What is PrEP and how to draw it up in 2021?

Sometimes you may need to sell or buy a car. The process must be carried out in accordance with the norms of current legislation. To conclude a transaction, you will need to issue a DCP. The driver can use a ready-made option or draw up the paper himself. The paperwork varies depending on whether a new car is being purchased or a used vehicle is being purchased. Compiling the paper yourself will save on the services of an expert, but will increase the risk of errors.

What is a car's DCP?

DKP is an abbreviated name for a purchase and sale agreement. It is drawn up in accordance with Article 454 of the Civil Code of the Russian Federation. To sell a car, the transaction must be in writing. The law does not regulate the exact contents of the paper. It is not necessary to have the agreement certified by a notary. However, Article 163 of the Code of Civil Procedure of the Russian Federation allows the action to be performed at the request of the seller and buyer.

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If a citizen purchased a car on the basis of a car purchase and sale agreement, he acquires unlimited rights in relation to the vehicle throughout the entire territory of the Russian Federation. In this case, the seller receives the amount of money provided for by the DCP. The new owner of the car can:

• use the car for personal purposes;
• perform re-sale;
• present as a gift;
• deposit in a bank.

Only a document correctly completed from a legal point of view is considered valid. The DCT contains information about the objects and subjects of the agreement. The paperwork is completed after preliminary activities have been completed. Thus, the car seller must verify the buyer’s identity by reading the documents provided. If, before the execution of the main DCT, funds are transferred as collateral, additional receipts or other agreements regulating the agreements reached must be drawn up. The participants in the process will have to decide the fate of the license plate. It can be transferred to the new car owner. It is necessary to decide the fate of the auto insurance policy. The buyer may need to draw up a new document, or the seller will add the citizen to the old document.

The buyer, in turn, checks the vehicle. He must study the registration documents and become familiar with the insurance. Next, the numbers of components and assemblies are verified. The seller's identity must also be verified. It is recommended to check the vehicle against all existing databases. It is important to pay attention to the presence of outstanding fines, being on the wanted list and other situations that will cause problems with using the car in the future.

If the buyer wishes, and appropriate agreements are reached, the car can be sent for diagnostic procedures. To do this, it is exhibited at service stations that have the appropriate qualifications and have the equipment to carry out such activities.

What is a car’s DCP in the PTS?

Information about all owners is entered into the car passport. On August 7, 2013, Order No. 605 of the Ministry of Internal Affairs of the Russian Federation was issued, according to which the need to deregister a car disappeared. The process only needs to be completed before disposing of the machine. To sell a car, you need to draw up a sales contract. It is drawn up in simple written form. In this case, the old owner leaves a signature on the title and provides all documents to the new owner of the car.

The DCT in the PTS reflects information about the agreement in accordance with which the sale was made. Information about the new owner of the car can be entered into the passport yourself or you can contact the traffic police to carry out the procedure. The second option is preferable. Citizens still have to visit the traffic police department to register the new owner. Employees of the institution must inspect the car and check all numbers with the data specified in the title. If there are doubts about the legibility of the number, the car may be sent for examination.

In the column in which the new owner is entered, there is a clause to indicate the basis for the transfer of ownership. This is where information about the purchase and sale agreement is included.

General aspects of the agreement

In the process of carrying out a process such as drawing up a vehicle’s policy document in 2021, you will need to ensure that certain important points and sections are correctly filled out.

Each of them must contain as detailed information as possible. All blank parts of the column must be filled in with dashes.

If several lines are left blank, the generally accepted letter Z is used.

Each line must be filled strictly from the very beginning of the line. This will completely eliminate the possibility of adding unnecessary information to empty areas.

So, how to fill out the main parts of the purchase and sale agreement.

A cap

The place where the contract was drawn up and the date are indicated here. The personal passport details of the buyer and seller are entered.

The first name, last name and patronymic are written down in full, the exact place of registration is indicated, as indicated in the passport, as well as basic passport data - series number and place of issue.

After this, filling out is carried out according to certain items included in the document.

Point one

This part of the DCP contains information about the car for sale. Data is taken from STS and PTS.

Among them are:

1. Make and model of the car, as recorded in the title.
2. Individual vehicle identifier – the first line of the PTS.
3. Year of manufacture of the car.
4. Engine number.
5. Chassis serial number - if we are talking about a passenger car, this information will not be available, since they do not have a frame system to strengthen the body.
6. Special body number.
7. The color of the vehicle is strictly as indicated in the PTS
8. Type of vehicle.
9. Information about the state registration plate, state number.
10. Registration certificate – number, series and date of issue.

