Auto Pravo March 04, 2013
Almost all car owners have encountered in their lives the registration of a new or re-registration of a used vehicle, which regularly serves its owner, transporting people and cargo. But in life, everything happens, and there are times when a car is laid up due to a serious breakdown, as a result of an accident, or for some other reason. The question arises of what to do in this case: deal with transport yourself, investing your money and time, or sell it to someone else, losing a certain amount on this, but getting rid of all the hassle of maintaining this car.
Let's consider this case: the car is in a garage or parking lot and cannot move for the following reasons:
— car breakdown incompatible with its movement; — a car after an accident; — the car stood motionless for a long time and no one took care of it, there is no insurance, no technical inspection.
The first way to re-register a substandard car. MREO traffic police
What needs to be provided when re-registering as a traffic police MREO:
— a notarized contract for the sale and purchase of a vehicle; — Passport (original) of the buyer; — Individual tax number (a copy is possible); — The original and a notarized copy of the power of attorney, if you are acting on behalf of another person; — Technical passport of the car; — In case of registering a car, its assessment is required (it will be required to pay 3% of the amount to the pension fund); - The vehicle itself.
The last point is worth dwelling on in more detail. Since we are talking about substandard transport, it is logical to assume that a car cannot drive on its own. In this case, you can use the services of a tow truck, he will pick up and take your car where it needs to go. If you do not want to pay money for a tow truck, and the car is located in the same locality as the MREO authority, you can try to arrange an on-site inspection. To do this, you need to write an application addressed to the head of the registration department and pay the cost of this service through the cashier. Things are more difficult if the car is located in another area or region. You will have to contact the traffic police at the location of the vehicle and obtain a Single Inspection Certificate for the vehicle. Only on the basis of this document, registration or deregistration in the “native” MREO will be carried out without presenting the object of registration itself.
Is it possible to return the deal if the car is not registered?
But you cannot legally drive such a car on public roads. It is important to consider that, in accordance with the law, after purchasing a car, the new owner has 10 days from the date of the sale transaction to register or deregister the purchased car. In this case, it is necessary to take into account the following nuances:
- It is the buyer, not the seller, who is responsible for registering the car. Before the sale, the former owner is not burdened with deregistration of the vehicle.
- You can register a vehicle in any region of the Russian Federation; now there is no connection to the buyer’s registration.
- The new owner has the right to change license plates.
Thus, there is a possibility that it is possible to resell a car under a purchase and sale agreement without registering it. But this can only be done legally within a ten-day period.
status: issue resolved question: My parents are against it and want to write a statement against him and register me. Can I live separately, without their consent and not be afraid of problems with the police? It’s better that the parents don’t know the address. Is it possible? Answer, if possible, with articles and facts. lawyer: Sedov E.
M. status: clarification required Question: Please tell me what to do in such a situation? Contact the traffic police? If so, will it be possible to register the car? Will there be a fine for this? And one more question, can I sell it without these documents? If so, should I write the DCP on my behalf? lawyer: Fokin A.A.
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According to the law, the buyer has 10 days to meet the deadlines and register the purchased car with the traffic police. When completing the transaction, do not forget to keep copies of the car purchase and sale agreement and the vehicle acceptance certificate. It happens that the seller, having signed all the papers and received the money, runs home happy, forgetting about all the papers he signed on the transaction.
If the buyer of a car avoids registering it and more than 10 days have passed, you should not wait for a “chain letter” from the traffic police or the Federal Tax Service about taxes and fines, but immediately go to any department of the traffic police and write an application to terminate the registration of the sold vehicle for yourself. The application must also be accompanied by a purchase and sale agreement confirming the sale transaction and indicating a new buyer.
How to resell a car without registering it?
It will be difficult to explain to them that in order to dispose of a car, it is enough to prove the very fact of owning it. Whether he is registered or not does not matter. In case of refusal of registration, you will have to go through pre-trial procedures to have the car registered to the new owner.
