What should you do if you bought a car and it ended up being scrapped?

What does a scrapped vehicle mean under the 2021 law?

There have been 2 important changes in the legislation on vehicle registration and our discussion question, which have completely updated the answer to the main question.

In mid-2021, Order No. 605 on the provision of the relevant public service was changed, as a result, a disposal certificate is now required. Thus, if before the changes a car, motorcycle or other type of vehicle could be disposed of after the fact: first deregistered by the traffic police and then destroyed, then according to the new law, the car must first be scrapped, having received a certificate of disposal, and only on the basis This document will deregister her. And according to the law, such a scrapped car cannot be restored for the simple reason that, in fact, something other than recycled metal has already been made from it.
At the end of 2021, Order No. 399 on the procedure for registering cars came into force, which in a new way prescribes the procedure for restoring and registering such cars. And it is he who gives the answer to the question of whether it is possible to restore the documents of a car after disposal along with its license plates, including without the owner.

What problems might arise?

Registration of a scrapped vehicle may be refused for several reasons:

the vehicle was disposed of under the state program. That is, they received money for it or a discount for the purchase of a new car. Such offers are extremely rare on the market and are fraudulent;
it is impossible to find the owner who initiated the scrapping procedure. In this case, it will be possible to restore registration only through the court, no earlier than six months later;
on all points from Order of the Ministry of Internal Affairs No. 1001, these include: the presence of forged documents or an incomplete set of them provided to the MREO;
unreadable, interrupted or VIN numbers on the body, frame or engine that differ from those indicated in the title;
the presence of modifications in the design that were not provided for by the manufacturer and have not been certified for safety;
the presence of other problems with the legal purity of the car - theft or the presence of encumbrances.

Some of these reasons can be resolved and you can contact the MREO to try again to register.

It is impossible to restore a vehicle disposed of after July 10, 2021. In fact, this car shouldn't exist since it was dismantled and scrapped. If the seller offers just such a car for restoration, then there is a high probability of deception on his part.

Can it be restored today?

Yes. Can. As we indicated above, the new Order No. 399 makes it possible to restore the registration of a car if it was deregistered on the basis of disposal, but in fact remained intact and functioning.

We are talking about paragraph 18 of the new law, which says the following:

18. Registration of a vehicle after its termination is carried out:
…
in relation to a vehicle that has not actually been disposed of, the registration of which has been terminated due to disposal, on the basis of confirmation of credentials at the place of last registration of the vehicle (if there is information about a previously issued PTS, electronic passport);

Why was this clause introduced after the changes, if it is assumed that the car was actually thrown into scrap metal?! And then, the legislators have provided for the subtlety that a car owner may want to register a car that was removed before the mandatory scrappage certificate came into force.

That is, the car could have been deregistered as junk, but is actually stored in a garage. And so the traffic police decided that such vehicles have the right to a future life on the roads of Russia.

What to do if the car is scrapped

Why is the year of recycling important? It is necessary to note the importance of the year of recycling. When purchasing a car that is being scrapped, but in a technical condition that suits you, you need to find out in what year the car was scrapped. By order of the Russian Ministry of Internal Affairs issued on January 20.

2011 on the procedure for registering cars, it is impossible to register vehicles that are deregistered on the basis of the attached documents confirming their disposal.

If the car is disposed of before this order is approved, then you can try to restore the documents for the vehicle and register the car with the traffic police. You just need to be patient, optimistic and have the necessary financial resources.

Restoration by power of attorney Restoration can be carried out by power of attorney You liked the salvaged car. The first thing to do is look at the year of disposal.

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The car is being disposed of by its former owners. You need to find the last owner whose name is included in the PTS. Then you persuade him, using all your eloquence, and maybe an additional payment - this almost always happens - so that the former owner of the car agrees to restore it to the traffic police.

You need to be prepared that the owner of the car will raise the price for it. This happens in 50% of cases. The former owner of the car can restore the scrapped car on his own. But, as a rule, people refuse to waste their free time, spending it visiting various traffic police offices.