The two outer columns are optional . More precise information about this issue can be found in the traffic police. For example, if at the time of sale the car was deregistered, you can put a dash.

You will also need to clarify the information in the column with the body number . For Russian and domestic cars, these numbers may vary.

Point two

This paragraph fully certifies the fact that the car for sale is a used legal property. This fact is confirmed by the presence of PTS on hand.

Options for drawing up a car purchase and sale agreement

If a person needs to draw up a car purchase and sale agreement, he can perform the action independently or seek help from a specialist. Services for registration of the DCP are provided by a notary. Depending on the chosen method, the process will differ. After completing the purchase and sale agreement, the new owner should contact the traffic police.

1) Through a notary

The law does not stipulate the need for mandatory contact with a notary to draw up a contract for the sale and purchase of a car. However, in practice, you may encounter the need to carry out such an action. Experts advise contacting a specialist if one of the parties to the transaction is not trustworthy. It is more difficult to challenge a notarized agreement in court.

The notary charges a fee for his services. Before contacting the office, you need to prepare a package of documentation. Papers are required from the seller and buyer. Both parties to the transaction must be present during the notarization of the contract.

If one of the participants in the car’s contractual agreement wishes to contact a notary, the second person cannot refuse to carry out the procedure . To avoid disagreements, experts recommend recording the need in the text of the contract. Having received an application from citizens, the notary performs the following actions:

1. Will check the contract for correctness and completeness of information.
2. Check the compliance of the provisions of the agreement with the norms of current legislation. The clauses of the contract must not contradict the law.
3. Will sign and seal. Details are indicated on both copies of the document. Their presence confirms that the transaction has been notarized.

If the car being sold is jointly owned by spouses, it is mandatory to visit a notary. The consent of the husband or wife to sell the car must be certified.

2) On your own

Most citizens do not want to bear the additional costs of hiring an expert. Therefore, they decide to independently issue a vehicle registration certificate. In this case, it is important to fill out the contract in accordance with established standards. The following information is entered into it:

• information about the parties to the transaction;
• information about the car that is for sale;
• car cost;
• other nuances that influence the drafting of the agreement.

It is important to include certain sections in a car purchase agreement. When the agreement is drawn up, the transaction is concluded directly. At the bottom of the document it is recorded that the seller received the indicated amount, and the car was transferred to the buyer.

3) in the traffic police

Only the traffic police can register a purchase and sale transaction. Order of the Ministry of Internal Affairs of the Russian Federation No. 1001 dated November 24, 2008 fixed the possibility of implementing the process in any territorial division of the State Traffic Inspectorate. In this case, the actual place of registration of the owner of the car is not taken into account. The conclusion of the transaction must be carried out in accordance with administrative regulations. It was approved by order of the Ministry of Internal Affairs of the Russian Federation No. 605 of August 7, 2013. The citizen is required to submit an application for registration actions. The paper must be supplemented with a pre-drafted purchase and sale agreement and supporting documentation. Having received the application, the traffic police officer will perform the following actions:

• inspect the car;
• check information about the owner of the car;
• will check the information about the car.

Based on the results of the actions taken, a decision is made to register the transaction or a refusal to carry out the event is issued.

Rules for drawing up a car purchase and sale agreement

Registration of a vehicle purchase and sale transaction is one of the forms of obtaining ownership of a car. The process of preparing a contract is not complicated. The transaction is concluded in ordinary written form. The law does not clearly regulate the content of the contract. The paper is drawn up in accordance with general office work standards. However, to correctly compose the paper, it is better to use ready-made samples and forms. This will minimize the risk of errors.

Purchase and sale procedure

In accordance with the current legislation of the Russian Federation, the entire procedure for the purchase and sale of real estate takes place in three stages:

• To begin with, all information about the seller is entered into the unified state register of property rights. A check is made to determine whether the subject of the contract is pledged.
• The second stage is the transaction itself.
• Now all that remains is to enter information into the cadastre about the new owner of the subject of the contract. Also at this stage, documents are prepared and issued that legitimize the buyer as the true owner of the apartment.

As an example of a DCP for an apartment, see the photo below.

The entire procedure must be completed within one day. At the same time, based on the specific situation and package of documents, the process may take 2-4 hours.

Documents for registration of the DCP

To conclude a car purchase and sale transaction, a package of documents is required. The papers are prepared by both parties to the transaction. The seller must provide:

• passport;
• car registration certificate;
• PTS.

