General power of attorney for a car with the right to sell: sample, form for concluding an agreement from an individual, do I need to have it certified by a notary to purchase a car?

What is gender trust?

The terms “general power of attorney” or “general power of attorney” themselves are not officially used and do not exist in civil law. However, in practice such a document exists. A general power of attorney is usually called a power of attorney that gives the representative in relation to property the same rights as its owner.

In particular, the principal may provide the authorized person with the opportunity to:

Use a car.
Register the car with the traffic police.
Conclude a contract for its sale.

Is it possible to use it to sell a car?

A general power of attorney with the right to sell gives the authorized person the opportunity to independently dispose of the car. This also implies the right to sell it. However, it is necessary to remember: before the car is re-registered, it will still be registered with the one who issued the power of attorney, according to the registration data in the traffic police. This means that both fines and transport tax will have to be paid not by the person who actually uses the car, but by its official owner.

You can learn more about all the nuances of selling a car in a separate article.

How to issue a general power of attorney for a car with the right to sell in 2021

We can again note the fact that the general protocol of power of attorney for a car allows the attorney to carry out quite a lot of actions on the vehicle; moreover, the owner of the car gives all his rights to it to another person. Consequently, these rights by proxy also include the sale of this car. It is recommended to issue this document to a person whom the witness truly trusts. It is important to understand that this person will be able to use the car in almost the same way as the owner himself.

What does selling a vehicle under a general power of attorney mean? This procedure differs from the usual sale of a car in that the owner remains the same. That is, in this case, you will not have to deregister the car, since it will in fact remain the property of the seller himself.

It can be added that this type of power of attorney with the right to sell vehicles can lead to some problems related to the fact that its owner remains the owner, but problems may also arise for the buyer. For example, if the owner of a car decides to deregister it, then during the first inspection by the State Traffic Inspectorate, they have the right to seize the vehicle.

You can also take into account that the sale is exempt from taxes, but if this tax on the car is too high, then, most likely, the buyer under the general power of attorney will simply not be interested in it.

In order to draw up such a document, the seller needs to contact a notary office to issue a general power of attorney with the right to sell his car. Further, all powers transferred to the buyer are indicated in the text of the document itself, in this case - sale. After this, the notary certifies the document with a seal and, as a result, the parties to the transaction sign a power of attorney.

After this procedure, the attorney has the right to use the car as he was allowed in the trust document. However, he still does not have the right to transfer the vehicle to himself; the car will remain the property of the owner until such a power of attorney loses its properties for any reason, or until the attorney sells the car on behalf of the witness.

How is the document prepared and how much does it cost?

A power of attorney to drive a car is drawn up in simple written form and, if desired, the owner can draw it up even by hand on a notebook sheet. This is not the case with a general power of attorney - it requires registration by a notary.

To compile it, you must take the following steps:

Come to the notary.
Explain to the assistants or consultants on the staff of the notary office what exactly needs to be drawn up and for whom.
Present documents.
Pay the state fee for notarization and fees for legal and technical services for the preparation of the document.
Pick up the finished document.

The advantages of a notarial power of attorney are that it will obviously be drawn up in strict accordance with the law: notary employees are among the most highly qualified lawyers. The disadvantages are that this service is paid, and you will have to spend a lot of time on it - it is rare that a notary office does not have long queues.

What papers will be required?

In order for a general power of attorney to be used for the subsequent registration of a car with the traffic police, the owner will have to take with him at least the following package of documents:

Your passport . Without it, no one will even talk to the trustee. Identity verification is the responsibility of the notary.
Documents for the car - at least PTS . Those that accurately indicate the technical data of the car are required.
A copy of the authorized person's passport . The original and the person itself are not required, but without a copy or at least separately written out passport data, the power of attorney will not be drawn up.

What information should be provided to the notary?

