Power of attorney for the purchase of a car from an individual

In what cases is it required?

According to the decree of the Government of the Russian Federation dated November 12, 2012, as amended to the traffic rules (clause 2.1.1), there is no need to provide a power of attorney to drive someone else’s vehicle to a traffic police officer . To drive a vehicle by a person who is not the owner, it is enough to give him a certificate of registration of the car and be sure to include it in the OSAGO policy.

But there are many situations in which it is necessary to present a power of attorney for a vehicle:

• actions for operation, maintenance and repair of cars;
• all issues related to insurance;
• registration and judicial procedures;
• commercial transactions with movable property;
• travel abroad.

The preparation of trust documentation is regulated by Article 185-187 of Chapter 10 of the Civil Code of the Russian Federation.

Details of the parties, name of the customer

A contract for moving a car with an individual includes:

• last name, first name, patronymic of the car owner;
• date of birth;
• customer passport details;
• place of residence, telephone number;
• The client only puts a signature on the contract, without a seal.

When concluding an agreement to transport a vehicle with a legal entity. This document looks a little different in person:

• full name of the Client;
• address at which the legal entity is registered. face;
• tax payer identification number (TIN);
• main state registration number (OGRN);
• details of the banking institution through which payment will be made;
• who signs the contract for moving the vehicle: the general director or a person with the right to sign according to the power of attorney;
• the contract is sealed.

Types of document, and what legal powers does it give?

There are three main types of vehicle trust documents:

• one-time;
• special;
• general.

One-time

Represents permission to perform a one-time action with a car . For example, this could be re-registration with the traffic police, driving him away from the impound lot, obtaining license plates, purchasing a compulsory motor liability insurance policy, and others. The document must clearly state the specific actions that are covered by the powers of the trustee.

Special

Grants the attorney the right to perform specific actions with the car on behalf of its owner for a certain period of time. Usually it is issued to order regular maintenance or represent the interests of the car owner in courts or insurance companies.

General

Grants the trustee full rights to dispose of and perform all actions with the vehicle, except for the right to draw up a donation agreement or will for this movable property. The document must be certified by a notary.

A properly executed general power of attorney means the transfer of the following rights and powers to the attorney from the owner of the car:

• driving;
• concluding car insurance contracts, including MTPL and CASCO;
• car rental, collateral, leasing;
• sale of a car on behalf of the owner;
• registration and deregistration of the traffic police;
• receiving compensation from insurance documents;
• making changes to vehicle documentation and registration documents;
• obtaining numbers and their duplicates;
• repair and maintenance;
• payment of fines and taxes;
• obtaining certificates and other auto-related documents.

The need for registration usually arises in cases where the car owner, for some reason, cannot independently resolve issues related to the maintenance or sale of the vehicle.

All actions under a general power of attorney with an entrusted car can be performed exclusively in favor of the principal and only with third parties.

How to avoid problems

In order to own a vehicle with the possibility of confirming your actual rights in the future, you should pay attention to some subtleties in the documents and the place of their execution:

1. Draw up a notarized power of attorney from a familiar specialist or in an office that will not seem suspicious.
2. The details of the new owner must be included in the power of attorney and in the insurance policy.
3. As soon as possible, re-register the vehicle in your name.
4. Insist on 2 copies of papers (for each side):

• acceptance certificate. It is more necessary for the owner, but for the buyer it can be useful in case of litigation;
• financial receipt. It is drawn up indicating the amount to be paid, the details of both parties, the car, which confirms the payment.

The last 2 documents help in case of force majeure (death of the owner, presentation of rights to the car) to increase the likelihood of proving one’s authority regarding the vehicle. If the seller does not want to keep copies of the papers, take everything for yourself and store it until deregistration.

Be vigilant, follow the paperwork and confirm your rights. Haste is also not good. To use your car confidently and calmly, do everything consistently and in accordance with the law.

Requirements

The deed of trust for a car can be executed in handwritten form, in simple written form. Another option is to fill out the prepared document form by hand or on the computer.

• One-time and special powers of attorney are drawn up, as a rule, without the participation of a notary and are confirmed by the signature of the principal.
• When registering a general power of attorney, it must be notarized.

It is recommended to prepare several copies of these documents, as they may be needed for submission to various public and private organizations.

Copies of the general power of attorney must be certified by a notary.

How to issue a power of attorney to sell a car?

Buying a car by proxy is easy. In fact, it replaces the purchase and sale agreement. The seller and buyer do not waste time on drawing up an agreement and re-registering registration documents with the traffic police.

Registration of a general power of attorney for a car requires careful filling of all data. You can buy a car using such a document if it is certified by a notary. You can draw it up yourself and bring it in finished form to the notary’s office for signature. If you order registration from a notary, then he has a ready-made form. For a fee, the document will be prepared for you.

The validity period of such a power of attorney is a maximum of 3 years; this clause must be written down. If there is no exact indication of the period, then, as a rule, it is equal to 1 year. The downside for the buyer is that the seller can revoke the power of attorney at any time, leaving the first one with nothing. After three years, it is necessary to conclude a purchase and sale agreement and issue a new power of attorney.

To sell a car, a simple handwritten power of attorney is suitable, which you can draw up yourself. The text of the power of attorney must indicate that the principal trusts not only the driving of the car, but also its sale.

Notarization of the power of attorney is not required.