What to do if the car is scrapped

What to do in this case? How can I restore its registration and re-register it in my name? Option 1 To find out the place of residence of the former owner of the car, you can submit an application directly to the traffic police department, on the basis of which its employees will send a telegram to the last registration address of the owner of the scrapped car. The telegram indicates that you have found the car and are looking for its owner to restore the vehicle's registration.

If you can find the owner this way, the traffic police will advise you on all further actions. Option 2 If a search with the help of traffic police officers does not help, the most extreme option remains - filing a statement of claim in court, which requests that you be recognized as the sole legal owner of the car.

How to restore a junk car

But at the same time, the abolition of the procedure for deregistering a car has led to many problems for those drivers who do not operate the car for a long time (an emergency car, not used in winter, not used due to deprivation of rights, etc.).

Previously, such vehicle owners, in order not to pay transport tax, deregistered the car until better times. After the introduction of the new administrative regulations of the Traffic Police, it was not possible to save in this way, since the car cannot be legally deregistered.

That is why many vehicle owners, instead of deregistering the car, began to cancel (dispose of) the registration.

Thus, they avoid paying transport tax. But subsequently, many car owners encountered problems restoring their records.

How to restore a scrapped car

With the former owner of the car, you then correctly draw up an agreement on the sale and purchase of this car. After all these procedures, you become the full owner of the car.

Now in all traffic safety inspection databases, you will be listed for this car. When purchasing a car that is being scrapped, carefully weigh the pros and cons.

Decide if you need this car? The only exception may be a rare copy. Restoring the documents of a scrapped car is not easy, and sometimes impossible. If you have free time for this, and also persuade the old owner of the car, then feel free to take on this matter.

Restore a scrapped car

To begin the restoration procedure, the former owner of the car in the traffic police department must write an application addressed to his boss, which provides detailed information about the car, its make, body and engine number, VIN number, year of manufacture and numbers of all documents on the car, including the PTS number , registration number, etc.;
After completing the application, the car is delivered to the traffic police department for technical inspection on a tow truck. Driving a scrapped car that is not registered with the traffic police is prohibited under any conditions;
After inspecting the car and checking its license plates, all that remains is to wait for new documents to be received.
You must take out MTPL insurance for a restored car immediately after receiving the documents for it and registering it in your name.

The documents for the car have been disposed of, but the car itself is still there????

It’s good if after 10 days you called the traffic police and clarified whether the car is still registered in your name or is already in the name of the new owner?! If the new owner has not registered the car, immediately rush to the traffic police with the sales documents and write an application to suspend the registration, let them look for the car and the careless motorist.

Danger for the buyer. How can you be sure that everything is in order with your vehicle and not fall for the tricks of scammers? Indeed, according to the new law, the seller, the owner of the vehicle, does not have to deregister the car. You draw up and sign an agreement, give the money, pick up the car and documents. You come to register your car with the traffic police yourself or you are stopped by a traffic police officer and then it turns out that the purchased car has been disposed of!

How to prevent such a situation?! We bought a salvaged car – how did this happen? Firstly, how can this happen?

How to restore the registration of a car with the traffic police after disposal?

If it was not the owner who sold the car, but a third party, it will be difficult for you to prove the fact of fraud. What to do if, without knowing it, you purchased a junk car? A legal way out of this situation is provided for by modern legislation. A scrapped car can be "rehabilitated". To do this you need:

Find the owner of the car indicated in the title and convince him of the need to restore the car to the traffic police. If the owner does not have time for this, ask him to issue a notarized general power of attorney for you. This document will allow you to personally control all stages of the procedure.
Any scrapped car must be deregistered. You need to contact the same traffic police department with an application to restore the registration of the vehicle.

The former owner could simply suspend registration, file a search for the car, prove that it was a sold car and he is not obliged to pay fines and taxes, but this is bureaucracy! It’s simpler - you don’t have to pay anything to scrap it! According to the new legislation, you can sell a car along with license plates by filling out and signing the contract by hand. And if such a procedure was carried out several times, with non-compliance with the requirements laid down by law, then you end up with a junk car in use, but on the move.

We bought a salvaged car - what to do Contrary to idle opinions, it is possible to restore a salvaged car! Method 1.