The power of attorney must contain the following information:

Full name and passport details of the principal.
Full name and passport details of the authorized person. The notary does not check them, but if you indicate them inaccurately, the trustee will not be able to use the document.
Data that allows you to accurately determine which machine you are talking about. At a minimum, you must specify the make, color and VIN. The rule here is: the more data, the better and the fewer questions will arise during registration.
The exact scope of powers of the trustee. At a minimum, the right to enter into a purchase and sale agreement and the right to deregister the car and register it with the traffic police must be indicated.
Duration of the power of attorney. By default it is equal to year. If it is necessary for it to be longer or shorter, this must be specifically stated in the text.

The standard form of a power of attorney for the sale of a car is not approved by law, so the principal can set the scope of powers to his liking, after consulting with a notary.

How to apply from an individual?

The question has a lot of nuances that you need to know about.

Where to create a document?

Any lawyer can prepare the text . An approximate sample can also be downloaded on the Internet. But let's turn to Art. 185.1 of the Civil Code of the Russian Federation. It states that powers of attorney to carry out actions related to the disposal of property for which rights and transactions are registered - data is entered into the state register - must have a notarial form.

That is, in order to draw up a document for the sale of a car, you need to contact a notary. The fact is that, according to current legislation, vehicles are registered with the traffic police.

What should the contract contain?

The main authority is to make a sale . The set of the rest is at the request of the owner:

Receiving funds - if the owner (principal) does not doubt the honesty of the attorney or has already received money from the latter for the car - the case with resellers.
Representation of interests in the traffic police, etc. In principle, such powers are not necessary, because the procedure when the seller contacted the competent authorities, deregistering the car, has already become history. Current legislation states that the seller needs to contact the MREO only if the buyer does not register the car within 10 days from the date of signing the contract.
Driving a vehicle. It is probably convenient if a trusted person can drive the car being sold. However, the law says that if a person is included in the MTPL policy and has an STS on his car, then he does not need any power of attorney. He can drive a car.

Thus, the document must indicate at least the following rights :

manage and dispose of a car, including selling;
sign the DCP and the acceptance certificate;
hand over the keys and documents for the car to the buyer.

Do I need to get it certified by a notary?

In order for the signing of a car purchase and sale agreement through a power of attorney to be legal, the stamp and signature of a notary is required, otherwise it will simply not be accepted by the traffic police . And there is no point in appealing the refusal in this case - it complies with the provisions of the law. You will have to go to a notary.

The cost of notary services varies depending on the region. On average, the price of a power of attorney with the right to sell a car is about 1.5-2.5 thousand rubles.

Attention: when drawing up a power of attorney, you must ask for a notarized copy to be made, which is taken to the MREO.

Retrust

If the power of attorney contains such a right, then the attorney can transfer the powers to a third party for the period specified in the document, or for 1 year if the validity period is not mentioned in the power of attorney.

What documents are needed?

The owner of the vehicle must take it with him to the notary office:

identification document - passport, if we are talking about a citizen of the Russian Federation;
PTS;
vehicle registration certificate.

The car has been sold: what next?

Typically, selling a car using a power of attorney consists of the following steps:

The buyer and seller agree on the terms of sale and purchase of the car.
The buyer hands over money for the car.
The seller issues a power of attorney for the buyer.
The buyer, on his own behalf, draws up a sales contract and registers the car in his name with the traffic police. At this stage, he becomes the full owner of the car.

Can I just pick up my car?

The powers of a trustee depend on the powers vested in him by power of attorney. If the previous owner gave him the right not only to dispose of, but also to use the car, he can pick up the car and drive it until the paperwork is completed. When using a car by proxy, you need not only a power of attorney, but also a compulsory motor liability insurance policy.

Fines and taxes apply to sold vehicles - what to do?

One of the typical problems with transactions through a power of attorney is that the legal owner of the car until it is registered with the State Traffic Safety Inspectorate remains the person who issued the power of attorney. Both receipts for fines and transport tax will continue to come to him. What can you do here?

