the buyer from the seller. There are also options for so-called “futures” agreements, when the subject of the contract does not yet exist, that is, rights to property that has not yet been received or products that are expected are transferred. If we talk about such transactions focused on future circumstances, then the purpose of the purchase and sale agreement can be considered to be that the buyer receives the prospect of an exclusive right to purchase the goods, possibly at a more favorable price.
IN modern world buying and selling has become the most important process business relations between people, and a civilized form of relationships requires documentation of contractual relations. In countries with a market economy, the mechanism of purchase and sale has become the basis not only of business or trade, it also forms the basis of commodity and property relations between citizens. The desire to preliminarily and document, stipulate and legally certify the terms of the transaction is quite natural. It can be considered as a developed method of modern relations, which allows you to avoid many problems after the full or partial implementation of the transaction.
Purpose of the contract from the buyer's perspective
From the buyer’s point of view, the purpose of the purchase and sale agreement is to ensure the receipt of the thing he needs into his possession and economic use. The only fully effective means of fulfilling the buyer’s tasks from a legal position is to obtain ownership of the thing through official means. The purchase and sale agreement gives the buyer the legal right of ownership of the item or product - of course, if the buyer fulfills the conditions specified in the document. Thus, the purchase and sale agreement is a title document that can serve as proof of the owner's ownership.
In relation to the seller, the purpose of the purchase and sale agreement can be considered to be the receipt of monetary compensation for the transfer of ownership of the thing or the thing itself into the ownership of the buyer. A prerequisite for concluding such a transaction is the establishment of the seller’s ownership of the thing at the time of concluding the purchase and sale agreement. Documents or certified copies thereof establishing the seller's prior title to the agreement may be included as appendices to the document. The buyer under sales contracts can be any legally capable person.
Terms of agreement I
Based on the purposes of the purchase and sale agreement, it is easy to determine which terms in agreements of this type will be the most significant. From taking into account all the necessary and important details the transaction depends on a lot of situations, in connection with which the parties may or may not be liable for different situations. First of all you need:
- accurate determination of the quantity of goods;
- detailed list of assortment;
- specific identification of the goods or a clear description of the property rights to be transferred under the terms of the agreement.
Second important element deal includes:
- the price of a thing, goods or rights to property;
- the most accurate procedure for determining the value of the contract (if the price is unknown).
The amount of remuneration, as well as the forms of its determination, must be given special attention. The third key element of the purchase and sale agreement is the terms, and we are talking about both the terms of delivery of the goods and the terms of payment under the contract. The content of the agreement may also regulate other no less important deadlines, for example, the duration of the contract, the period of acceptance of the goods, etc.
The details of the transaction can be defined in great detail in the document itself or in appendices to the contract, often called specifications. When concluding transactions, which are accompanied by the execution of sales and purchase agreements, it is necessary to remember that all conditions and details omitted from the text of the document will be subjectively considered during possible arbitration. It follows from this that the purpose of the purchase and sale agreement can be the need to detail the terms of the agreement. Which, of course, reduces subsequent conflicts between the parties to the agreement to nothing.
Starting from 2014, the law no longer requires that a car purchase and sale agreement (ASA) be certified by a notary. This gives more freedom to car enthusiasts: now it is possible not to spend money on legal services, but only download and print copies of the agreement.
Contacting a professional lawyer to draw up an agreement can cost a pretty penny, especially if the amount of services is not fixed, but is a certain percentage of the purchase price (usually 1–2%).
That is why it is important to know how to correctly draw up a car’s written contract - such a skill will definitely allow you to avoid unnecessary expenses.
Why do you need a purchase and sale agreement:
Purchase and sale agreement form 2017
Today, the car purchase and sale agreement is the main document regulating the transfer vehicle(TS) to another owner. However, despite this, regulations The exact form of the document is not provided. The procedure for registering the purchase and sale of a car is established by the Civil Code (Civil Code) of the Russian Federation, namely Article 454, which states that the preparation of a car policy is mandatory. Therefore, you should pay close attention to the design of this document: despite the absence established form, the contract may also be declared invalid if, for example, it lacks certain data (for example, details of a technical passport).
To issue a DCP, it is necessary to provide the following documents:
1. Individual:
- passports of persons entering into a transaction;
- technical passport of the vehicle;
- certificate of registration with the traffic police;
- individual vehicle registration number;
- (if the seller is not the owner of the car, but only makes a transaction on his behalf).
2. Legal entity:
- identity documents of the parties entering into the transaction;
- technical passport of the vehicle;
- power of attorney issued by an organization to an individual, authorized to represent the company (the amount of the transaction must appear in the power of attorney);
- vehicle registration number.