What to do if you bought a car and it’s junk

Read above for what to do next.

To speed up the process, you can go to court with a statement of claim to recognize your ownership of the car. Evidence and witnesses will help you win such a lawsuit.

Some drivers buy scrap cars specifically for off-road driving, in the country, or as a donor car. The price of a junk car is significantly lower than the market price, but fines and troubles at the time of meeting with the traffic police cannot be avoided. According to Article 12 of the Traffic Regulations, driving a scrapped vehicle is prohibited.

If such a violation is detected, the license plates are removed, the documents for the vehicle are confiscated, and the car is delivered to the impound lot by a tow truck. The driver is punished with a fine of 500 to 5000 rubles.

What happens if the car is scrapped?

The registration of scrapped vehicles, as well as vehicles whose registration has been terminated at the request of the owner or possessor of the vehicle in connection with disposal, submitted to the registration department, is not restored. It was the last line of the order of the Ministry of Internal Affairs that prohibited the restoration of registration records for citizens who had previously canceled their registration with the traffic police. You may ask why people canceled their traffic police registration if they later want to restore their registration again? The fact is that many vehicle owners have canceled their registration due to a vehicle breakdown, which they are unable to repair in a short time. Many car enthusiasts, when their car suffered a serious breakdown, used to try to cancel the registration and sell the car for spare parts.

Source: https://rusblank.ru/chto-delat-esli-mashina-v-utile/

Where can this be done?

As can be seen from the quote from the Order, this can be done using the data about the car stored in the traffic police database - in the archive. At the same time, there are 2 options for such an archive: paper and electronic. From the latter, a car can be removed for a variety of reasons, but from the first – paper – documents cannot disappear anywhere for many years.

What does all of this mean? A means 2 possible options for where to address our question:

restore the scrapped car in any registration department of the State Traffic Safety Inspectorate, if data about it is saved in the electronic database,
re-register such a car with the traffic police only in the department where it was deregistered, if the documents remain only in paper form. Since the credentials specified in the quotation of legislation can only be confirmed there.

Unfortunately, it is impossible to reliably find out in advance whether the data on your vehicle remains in electronic form. You can check the vehicle on the official website of the traffic police by entering its VIN number in the registration history check service.

if the result shows information about the disposal of the car, then this data is in electronic form (and pulled up by the site from the electronic database),
if it gives information about the impossibility of performing a search using the specified VIN number, then it means that the car is not in the database, there are only documents for it.

But this data is also unreliable, since the site often makes mistakes anyway. Therefore, it is better to immediately contact the MREO of the State Traffic Inspectorate where the car was submitted for scrap.

How to restore a junk car?

Buying a salvage car is a good deal. Since its cost is significantly lower than similar models on the market. However, in order to use it fully and go on the road, you cannot do without the procedure of restoration from scrap.

A vehicle for which there is a certificate of unsuitability, a certificate of delivery and a statement from the owner about the voluntary initiation of the procedure is considered to be scrapped. In order to restore such a machine you will need:

Contact the MREO. The procedure for restoring the car must be initiated by the same person who disposed of it (or his authorized representative - under a general power of attorney);
Submit an application. It contains the following information: license plate number, make and model of the car, body and engine numbers, PTS data and the number of the department where the car was deregistered;
Provide the vehicle for inspection. As mentioned above, the car can only be brought by a tow truck; you cannot arrive under your own power;
Wait for the restoration procedure to complete and receive a PTS. It will indicate exactly the owner who initiated both procedures: disposal and restoration. If the car needs to be registered in the name of another person, this can be done only after receiving the title, by drawing up a standard sales contract.

How to register? Instructions

There can also be 2 possible results - a banally successful registration of a car or a refusal.

The latter happens for a variety of reasons, often illegal. Therefore, you need to prepare (as a last resort) to go to court. The fact is that when contacting the traffic police on complex issues, which include the restoration of a scrapped car, very often employees, instead of trying to solve it, prefer not to waste their nerves and not take unnecessary risks, but to refuse restoration, and, moreover, avoiding in writing by all means such a refusal.