The buyer is required to provide only a passport. When the collection of papers is completed, a car purchase and sale agreement is drawn up. The DCP is drawn up in writing. It does not matter whether the agreement is drawn up by hand or printed on a computer. If a document is drawn up correctly, this does not deprive it of legal force. When the transaction is completed, the title is transferred to the buyer. Documents are required to complete any registration activities. The seller cannot keep the paper.

Registration problems

In order for the purchase and sale agreement to gain legal force, it is not enough to have it certified by a notary. Of course, the transaction itself can simply be formalized in writing, but in any case it is necessary to register the DCT of the apartment with Rosreestr. The contract is submitted to this government body personally or through an authorized representative with the provision of a power of attorney.

In addition, you will need a receipt for payment of the state duty, an extract from the house register, as well as a notarized statement from the spouse of consent to the sale of real estate. If the owner is not married, then his application with the seal of a notary is attached to the package of documents. After 11 days, if the transaction was completed in a simple form and 3 days with notarization, Rosreestr records the right to transfer ownership to the new owner. And it is at this moment that the terms of the transaction are considered fully fulfilled.

PrEP form

The purchase and sale agreement must include a list of mandatory sections:

1. Subject of the agreement. This section states that property is transferred on a compensation basis. Additionally, it is worth stating that the seller is the full owner of the vehicle, the car is not under arrest or encumbrance.
2. Price and payment procedure. The cost of the car is indicated here. If the car is sold for another currency, the monetary policy will need to reflect the ruble exchange rate, according to which the conversion will be made. Payment is made in cash or by bank transfer. Information about the payment method is also indicated in the section. It is possible to enter a condition for full or partial prepayment.
3. Deadlines. This reflects the date upon which the buyer becomes the owner of the car. If the transfer of rights is carried out immediately after the conclusion of the agreement, the section does not need to be completed.
4. Car transfer procedure. The address at which the process will be executed is recorded here. Additionally, the items provided to the buyer as ownership along with the car must be registered.
5. Termination procedure. The conditions are indicated, the occurrence of which becomes a reason for termination of the transaction.
6. Information about the car. Enter information about the car being sold.
7. Information about the participants in the transaction. The passport details of the parties are recorded. When the agreement is concluded, the seller and buyer of the car sign the agreement.

Drawing up a purchase and sale agreement on your own is problematic. Experts recommend filling out a ready-made form. You can download the document here.

Registration and filling out the DCP step-by-step instructions

The process of drawing up the monetary policy takes place in accordance with the standards reflected in Chapter 30 of the Civil Code of the Russian Federation. The process differs depending on whether the vehicle is purchased new or used. It is recommended to consider both cases.

1) DCP for a new car

Buying a new car is done at a car dealership. In this case, the responsibility for drawing up the papers will be assumed by the organization’s employees. You can also consult with them on all issues related to the purchase of a car. To start the procedure, you need to come to the organization, pick up a car and communicate your desire to purchase to the car dealership employee. The citizen will be asked to read and sign the completed agreement.

If the salon’s employee signs on behalf of the salon, it is important to clarify the presence of a power of attorney to perform the action. In another situation, the car purchase and sale agreement can be challenged. The signature is certified by the company seal. Along with the machine, the client is provided with:

• set of keys;
• PTS;
• service book;
• user manual;
• certificate-invoice.

Sometimes a car dealership immediately offers to purchase OSAGO. Without a policy, you will not be able to go through the state registration procedure. If a citizen agrees to purchase insurance, the policy will be included in the list of documents.

Having received the documents, the citizen must carry out state registration of the car. The car dealership is not obliged to provide STS. The paper is issued after the registration procedure with the traffic police.

2) used car

Buying a car second hand is cheaper. However, the parties to the transaction will have to complete all the documents themselves. It is important to follow the rules enshrined in Chapter 30 of the Civil Code of the Russian Federation. If at least one of them is violated, the transaction is considered invalid. To enter into an agreement you will need:

1. Draw up a car purchase and sale agreement. The paper can be drawn up by hand. However, experts advise filling out the form on a computer and printing it. This will reduce the risk of errors and omissions. The paper is prepared in 3 similar copies. Two of them are provided to the buyer, 1 remains with the seller. The person who purchased the vehicle will have to submit one copy of the purchase and sale agreement to the traffic police when going through the registration procedure.
2. Prepare a package of documents. The technical data sheet is being updated. It contains information about the buyer. The parties to the transaction provide a signature in the document and record the date of conclusion of the agreement.
3. The buyer visits the traffic police. You need to contact the territorial division of the authority. State Traffic Inspectorate employees will re-register the car to the new owner. In the process of carrying out the action, the numbers are verified. This is done in order to find out whether the factory signs have been interrupted and whether the car is wanted.
4. When the process is completed, the transaction is considered completed. The buyer becomes the owner of the car.