Ways to solve possible problems If the owner of the vehicle knows in advance that there will be a sale without registration, then the PTS must include information about the previous owner and the person to whom the car is planned to be sold.
If the purchase and sale agreement was drawn up in the name of the owner, he must cancel it and enter into a new one with the next owner. The car's passport must indicate that the previous transaction has lost its validity.
To eliminate possible risk, the document must be canceled with the same number indicated in the technical passport.
The owner of the car does not register it - what to do?
I installed it on a machine that refused to work on it. The store took the part for examination, my husband bought and installed another one. The store refuses to return the money, citing the fact that the head is in good condition.
Important
Can we get our money back? lawyer: Perlov R.G. status: issue resolved issue: Signed the agreement, paid half. The rest of the money will be paid in installments for the year. A situation has arisen in which we will not be able to pay the remaining amount. What to do in this situation? Is it possible to terminate the contract and get my money back? lawyer: Rogozhina O.V.
status: issue resolved issue: The car did not arrive. The contract was terminated. 10 days have passed under the termination agreement. No money left. What to do? If a company suddenly declares itself bankrupt. How then can we get our money back? Thank you. lawyer: Slutsky N.P. status: clarification required question: Is it possible to return the state. fee for registering a car if the car is not registered? lawyer: Slutsky N.P.
Is it possible and how to return the money if we cannot register the car?
Despite this, resale of a car without registration in a case where the car was registered with several owners poses a certain risk. It can be caused by the following factors:
- the vehicle has been in a serious traffic accident;
- not everything is in order with the documents;
- During the sale, the actual mileage of the vehicle was deliberately reduced in order to mislead the buyer and raise the price.
You should be vigilant with such a purchase. But the reasons for reselling a vehicle can be quite simple.
For example, the buyer was in a hurry with the purchase and wants to get rid of it as quickly as possible. Instructions on how to sell a car without registration If the buyer decides to resell the car without entering the title, then certain difficulties may arise. But still, it is possible to sell a car that has not been registered.
Is it possible to return the car to the previous owner?
After this, the new owner of the car at the first post will have problems with the traffic police officers, pay a fine, and pick up the vehicle from the impound lot. And all because he let you down and did not register the vehicle within the 10-day period established by law.
There is an opinion among people about saving actions in case of refusal of the new owner of the car to register it - write statements about disposal or theft. I would not recommend misleading the competent authorities and distorting reality.
An application for deregistration will be quite enough! You also wrote that after selling the car, you began to receive fines and demands to pay taxes.
Regarding the issue of fines, everything is simple - you contact the traffic police with the appropriate application, provide a purchase and sale agreement and at the same time submit an application to terminate the registration of the car for you.
I ask for advice on what to do in this situation? How can I achieve a normal exam with a normal car promised to me? Or is it possible to terminate the contract with the driving school due to its failure to fulfill its obligations and get my money back? lawyer: Pinkas O.N. status: issue resolved issue: The car was purchased on credit.
The agreement with the bank states that if the court is on our side, then first of all the insurance company will pay the bank, and we will be returned the balance. Is it possible for us to receive the entire amount in our hands and pay the loan as we paid? lawyer: Ivanova E.V. status: issue resolved issue: We did not deliver the goods to another LLC, due to their unavailability, we must return the money to him, but this LLC no longer exists and there is no account, how can they return the money from them and it seems they no longer have a seal. make the assignment agreement a date earlier or what can be done in this case? lawyer: Ilyin N.A.
Car resale is a fairly common phenomenon, despite the fact that this process entails a lot of documentary formalities. Quite a lot of questions arise about how to resell a car without registering it in your name, because this is one of the most difficult moments. It should be taken into account that the legislation of the Russian Federation tends to change very quickly.
It is necessary to study all the nuances of this process so as not to find yourself in opposition to the law. Legislative framework The law regulates the procedure for registering a car, its timing and all possible nuances. The order of the Ministry of Internal Affairs of the Russian Federation dated November 24, 2008 states that driving a vehicle that has not passed the registration procedure with the traffic police is strictly prohibited.