But with a positive decision of the court, the traffic police will already be required to register the scrapped vehicle, since they are obligated to do so by the same Order at the same point.

Documentation

Registering a junk car is no different in steps from registering a new one, except for a set of documents. Of these, first of all, it is necessary to take out MTPL insurance for the car; without it, the car will not be registered. And after registration, you will need to contact the insurance company again to enter the received license plates.

Next you need to pay the following state fees:

2000 rubles for receiving new numbers,
500 rubles for issuing a new registration certificate,
800 rubles for the restoration of a disposed vehicle.

The following documents will be needed:

Your passport,
receipts for payment of state fees,
application for registration,
certificate of deregistration issued previously (not always),
purchase and sale agreement (not always).

Sometimes the MREO inspector also requires a certificate of deregistration, issued during the corresponding procedure earlier, as well as a title document - a purchase and sale agreement, which confirms that you are the owner of the car. It cannot be argued that such requirements are illegal, since the rules of procedure themselves are not spelled out anywhere in the 2021 legislation.

The application can be filled out using the sample recommended by the traffic police or independently, since this sample is recommended and not mandatory for use. And, besides, in it you will not find the state service for registering a junk car; you will need to enter it yourself.

(DOCX format for filling out on a computer).
(PDF format for filling out by hand).

Registration procedure

So it's quite simple:

With the above documents, you come to the registration office of the traffic police where the car was deregistered for disposal.
Sign up for the queue in the terminal.
Submit documents and proceed to inspect the car on site to ensure that its technical condition and completeness comply with the tolerances of the traffic rules and technical regulations.
After successfully passing the inspection, you receive a mark on acceptance of documents and wait for the result of the service or wait for the result of the service on the spot in the form of issuing a restored duplicate of the PTS, a new STS and license plates.

Something else useful for you:

Does the car seller need to be present at the traffic police office when registering?
How to remove a car from the traffic police register after sale through State Services under a contract?
How to buy a used car legally?

Is it possible to register through State Services?

Unfortunately, there are no government services for restoring a scrapped car on the portal.

Is it possible to keep plates that have been scrapped with a car?

Yes. But only if you handed over the license plates for temporary storage at the traffic police, and the period of 1 year after disposal has not passed. Since this is exactly the period of time that the GRZ are stored, no more.

If these conditions are met, then in the application you need to indicate the issuance of a state registration mark, which is stored in the traffic police.

Refusal to restore

As we have already said, if you are denied the restoration of a car for recycling, then you need to know the reasons for such a refusal:

if the reason is related to any documents, their absence, or the car has not passed inspection, then this is a separate topic for clarification,
if you were told that it is impossible to restore a scrapped car for some other reason, then you need to receive a written reasoned refusal - the traffic police MREO must give it in response to the written application that you submitted at stage 3 according to the list above.

If they also refuse to provide written motivation, then they can and should be filmed. This will help when appealing the inspector's decision in court. Most often, at this stage, the employee leaves the procedure in force and accepts documents for reinstatement.

If they refuse in any case, all that remains is to sue. At this stage, there are no legislative prohibitions in 2021, if the refusal is indeed not motivated by anything or is motivated by an illegal transfer.

I bought a car that was scrapped, how to get my money back - Lawyers

What should you do?
How can I get my money back? And are there laws that protect private buyers of used cars? Return the car I will say right away that if you (an individual) purchased a car from an individual who is not an individual entrepreneur, then the consumer protection law is not applicable in this case. Therefore, according to the law, it is unlikely that you will be able to return the car within two weeks if you are not satisfied with something. Although you still have a small chance of getting your money back, provided that you have drawn up the purchase and sale agreement correctly and have a good lawyer. There are no two weeks to return goods. But not everything is so hopeless. According to Article 475 of the Civil Code of the Russian Federation, you can refuse to fulfill the sales contract and demand the return of the amount of money paid for the goods. Not everything is as simple as it seems at first glance. The question “how to get money back for a car” is, on the one hand, simple, since the answer to it is clearly stated in the legislation, but on the other hand, it is ambiguous.