The seller must also have a MTPL coupon in his hands, even though after a change of owner he has to purchase new insurance. You need to buy a new OSAGO coupon immediately after purchasing a car; driving an uninsured car is illegal.
You can draw up a contract for the purchase and sale of a car manually, or you can download and print a ready-made form by finding it on the Internet - the parties are not limited in the methods of drawing up the contract. Regardless of whether the policy is printed or handwritten, it is valid. Three copies must be printed: one for each party to the transaction and one more for submission to the traffic police.
Download the current 2017 form of a car purchase and sale agreement in Word format:
- download (Word, 39 kb)
- download (Word, 36 kb)
It is also important to ensure that the downloaded contract contains data such as:
- details of the technical passport (date of issue and issuing organization);
- year of manufacture of the car;
- purchase price;
- individual characteristics of the transaction.
It is necessary to ensure that the car purchase and sale agreement is drawn up in as much detail as possible in advance: if corrections or additions to the form are made after signing, the agreement will most likely be declared invalid.
It is necessary to register a car to the new owner after all formalities have been completed - this is stated in Order No. 1001 of the Ministry of Internal Affairs.
How to correctly fill out the purchase and sale agreement form in 2017?
There are several basic rules that must be strictly followed when filling out:
- Avoid empty columns. The empty space must be filled with a simple dash (if there is one line) or a dash in the shape of the letter Z (if there are several lines).
- Don't leave paragraphs. Compliance with this condition is necessary so that the second party does not have the opportunity to add additional information.
- Provide as accurate information as possible. Lack of information may lead to the agreement being recognized as incorrectly executed.
The agreement should be drawn up step by step according to the following algorithm:
- In the left corner you must write the date of execution of the contract, and in the right corner - the locality where the transaction is being made. This requirement for registration is imposed by the Civil Code. After this, you need to start entering passport data and other details of the parties.
- The next block contains the car’s data, namely information about its license and registration numbers (if the property changes hands without deregistration). The purchase amount must be written down in both letters and numbers. Here it is advisable to register the form of payment (cash, bank transfer) and indicate the fact that payment is transferred in parts, if this is the method used.
- Next, you need to indicate the time and place of transfer of the car, if it does not occur on the day of execution of the car purchase and sale agreement. It is also necessary to mention all property transferred along with the vehicle, which may include:
- documents for the car;
- additional equipment (for example, a radio or car alarm);
- additional items (a set of winter tires or a warning triangle);
- various keys or key fobs (for example, keys to a mechanical hood lock or car alarm key fob).
If you treat this point negligently, you may receive an empty trunk on the day the car is handed over, although according to the documents it will be listed as full.
- Finally, you need to check whether all the data has been entered correctly. It is best if the contract form is accompanied by an act of transferring the car with approximately the following content: “I, full name, confirm receipt of money in the amount of ..., I have transferred the car into possession of the buyer.” It will be great if two witnesses can sign the transfer act: in the future, this can help avoid all kinds of disagreements and disputes if, for example, the car turns out to be faulty.
- The buyer should indicate the name of the new owner in the title, since the vehicle is currently being sold without deregistration.
Video with the rules for filling out a car purchase and sale agreement:
A few more nuances that are important to pay attention to when buying or selling a car in addition to the purchase and sale form
- You should not refuse the help of a specialist or simply a person more competent in cars or legal matters. When purchasing, you need to be attentive to details, and this is not always possible without experience.
- If you purchase a car with gas equipment, the seller is obliged to present the relevant certificate. Otherwise, it will be impossible to register the car until the equipment is dismantled.
- It is necessary to take into account other obstacles that may prevent the buyer from registering the car. For example, if the car is wanted or is pledged. Therefore, before concluding a deal, you need to inquire about the VIN number of the car. You can find out about the restrictions on registering a car with the MREO by visiting the portal of the State Traffic Safety Inspectorate of the Ministry of Internal Affairs of the Russian Federation, and the collateral history on the website reestr-zaloqov.ru. If the car is not found in the listings, the buyer can feel calm.
- The seller has the right to ask his car insurer for a recalculation so that the remaining insurance funds after the surcharge are transferred to the new car.
- There is no need to contact dubious car dealers. If you lack confidence in your own competence, it is better to prefer regional car dealerships, whose specialists are interested in really helping the buyer in choosing and giving competent advice. When purchasing a car in such centers, the buyer can use qualified technical service.
Signing a purchase and sale agreement is the simplest and most convenient way transfer of a vehicle that does not require legal skills (after all, a sample can be found on the Internet) and spending money (there is no need to certify it with a notary). The conditions for purchasing a car in 2017 have not changed at all compared to the previous one, so you can safely start choosing a new car without being distracted by legal subtleties.
