The very procedure for buying a car by proxy often looks like this. Without removing the car from the register, its owner, presenting his passport, documents for the car and the buyer's passport to the notary, draws up a power of attorney for him to use the car. In return, he receives money for the car.
It is necessary
Passport for issuing a power of attorney
Instructions
Step 1
The procedure for selling a car by proxy is often used by scammers and criminals. Therefore, when choosing a car, you should pay special attention to the following points:
- whether the car is being stolen, whether it has been cleared by customs, whether it is a pledge and whether it has been seized;
- the authenticity of all documents for the car;
- literacy and completeness of drawing up the power of attorney.
It is in the interests of the buyer to complete the transaction as quickly and competently as possible and register the car with the traffic police on himself.
Step 2
When issuing a power of attorney, check the correctness of this document. Competent and complete registration should give the trustee (buyer) the rights to: remove and register, change registration data, sell a car, represent in court, insure, conduct a technical inspection, change numbered units, repair and dispose of it. All this should be indicated in the document.
The issuance of a power of attorney is a one-way transaction. A power of attorney can be issued without the personal presence of a trustee (buyer), including one that requires notarization. The document becomes invalid in the following cases: expiration of the power of attorney, cancellation by the principal or refusal of the principal, in the event of the death of the principal or trustee.
General requirements for drawing up powers of attorney:
- written form indicating the validity period (no more than 3 years); if the validity period is not specified, the power of attorney is valid for 1 year;
- mandatory indication of the date of its execution, otherwise the power of attorney is invalidated.
It should be borne in mind that Article 182 of the Civil Code of the Russian Federation does not allow a representative to make transactions in relation to himself personally. That is, having bought a car under a power of attorney, it is impossible to sell it to yourself under a sales contract. In order to be able to re-register the car for yourself, it is necessary to enter several persons in it when issuing a power of attorney (it is impossible only for these people to be spouses). For example, a power of attorney is issued for a brother and sister. Upon re-registration, the sister will deregister it and sell it to her brother. And all the requirements of the Civil Code will be met.
Step 3
To avoid further problems associated with the lack of a change of ownership, it is recommended to additionally draw up and sign a purchase and sale agreement. In this case, if necessary, it is not difficult to obtain in court the recognition of the fact that the power of attorney was a cover for the sale and purchase agreement. If this cannot be obtained from the seller, the buyer should take a receipt from the seller about the receipt of money. In this case, a fraudster who revokes the power of attorney after the sale will not be able to demand a gratuitous return of the sold car. At the very least, he will have to return the money.
Step 4
It should be noted that a power of attorney issued by way of transfer must be certified by a notary, even if the main power of attorney was written by hand. In case of transfer, only the powers specified in the main power of attorney are transferred. And the reassignment period expires at the time the power of attorney expires.