Violation is subject to administrative liability in the form of fines and more serious punishment for repeated violations.
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- Good afternoon. I sold the car, but the new owner did not register it. What to do in such a situation? I sold under a purchase and sale agreement. Everything was arranged as usual. The contract contains the signature of the new owner. The whole problem I have now is that since the new owner does not register the vehicle, I received a tax and fines also arrive by mail in my name. It's just a dead end! Also, I saw on your page “lawyer for civil cases” an example of a case where the court made a decision and collected transport tax from the previous owner of the car, who did not register it.
Source: https://strahovanie58.ru/mozhno-li-vernut-sdelku-esli-mashinu-ne-postavit-na-uchet/
2nd way to re-register a substandard car. Notary
You can issue a general power of attorney, for this you will need:
— Passports (originals) of the seller and buyer; — Individual tax numbers of the seller and buyer; — Registration certificate for the car.
The advantages of the second way are the minimal costs of both time and money. The procedure lasts no more than 15 minutes. Both parties go to the notary and draw up a general power of attorney for the vehicle. This is where the design ends.
The downside will be time restrictions: the right to dispose of the vehicle remains with the buyer only for the duration of the power of attorney. The previous owner remains the legal owner of the car.
Buyers of such substandard vehicles should pay attention to the integrity of the body and engine numbers; there are often vehicles with partially or completely damaged body numbers, both due to corrosion and during body restoration work. If these damages are not properly reflected in the owner’s registration certificate, it is necessary to undergo an examination, obtain a conclusion on the primacy of the license plate data and the reasons for the impossibility of reading, with mandatory documentation. If you do not take care of this in a timely manner, you may have problems in the future. If there is a discrepancy between the body number data and the number in the registration certificate, traffic police officers may seize your car, deciding that it is stolen.
How to register a faulty car 2018
Therefore, when purchasing a scrapped car, you should agree with the previous owner of the vehicle to jointly visit the State Traffic Inspectorate office or sign a notarized general power of attorney for the right to restore the registration. After the registration of the car is restored by the former owner or his authorized representative, the new owner must necessarily enter into a purchase and sale agreement for the car.
Is it possible to return the original license plate of a car after recycling? According to the regulations of the State Traffic Safety Inspectorate and the current legislation, after receiving an application for disposal from the owner of the car, the State Traffic Safety Inspectorate deregisters the vehicle, canceling the license plates of the car.
Therefore, after the registration of a scrapped vehicle is restored, new state license plates are issued.
How to register a scrapped car if there is no owner of the car? If for some reason you have at your disposal a car (purchase agreement, donation agreement and for other reasons) that has been deregistered by the State Traffic Inspectorate and you want to restore the registration, but for this you need the owner of the vehicle (who is entered in the title) , but you don’t know its location, then you won’t be able to return the car’s registration.
The procedure for registering a new car with the traffic police in 2021
The presented algorithm of actions is presented for those who already have a confirmed account on the government services portal. Let's say you have collected all the documents, you will need to scan them for subsequent upload to the service. What are the steps in the step-by-step instructions for registering a car in 2021:
The current promotion of the use of government services through an electronic portal involves the provision of discounts on the payment of state fees.
Thus, you can save on mandatory fees when paying for fines for improper driving and for performing registration actions.
For example, the fee for registering a car will be only 70 percent of the established norm for the applicant. You can pay for government services using the link in the electronic application process.
Sale and registration of a faulty car with the traffic police
These civil rights can be limited only on the basis of law and only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, ensuring the defense of the country and the security of the state.
Strictly speaking, the car must not only be technically sound, but also not have any changes that are not confirmed by a special document. Thus, all handicraft converted vehicles, including those with gas cylinder equipment, winches, “knuckle bars”, homemade luggage racks and “low-slung” vehicles, are subject to a registration ban.