Enter into a contract

First of all, you can still sign a car purchase and sale agreement with the buyer. This document is very simple, the template can easily be found on any automotive or legal website on the Internet, or you can even simply compose it yourself, having at least basic knowledge of contractual work. In this case, the buyer will need to contact the traffic police and register the car, indicating himself as the owner.

True, with this method of action, the question arises: why then do you need a power of attorney at all? The presence of the seller at the traffic police office during registration is not required, and a certificate of power of attorney is not the cheapest pleasure.

Deregister

Another option to get rid of problems with a car sold under a power of attorney is to go to the traffic police yourself and deregister it there. To do this, however, you will need a purchase and sale agreement.

Deregistration is an optional procedure . The current registration procedure only implies that the buyer must register the car in his name within 10 days. But at the same time, the seller is not deprived of the right to indicate to the traffic police that he is no longer the owner of the car. If he did this, then everything connected with the car becomes a headache for the buyer, who will now also have to pay a fine for violating the registration deadline.

If a vehicle is subject to registration restrictions

In the event that a registration ban is imposed on the car, it can be sold by proxy. However, you need to remember the following:

Legally, it will still be registered with the seller.
The buyer will not be able to resell the car or register it in his own name.

There is, however, one way to solve this problem. It consists of the following:

The seller issues a power of attorney for the buyer and receives money for the car.
The buyer pays off the debt to the bailiffs and thus receives the removal of restrictions on registration.
After this, he finally draws up the necessary documents.

As a rule, when using this method, the price of the car is reduced by the amount that the buyer will have to spend to pay off the seller’s debts.

Is it possible to register a car if the transaction is carried out through a proxy?

Having received the car and the power of attorney for it, the buyer acquires all the rights specified in the power of attorney. If the seller has indicated, among other things, the authority to conclude a purchase and sale agreement and carry out registration actions, then the buyer may well register it on his own behalf.

In the same case, when a car is purchased by proxy for resale, such powers are usually absent: the reseller does not need to register it on his own behalf. In this case, he only signs the purchase and sale agreement on behalf of the seller.

Pros and cons, buyer risks and pitfalls

Buying a car with the help of a power of attorney gives its previous owner the following advantages:

He no longer has to bother with documents - all the work now falls on the shoulders of the buyer.
He can get the money right away.
You can sell a car even if a registration ban is imposed on it.

However, there are also serious disadvantages:

The car will still be registered with the seller. All fines and taxes will go to him.
If a purchase and sale agreement has not been concluded, it will be extremely difficult to deregister the car. It will also be difficult to influence a buyer who delays registration.

The main advantage of buying a car by proxy is that after this document is completed, the seller is no longer needed for anything: all his powers are transferred to the buyer. As for the significant shortcomings, there are many of them:

The issuance of a power of attorney is a unilateral action. The seller can revoke the power of attorney at any second by contacting the notary who certified it. This makes such a transaction legally extremely vulnerable.
Unlike a regular purchase and sale agreement, the transfer of a car by proxy lasts only as long as its former owner is alive. The main risk of the buyer is that in the event of his death, the power of attorney immediately loses force, the action taken is not considered a legal purchase of the car, and all rights to it pass to the heirs.

Is it possible to pawn a car in a pawnshop with a power of attorney?

A loan secured by a car must be obtained by the owner of the vehicle. Despite the fact that a general power of attorney gives the right to issue a loan to the person to whom it is written, it is safer to personally receive the money rather than transfer the right to leave the car as collateral to a third party.

Today, there are many fraudulent schemes by which a power of attorney is used to obtain money from creditors without the knowledge of the owner. Naturally, no one pays for such loans, and the responsibility falls on the owner of the vehicle.

Reliable pawnshops, including the Capital auto pawnshop, issue loans only to vehicle owners. The use of a general power of attorney is permitted in rare cases, for example, due to the incapacity of the owner.