Registration of vehicle registration certificate between legal entities

If it is necessary to conclude a transaction between organizations, the form of the document changes. The section intended for recording personal data is subject to correction. It reflects the full name of the companies acting as seller and buyer. Additionally, the TIN of each participant in the transaction, his legal address and passport details of persons representing the company are recorded. PrEP is available here.

Termination

Termination of a car purchase and sale agreement is regulated by Article 450 of the Civil Code of the Russian Federation. The process can be carried out if the parties to the transaction have materially violated the terms of the monetary policy. The reason for the action is the presence of hidden defects. Initially they may not be noticeable. However, during operation, the machines begin to reveal themselves. A similar rule applies to legal problems with a vehicle. Termination of the agreement is carried out in accordance with Article 452 of the Civil Code of the Russian Federation. It states that you will need to draw up a document in the same form as the previously executed agreement. The paper reflects the fact of termination of the transaction.

PrEP validity period

Due to the fact that some authorities have established certain regulations for a car purchase and sale agreement, it is important to study the validity period of this document.

It is incorrect to say that PrEP is forever . For example, one of the parties may violate the established terms of the contract, previously outlined in the contract, this will automatically become the reason for the complete cancellation of the document.

In addition, various additional factors may arise that relate to the subject of sale.

Also, the validity period of the vehicle’s DCT directly depends on when the contract was concluded, before or after the vehicle was delivered for registration.

Despite the fact that the transaction is of an indefinite nature, the period of general validity of the document before registering the car may be limited by accounting rules.

Modern legislation requires that within 10 days after the DCT comes into force, the owner of the car registers the vehicle.

This rule applies to the duration of the contract that has not been deregistered. Since 2013, certain innovations have been adopted based on the procedure for registration actions in the traffic police.

Based on them, we can conclude that deregistration of a car upon sale is no longer a prerequisite. This relaxation helps to skip the re-registration deadlines established by law.

The official website of the State Traffic Safety Inspectorate states that if the owner of the car does not indicate his intention to register the car in his name, the inspectorate employees have the right to automatically terminate the registration upon an application submitted by the previous owner.

For this purpose, the seller will simply need to present the DCP. Such situations often arise due to the fact that assigned taxes and fines continue to be received in the name of the previous owner.

To avoid this problem, even in the process of signing the official purchase and sale agreement, the seller can limit the total duration of the agreement without deregistering it.

The buyer is required to re-register the purchased car in his name as quickly as possible . This will help prevent the situation from leading to cancellation due to unfulfilled designated obligations.

Nuances

When executing a car purchase and sale agreement, it is important to enter all information legibly. There shouldn't be any mistakes. Particular attention should be paid to entering the buyer’s data and information identifying the car. The data of the seller and the buyer must not be confused. Often people put signatures where another party to the transaction should sign. As a result, the vehicle's registration certificate may be invalidated due to an error. Don't forget to indicate the contract number.

The cost of the car should be recorded not only in numbers, but also in words. This will avoid disagreements in the future. These vehicles must be included in the agreement in accordance with the information contained in the title. When filling out the contract, you need to have the document at hand.

Car acceptance certificate

The second important document that must be drawn up together with the DCP is the acceptance certificate. From a legal point of view, the DCT merely confirms the intentions of the parties to “exchange a car for money,” while the act indicates the very fact of such an exchange.

What provisions does the transfer and acceptance act contain:

• Date, place of registration;
• Seller and buyer: Full name, series and passport number, registration address, telephone numbers;
• Date of drawing up the purchase and sale agreement;
• Information about the car: make, model, license plate number, color, engine and body numbers, chassis or frame, year of manufacture, color, environmental class, permissible weight, engine type, category, VIN;
• Vehicle equipment: alarm system, car radio, trunk, navigator, recorder, radar detector. You need to list all additional things, indicate their models and costs.

At the end there is a clause stating that there are no mutual claims and that all data has been verified with the registration documents. At the end, the parties put their signatures. The seller and the buyer each receive one copy of the act.

Certificate of acceptance and transfer of the car