How is a car registered with the traffic police?
Another change that deserves attention is the registration of a car depending on the place of registration of the owner. Firstly, this makes it easy to get a duplicate license plate to replace the stolen one (you don’t have to contact the traffic police at your place of registration).
And secondly, the owner of a car, registered, for example, in Sakhalin, but who bought the car at a Moscow car dealership, can easily put Moscow region license plates on it. The only caveat is that the car will be registered only at the place of registration.
This does not give you a chance to try to save on transport tax.
More to read: Improving housing conditions based on maternity capital conditions
After the traffic police officer accepts your application and checks the availability of the necessary documents, you will be directed to the observation deck to compare the numbers on the engine and chassis with the information specified in the PTS.
If you cannot deliver the car to the observation deck yourself, provide a technical inspection report. Don't forget that this document is only valid for twenty days.
The presence of the act will save you from the need to reconcile numbers.
How to register a car without your presence
- The applicant must submit an application to the MREO office at the location of the vehicle. In the text, he must state a request for the execution of a single technical inspection report.
- The head of the department checks the application, after which the inspector inspects the car.
- In 1.5-2 hours the act will be issued.
You need to pay for it at the cashier. - The act serves as the basis for applying to the traffic police authorities at the place of residence for a registration order.
Everyone knows that in order to register a vehicle with the State Traffic Safety Inspectorate, an employee of the department initially inspects the car - he checks the compliance with the body number, chassis number, VIN code, and looks to see if everything is in order with the documentation.
But there are cases when the purchased “iron horse” is located far from the place of residence of the new owner or, for certain reasons, cannot be transported to the place of registration. Then the question arises of how to register a car without a car. Let's talk about this in detail.
In the absence of presence: how to register a car without a car
How to act correctly in such situations? And how to register a car that is not running in 2021? So far, everything has remained unchanged, and the current rules are unlikely to be adjusted in the near future. When a vehicle is unable to move under its own power, it can be submitted for inspection in two ways:
What other difficulties may arise? When the owner arrives for registration with all the documents, the vehicle’s passport will be sure to check the stamp on the recycling fee. If it is not there, registration will not be carried out. Therefore, you need to make sure that such a stamp is available before departure (this applies to cars that entered the Russian market after 09/01/12).
What to do if the engine number does not match the PTS
However, there is a situation when the seller replaced the engine for obvious reasons and everything is legal. But no changes were made to the title; however, along with the main documents for the car, the buyer was given papers confirming the purchase and installation of the engine.
- the consequences of corrosion, when, with a working engine, some of the characters or the entire number cannot be read;
- chips on the crankcase that make it impossible to read the number;
- replacing the engine due to wear;
- engine replacement due to vehicle improvements;
- an engine that was obtained illegally was installed;
- error when filling out PTS.
More to read: Usn in retail trade in 2021
We register a car in 2021 without documents
Remember that the purchased car must be registered with the state as soon as possible. Otherwise, if you are stopped by traffic police officers while driving a vehicle without documents, this may entail a chain of unpleasant events. Your car will be towed to a parking lot. You will have to pay a fine and then prove that this car belongs to you.
Registration of the state registration of any vehicle is one of the main tasks of traffic police officers.
Buying a car without a full package or separate documents for it will confront you with a lot of difficulties, which will be very problematic to solve without qualified legal assistance.
To register a purchased car with the traffic police, its new owner must write an application to a government organization with a request.
Registration of a damaged or damaged vehicle
• manufactured in the Russian Federation, including from component parts of structures, additional equipment, spare parts and accessories, or imported into its territory for a period of more than six months without providing documents confirming their certification in the manner established by the legislation of the Russian Federation;
You can also sell the entire car. Such cars are bought by car enthusiasts who are interested in restoring a damaged car. This is true in the case of German and Japanese models from the 90s or rare cars. Also, car enthusiasts buy wrecked cars entirely in order to use them as donors of spare parts.