Important

Because life situations when it can arise, despite their typicality, are always very individual.

Attention

What about the law? Getting your money back for your car is real! The Consumer Rights Protection Law (CPL) defines cases of possible refunds precisely, but they are all general.

Therefore, before rushing into battle, you should first understand whether the car can be returned to the seller: whether your particular case fits the “legal” situation described in the section “Cases of returning a car” and whether you can prove it yourself.

Return the car

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Of course, you may come across a very honest car seller who will agree that he sold you junk, take the car back and give you the money. If you have met someone like this, consider yourself lucky. But, more often than not, the seller will not agree that the car sold has any hidden defects.

He will say that everything was fine with him, he had already spent the money, and so on.

You understand, no one wants to admit that the car is bad.

Go to court If the seller does not want to resolve the situation peacefully, then in this case you have every right to bring a claim against him for misleading you and deceiving you by a private person.

In your claim, you will need to indicate that you were incorrectly informed about the technical condition of the car.

You were provided with false information that prompted you to enter into a purchase and sale agreement.

Legal services in Kursk

In this connection, three options can be distinguished: - the defects arose before the transfer of the goods to the buyer; - the causes of the defects arose before the transfer of the goods, but the defects themselves appeared after that; - the reasons for the appearance of the defects of the goods arose after its transfer to the buyer.

As a rule, in contracts for the sale and purchase of used cars concluded between individuals, the parties do not provide for the seller to provide a warranty for the car; therefore, the responsibility to prove the reasons for the occurrence of defects lies with the seller.

In addition, since the car was purchased second-hand, that is, used, therefore, the buyer cannot help but be aware that the car has operational wear and tear, which suggests the possibility of defects.

Thus, it is impossible to return a used car (car) purchased second-hand.

Is there a way to return a car purchased second-hand under a sales contract?

In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are detected repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right, at his choice:

refuse to fulfill the purchase and sale agreement and demand the return of the amount of money paid for the goods;
demand replacement of goods of inadequate quality with goods that comply with the contract.

Demands to eliminate defects or replace goods specified in paragraphs 1 and 2 of this article may be presented by the buyer, unless otherwise follows from the nature of the goods or the essence of the obligation. 4.

How to return a used car to the seller

A scrapped car can be “rehabilitated”.

To do this you need:

Find the owner of the car indicated in the title and convince him of the need to restore the car to the traffic police.
If the owner does not have time for this, ask him to issue a notarized general power of attorney for you. This document will allow you to personally control all stages of the procedure.
Any scrapped car must be deregistered. You need to contact the same traffic police department with an application to restore the registration of the vehicle.

Source: https://zakonbiz.ru/kupil-avtomobil-utilizirovan-kak-vernut-svoi-dengi/

You bought or sold a salvaged car – can it be restored without the owner?

And this depends on the buyer’s goal. Very often, such cars are taken for spare parts or for other purposes, rather than having their registration restored and driven on the roads.

If the buyer plans to restore a salvaged car, then this is a bad idea. The reason here again lies in the practice that has developed in 2021 - the traffic police very often refuse to register scrap cars, citing the fact that only the one who has submitted an application for deregistration in this regard is authorized to do this. Therefore, it is often impossible to actually restore a junk car without the owner.

The inspector’s logic here, as a rule, is clear - only paper documents remain in the MREO, and the date of the last registration is listed on the previous owner. And it is unknown on what basis the seller transferred the scrapped vehicle to the buyer.

It is very easy to understand why this is illegal: the basis for transferring a car is, as a rule, a purchase and sale agreement. And the current owner of the car without the previous owner has the right to restore the registration of a vehicle, regardless of who deregistered it. The law simply does not provide otherwise.

The previous owner disposed of the car - Legal assistance from a lawyer

What to do if you bought a car and it's junk? When purchasing a used car, the car owner may find himself in a situation where, when registering or checking documents, he finds out that he has purchased a scrap car.

What to do in such a situation and how to avoid it? How not to buy a salvaged car? Having purchased a car secondhand and driven a sufficient number of kilometers on it, you may unexpectedly find out that you purchased the car as a scrap car.