We conclude a car purchase and sale agreement
We are almost constantly selling or buying something. Of course, most often we purchase products that are relatively inexpensive. That is why, if we mistakenly choose spoiled cheese, we most likely will not grieve about it for long. But when mistakes and misunderstandings arise, for example, when buying or selling a car, the matter takes on a very serious turn, because quite a lot of money is involved. What does a person who is going to buy or sell a car need to know? What is affected by a car purchase and sale agreement during the transaction process, and can it take place without its conclusion?
What is a purchase and sale agreement?
A vehicle purchase and sale agreement is a document regulated by the Civil Code Russian Federation Chapter 30 (chapter called “Purchase and Sale”). This agreement, on the one hand, obliges the seller and buyer to act within the framework established in the agreement, and on the other hand, documents the fact of transfer of the car from the seller to the buyer. In this case, the buyer, under the terms of the contract, undertakes to give a pre-agreed monetary reward for the purchase of the car. And the seller will have to transfer to the new owner not only the vehicle, but also all the accompanying vehicle model and documentation described in the contract.
What documents are required to draw up a car purchase and sale agreement?
To draw up a purchase and sale agreement, the following documents will be required:
PTS- vehicle passport. It must contain a note from the traffic police about deregistration for sale or alienation. If a car purchase and sale transaction is completed within one region, it is not necessary to deregister the vehicle - when registering with the traffic police, the registration data will be changed.
Seller and buyer passports
If the seller is not the owner and is not included in the PTS, a power of attorney is required from the owner of the vehicle to carry out transactions with this car. If the buyer does not intend to become the owner included in the PTS, a power of attorney is required to purchase the car from the person who will become the new owner.
After signing the purchase and sale agreement, an entry in the PTS is filled out, both parties (the previous owner and the new owner) sign, then the necessary stamps will be affixed to the traffic police and you will be able to register the car.
VEHICLE REGISTRATION
To receive the state traffic police service, you need to contact one of the addresses of the state function with a package of documents necessary for specific administrative procedures.
List of what you need to prepare for visiting the traffic police.
Change of registration data in connection with the transfer of ownership of a motor vehicle
- Statement of the established form on changing registration data in connection with the transfer of ownership of a motor vehicle
- Identity document
- A document certifying the applicant’s authority to represent the interests of the owner of the vehicle (if any)
- For legal entities- extract from the Unified State Register of Legal Entities (provided by the applicant on his own initiative)
- Vehicle passport
- Vehicle registration certificate
- Documents certifying ownership of the vehicle
- Insurance policy of compulsory civil liability insurance of the new owner of the vehicle (except for cases of registration car trailer)
- A document confirming payment of the state fee for registration actions related to the issuance of a vehicle registration certificate, for making changes to a previously issued vehicle passport, and when replacing registration plates - for registration actions related to the issuance of registration plates (provided by the applicant on his own initiative)
- Vehicle
In the event of a change in the owner of the vehicle, it is mandatory to draw up an appropriate vehicle purchase and sale agreement - the only document today confirming the transfer of ownership rights. Previously, it was necessary to issue a numbered form and a certificate-invoice, and accordingly, the transaction required more time.
Legislatively, the principle of drawing up a DCP - a purchase and sale agreement for various vehicles: cars, numbered units, trailers, tractors is not clearly regulated. Simple is acceptable written form execution of an agreement with mandatory compliance with the requirements of the traffic police, which is fundamentally important for the buyer, who will need to register the purchased vehicle with the traffic police. The document is valid from the moment the parties put their signatures on it. When drawing up a DCT through a consignment store, it is necessary to draw up two agreements, including a commission agreement concluded by the seller and the commission agent. Both options will be discussed below.
What documents are needed to draw up a contract for the sale and purchase of a car?
From an individual seller:
- Passport
- Notarized power of attorney for the right to sell (if the seller is not the owner)
From the seller of a legal entity:
- Passport of a representative of a legal entity
- Certified by seal and signature general director and the chief accountant, a power of attorney from the organization indicating the cost of the vehicle
- Vehicle passport
- Vehicle registration certificate
What the seller and buyer should pay attention to when completing a purchase and sale transaction, you can read in our section the nuances of buying a used car
The purchase and sale agreement is drawn up in three copies, which are provided to the buyer, seller, and also to the traffic police for registration. It is advisable to print it in a larger number of copies (for example, another copy to the seller to provide tax office). If there are blank clauses or lines in the contract, they are filled in with a dash. The cost of the vehicle is indicated in numbers and words. The document also indicates the exact date of transfer of the vehicle to the buyer.
According to the administrative regulations that came into force on October 15, 2013, the previously required deregistration and receipt of transit license plates is not a prerequisite for concluding an agreement. Participants in the transaction also do not need to contact a notary to certify the car purchase and sale agreement.