How a deal is made
As you know, a vehicle is not a loaf of bread, and its purchase and sale occurs according to a certain procedure:
- The first thing you need to do is find a suitable buyer, contact him and leave a request.
- You arrange a meeting at a convenient place and time.
- The company's specialist inspects your vehicle and gives an estimate of the car's value.
- Often, companies take on all the paperwork for re-registration of a car, so as not to bother the seller, thereby attracting customers. You will need a list of documents:
- passport;
- vehicle registration certificate;
- insurance;
- registration certificate;
- identification code;
- insurance (if any).
- You sign a contract for the sale of vehicles and receive the amount in cash immediately in your hands.
What does the price depend on?
The car owner wants to get as much money as possible from the sale of his car. After all, buying a new car is in the future.
The price of a vehicle involved in a traffic accident is affected by:
- Perhaps the most important factor is the relevance of a particular car brand on the market.
If you have a car that is in demand, then you will get good money. After all, the proceeds from the spare parts are sold quickly, and people will buy your unit without a doubt. When you are the owner of a rare car, the amount offered will not be so pleasant.
- The second factor is the condition of the car, the degree of damage to its parts. When a vehicle doesn't look bad, and has good parts that haven't been hit hard, then you can get a good price for that vehicle. Accordingly, you won’t be able to get much out of a “killed” car. After all, there is no benefit for the buyer to pay you.
- An important factor is the buyer himself. If you turn to small companies, the proceeds will not be significant. When you conduct a dialogue with a large seller, you may be able to agree on a more pleasant amount. Perhaps you will be lucky and you will find a person who wants to buy a car with the further purpose of repairing it. These guys also pay according to the fact, they don’t underestimate.
- The impact on the price of a used car also depends on the region. In an area where car prices are high, you can resell a damaged car for one amount, but where vehicles cost an order of magnitude lower, the amount of money received for a damaged car will not be large.
Why are used cars bought after an accident?
Many owners who sell their vehicles try in various ways to hide the fact of the accident from their buyer.
Since in this way it is possible to set a higher price and gain more money. But at the same time, there is a certain segment of buyers who are ready to buy damaged cars that have been damaged in an accident.
The reasons for this are very different. Moreover, selling to such buyers has certain advantages - there is no need to restore the vehicle or carry out repairs. Usually, buyers of damaged cars take them without any significant bargaining.
Moreover, the cars sold in this way can be divided into several different categories:
- on the run;
- with documents;
- for parts;
- recovery.
On the run
Usually the purpose of buying a car that has been in a traffic accident, but remains in working condition, is its subsequent repair or use without it.
Most often, the purpose of such a purchase is to use the machine as is. Often, in an accident, only the paintwork or lighting devices are damaged.
In this case, there is no point in restoring it - especially if the car is quite old, with high mileage, but spare parts for it will be relatively expensive.
In such cases, sellers usually have nothing to fear. Since the machines are purchased specifically for their intended purpose.
It is important only immediately after concluding the purchase and sale agreement to check the fact of registration by the new owner. Since there are often cases when the new owner does not re-register.
In this case, while using the car, a traffic violation occurs. The old owner receives fines.
With documents
Previously, when cars were stolen relatively often, there were often situations when a heavily damaged vehicle was purchased for further use of the original documents.
The car was stolen “to order”, repainted, and the engine license plates were altered on it. Further, the title and other documents were used for resale.
But at the moment, such a scheme is quite difficult to implement, and therefore is not actually used.
Nevertheless, almost all buyers want to purchase a vehicle with documents that allow them to register or deregister the vehicle.
Because only in this way will it be possible to avoid various difficult situations. It is worth noting that the registration process has a number of features.
Before you purchase a “damaged” car, you will need to carefully read the reports about it. This will allow you to avoid a variety of difficult situations.
For parts
The most common reason for purchasing used vehicles is for parts. Often broken cars are purchased for subsequent disassembly.