This can happen if the car has been resold several times. Now it is possible to buy and sell cars along with license plates under an agreement written by hand and signed by the parties to the transaction.

“If, when purchasing a car, you did not register it on time, the previous owner, evading paying taxes and fines, may well write off the car as scrap.

Again, negligence is to blame. You did not register the car within the required 10 days, that is, the vehicle is still registered with the old owner. Accordingly, YOUR fines come to him, the tax on YOUR car for the transaction also comes to him. We bought a salvaged car - what to do Contrary to idle opinions, it is possible to restore a salvaged car! Method 1.

The previous owner scrapped the car

Starting from the moment this resolution comes into force, it is impossible to return from scrap only those cars that were officially handed over for recycling under the state program, that is, money has already been paid for them to purchase a new vehicle. How to restore a scrapped car? Only its last owner, whose name is recorded in the title, can return a vehicle from recycling.

Important

After searching for this person by any available means, it will be necessary to persuade him to go with you to the traffic police to register the scrapped car.

Not every owner will agree to spend his time visiting the traffic police department, so an alternative option is to go to a notary, who will draw up and sign a power of attorney to carry out registration actions with the car in your name.

What to do if the car is scrapped

To begin the restoration procedure, the former owner of the car in the traffic police department must write an application addressed to his boss, which provides detailed information about the car, its make, body and engine number, VIN number, year of manufacture and numbers of all documents on the car, including the PTS number , registration number, etc.;
After completing the application, the car is delivered to the traffic police department for technical inspection on a tow truck. Driving a scrapped car that is not registered with the traffic police is prohibited under any conditions;
After inspecting the car and checking its license plates, all that remains is to wait for new documents to be received.
You must take out MTPL insurance for a restored car immediately after receiving the documents for it and registering it in your name.

How to restore a junk car

If you were prudent and filled out the contract correctly, indicating the full amounts, all passport and other reliable data, carefully saved all the documents, in general, you cannot be undermined, feel free to go to the police. Write a report to find the fraudulent seller. According to Article 451 of the Civil Code, the court will invalidate the transaction and oblige the former owner to return the money to you.

Restore a scrapped car

He himself admitted: https://ru/law/279298/ Yes, and in that topic there are thoughts that the judge might get into his head, like. It's about something completely different. Get yourself together. I go to court very rarely, but I noticed this thing.

That the judge, if she’s not in the mood (hasn’t had enough sleep), then you can expect anything from her. You give her a written power of attorney. Reads it, then asks for a copy. But there is no copy.

He is indignant, like they should provide a copy! Then, with an expression of the highest mercy, he asks the secretary to go somewhere and copy the power of attorney, while clearly not hiding on his face not just a feeling of dissatisfaction, and, well, sincere indignation! (This was the Moscow district court). I wanted to hide under the table from her! :-)… Therefore, I answer for what I experienced in practice, without pretending to be legal, as it were. Of course, you know better, you often go on ships...

The former owner disposed of the car after sale

Do you really think I'm making this up?! Re: I want this herb too! If you don’t make it up, then everything is very bad.

In your description, the picture is very reminiscent of a crime such as “squeezing out” an apartment from a soldier in an orphanage or similar. It is currently prohibited to confiscate passports from conscript soldiers.

The two accompanying people are even more alarming. Obviously, the soldier is being forced into some kind of unfavorable deal.

Not in this case. They're watching to make sure he doesn't run away from the army. Is it true?! Have layoffs and vacations been cancelled? Also accompanied on leave? By the way, the “bloody” asked for 30,000 rubles for restoration from scrap Mr. Beard 06/01/2016, 11:27 # This is due to illiteracy. He cannot restore it from scrap even for 30,000 rubles.

Now he can. By the decision of the Supreme Court of the Russian Federation dated March 6, 2014 N AKPI13-1251, para. 7 p.

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Attention

To do this you need:

Find the owner of the car indicated in the title and convince him of the need to restore the car to the traffic police. If the owner does not have time for this, ask him to issue a notarized general power of attorney for you.

Source: https://dipna5.ru/prezhnij-vladelets-utiliziroval-avto/