In this case, it is advisable to draw up the power of attorney in two copies, one of which must be given to the buyer along with the purchase and sale agreement. This will insure the buyer against possible problems when registering the car with the traffic police.

Please note that selling a car by proxy may raise suspicions among a potential buyer. So be prepared for the fact that you will have to explain why the owner is not present during the transaction.

Let's proceed directly to the execution of the power of attorney.

You can fill out the power of attorney either electronically or by hand. The filling method is not of fundamental importance.

Note. Execute 2 copies of the power of attorney. Give one of them to the buyer, and keep the second for yourself.

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Contents and order of compilation

In general, the following information should be included in the trust documentation:

• date of issue, without which the document is not valid;
• Full name of the principal and his passport details;
• data about the vehicle – characteristics of the car (make, model, year of manufacture, color), information from the car’s passport and its registration certificate;
• Full name of the authorized person and his passport details;
• a list of permitting actions that are transferred to the attorney;
• a note about the presence or absence of the right of subrogation (if necessary);
• validity period of the paper;
• signature of the principal.

In cases of execution of a one-time and special power of attorney, the document is drawn up and signed by the principal and handed over to the authorized person. The General requires certification of the fact of transfer of rights to the car by a notary. In this case, you can draw up a document yourself, and then provide it to a specialist for certification, paying the cost of his services, or you can completely entrust the notary with the preparation of all documentation.

The presence of an attorney when drawing up trust papers is not necessary.

The procedure for drawing up a power of attorney for a vehicle:

1. determine the type of paper required;
2. fill out the appropriate form or write it by hand;
3. check the data with the original documents to avoid errors;
4. sign and, if necessary, have it certified by a notary;
5. hand over to a trusted person.

What does the seller face if the car is involved in an accident?

As mentioned above, owning a vehicle under a power of attorney can result in the owner being at fault in the event of an accident. The reason is documentation, purchase in his name, including registration with government agencies.

Example: in an accident there is a culprit and his guilt leaves no doubt (he was drunk, his guilt is undeniable). He is not going to compensate for the damage, and according to the documents he is only the owner, but not the owner. In this case, claims against the culprit of the accident will not be accepted in court. A special power of attorney is required on behalf of the owner to conduct a case in court for damages.

Special cases of registration

For the use and disposal of a vehicle

A trust document with the right to use and dispose of a vehicle involves its execution in the event of transfer of rights to perform simple actions with the car - taking care of its technical condition, returning from a parking lot, and others. The list of powers is prescribed in the executed paper.

Representing the interests of the owner

A power of attorney with the right to represent the interests of the owner of a vehicle is usually issued when it is necessary to transfer the corresponding powers to another person to interact with an insurance company or other government authorities, due to the inability of the car owner to independently dispose of his car for some reason.

The permissible list of powers for an attorney is determined at the time of drawing up the document by the principal himself.

With the possibility of undergoing vehicle maintenance

A trust document with the right to undergo maintenance may be needed in situations where the vehicle owner is not able to personally present it for maintenance. The paper can indicate all actions with the car, including disposal, maintenance and repairs, or one targeted action limited by a time frame.

If the documentation provides for the right of an authorized person to delegate the powers assigned to him to another person, then it must be certified by a notary.

Sample power of attorney for a car

To enlarge a picture, simply click on it.

Please note that if you wish, you can create your own handwritten document based on the power of attorney form provided here. It will have exactly the same legal force.

Let me remind you that after drawing up a power of attorney, it is necessary to insure the civil liability of the owner of the vehicle within 10 days. After this time, any traffic police officer will be able to impose a fine on the driver for lack of MTPL insurance.

Note. You can drive without insurance for 10 days, but in the event of an accident caused by an uninsured driver, you will have to pay for the repair of someone else’s car out of your own pocket.

As for the punishment for lack of a power of attorney, it has now been abolished.

Nevertheless, I recommend that you monitor the expiration date of the power of attorney for the right to manage and draw up a new document in a timely manner.

Power of attorney for registration with the State Traffic Safety Inspectorate Power of attorney for the purchase of a car

Good luck on the roads!

First of all, it is necessary to obtain and check all points of the general power of attorney, certified by a notary.

3 main points to check:

• date and term of the power of attorney;
• prescribed powers: to deregister and register with the traffic police, to obtain compulsory motor liability insurance;
• indication of all details of the car and participants in the transaction without errors.

Important! Protect yourself from scammers. Before you buy a car, check it using the Autocode online service. Thanks to this, you can find out the full history of the car: PTS data, actual mileage, presence of traffic police restrictions, compulsory motor insurance data, customs history, history of fines and much more. The cost of one report is 349 rubles. The check takes place from more than 12 sources: traffic police, EAISTO, RSA, Federal Tax Service, Federal Customs Service, taxi registry, banks, etc.

The owner must also provide the principal with:

• all documents for the car: PTS, registration tool;
• two sets of keys: main and spare;
• technical card for the car or inspection certificate.

Important! After purchase, you should issue or buy a compulsory motor liability insurance policy within 10 days.

What is the price

Due to the fact that a power of attorney is a free-to-fill document, it can be drawn up absolutely free, between two persons, the principal and the attorney. If we are talking about a notarized power of attorney, then the price depends on the cost of notary services and varies from 200 to 1500 rubles.

Documents always require order; this is important to avoid problems and troubles. A power of attorney is no exception. Despite the free circulation and unregulated filling, it must be correctly compiled.

Having the points described in the article in your document will help you be protected from an unscrupulous attorney.