Often, two badly damaged cars are purchased, and then one new one is simply assembled from two of them. But again, in this case it is the seller who needs to be quite careful.
Since there are often cases when a situation arises in which the new owner simply forgets to deregister the car.
In the future, transport tax will continue to be paid on such a car. Again, to avoid difficulties in the future, it is worth checking this moment.
If the new owner has not deregistered the car on his own, he will need to carry out this procedure independently.
Since in the future it will be quite problematic to prove that the car has been sold and has a new owner.
The main document on the basis of which all necessary documents are drawn up is the purchase and sale agreement.
With its help, the previous owner will be able to deregister the car with the traffic police even in the absence of the new owner. Buying a car after an accident in Russia will not be difficult.
It is only important to note that the process has its own subtleties and features. You should understand the nuances of the procedure in advance. In this way, it will be possible to avoid the most common mistakes in this case.
Recovery
Often cars are purchased simply to restore them. Help in case of an accident? There is a certain category of citizens who earn quite significant amounts of money from this.
A “damaged” car is purchased, restored on its own and sold for significantly more money than it was purchased for.
This category of citizens is also often called outbids. Usually there are no difficulties with such buyers. You just need to work out this issue in advance.
There are quite a lot of different subtleties associated with the purchase of a car that has been involved in an accident - as well as with the sale.
That is why you should carefully study all the nuances and features of the process, regardless of who the specific individual is.
Moreover, legal entities often act as buyers and sellers. Many official services buy vehicles involved in accidents.
What are wrecked cars for after an accident?
The owner of a vehicle has a choice: to repair the car or sell it as is. To do this, the driver hires an independent expert, who can determine the extent of the damage received and draw a conclusion about the feasibility of repairs.
Often, in minor collisions, only the visual component suffers, the repair of which costs $500-1000. In this case, there is no point in selling the car.
If, as a result of the incident, more than 50% of the entire configuration was damaged and the entire body needs to be replaced, that is, the repair costs will exceed half the cost of the vehicle, then there is no point in restoring the unit. Repairing the vehicle will not be cost-effective and it is better to buy a new car.
There is an interesting business sector in Russia that distinguishes us from Western countries.
The nuance is this:
- in the West - as a result of being involved in a traffic accident, citizens of Western countries pay money to have their damaged car recycled and taken to the trash;
- in Russia - in the Federation there are many companies and organizations that are engaged in buying back used cars. Institutions pay good money for broken units. There is often healthy competition between companies for scrap metal.
In serious accidents, restoring the vehicle is not cost-effective. Often seemingly insignificant dents will manifest themselves later through damaged body geometry or failure of expensive parts. And this is the most important thing.
When the geometry is broken, the car turns into a pile of scrap metal. All parts will wear out, tires will wear unevenly, the steering wheel will move, and a lot of additional defects will occur.
So why do companies buy back damaged and unprofitable cars?
You probably already guessed that even the most damaged car retains parts and components that can later be used during the repair of other units.
Therefore, a business built on the purchase and redemption of emergency vehicles that have been in a traffic accident is quite profitable.
You can put the preserved engine in another car, transfer the brake system, change the lights, try to revive the electrical system, and much more.
The price that resellers are willing to pay for a used vehicle is determined by the car’s popularity on the market, its reliability, service life, and the reputation it has earned among drivers.
There is a directly proportional relationship: the more well-known the vehicle, the easier it is to “push” it and get a good fee.
There is a category of people who think like if they dismantle the vehicle themselves and sell the parts themselves, they will earn more. We hasten to disappoint you, everything is completely the opposite.
Self-disassembly is, first of all, a waste of an incredible amount of time and effort. Anyone who has encountered this will understand.
If you are thinking of selling parts to private owners, then we are in a hurry to disappoint you, they buy components from the most common brands and lower prices.
Read about the online traffic accident database of the State Traffic Safety Inspectorate in the article: traffic accident database.
Find out how to calculate car damage after an accident here.