DKP of an apartment - what is it?

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.

How to terminate a purchase and sale agreement?

Termination of the contract is possible by mutual consent or unilaterally through the court. Let's consider the features of both situations.

Termination by agreement

This most often happens if the seller, for some reason, decides to return the car, and the buyer does not object and receives the money back.

Here it is enough for the parties to act as follows:

1. Agree on the terms and enter into a termination agreement.
2. The buyer immediately returns the car, and the seller returns the money.

In practice, termination in this way occurs quite rarely, and people have to go to the courts.

Termination through court

Disputes about property with a claim value of up to RUB 100,000. are considered by magistrate courts, in other cases - by district courts. You should apply to the court at the defendant’s place of residence. The following may serve as grounds for termination of a contract in court:

• Detection of significant technical faults;
• Detection of defective parts and rapid wear of the body, which also indicates a “defect”;
• Failure to pay the cost of transport on time if it was sold in installments;
• Violation of deadlines for handing over the vehicle;
• Differences in the characteristics of the car from the parameters previously stated by the seller under the contract;
• The car is under bail or under arrest.

The main criterion for termination is a significant violation of the terms by a party, resulting in significant damage to the other party. If you have any difficulties, you can contact our duty lawyer for advice.

Documentation

When going to court, you will need documents confirming the validity of the claims:

• Conclusion of technical examination;
• PrEP;
• STS and PTS for the car;
• Loan agreement, if a car loan was issued.

You will also need a statement of claim and a passport.

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.

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.

How to draw up a purchase and sale agreement for an apartment?

The DCP for an apartment is a document for a transaction for a large amount. If you have doubts about the correctness of the contract, it is better to consult a lawyer.

Developers who sell their apartments in ready-made houses using DCT already have ready-made templates according to which they sell real estate. Also, if you buy an apartment under a purchase and sale agreement with a mortgage, the agreement with the seller will be verified by the authorized services of the creditor bank. But you should carefully read all the terms and conditions of the policy in any case.

Please note the following main points of the policy for the apartment:

— Parties to the PrEP

. The owner of the rights to real estate and the buyer to whom these rights are transferred must be indicated;

— Subject of the agreement

. It is necessary to indicate the full address of the property, type (apartment), size (total area of ​​the apartment), cadastral number;

— Apartment price

. The cost of the object is a mandatory clause of the contract. The price of the apartment is indicated in Russian rubles;

— Transaction financing

. The agreement specifies the source of financing for the transaction on the part of the buyer - own funds or mortgage;

— Procedure and terms of payment

. Payment for an apartment purchase and sale transaction can be made in different ways, for example, through an advance payment or a deposit. The agreement specifies the dates, terms and conditions for the transfer of funds, as well as the method of payment - by bank transfer, through a safe deposit box, letter of credit, etc.

Rights to real estate are transferred not after signing the contract, but only after registering the agreement

Signing a contract for an apartment does not yet mean transferring rights to it. The transfer of ownership occurs only after registration of the transaction in Rosreestr.

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.

Rules for issuing a policy for a car

Purchasing a car through the execution of a car purchase and sale agreement is one of the forms of obtaining ownership of the vehicle.

This method of transferring ownership of a car is the most optimal . The main thing is to know the rules and conditions of such an important process as issuing a vehicle registration certificate.

Drawing up a document for the purchase and sale of a vehicle is not a complicated procedure. To officially sell a car, you will need to conclude a special deal in regular written form.

At the same time, the content of the agreement is not clearly regulated by modern legislation.

Despite this, when preparing a document it is worth using certain samples and forms. This will help avoid possible mistakes; the person who will fill out the document will not make mistakes.

The DCT does not require mandatory official notarization . Some car owners still prefer to use the services of qualified lawyers to draw up a purchase and sale agreement with them.

This service is paid, as a rule, it is 2% of the total cost of the car being sold.

So, the vehicle’s written document is the main document on the basis of which the vehicle is transferred from one owner to another.

The document must be filled out correctly, all points are clearly stated, after which it will need to be printed strictly in three documents.

One of the options will remain in the hands of the seller, the second in the hands of the buyer, and the third is sent to the archives of the traffic police.

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.

There is a sad case that happened to one citizen who, as a result of the trial, was left without a purchased apartment. He had a well-executed contract in his hands with the participation of a notary, but for a long period of time it was never submitted to the state registration service in order to legitimize his ownership of the property.

But this was at a time when, according to the old version of the Civil Code of the Russian Federation, it was quite difficult to enter into one’s legal rights. Now the entire procedure for registering an apartment’s DCP has been simplified, and citizens do not have to worry - now the incident mentioned above will not happen to them.

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.

Termination of an agreement

In the process of studying issues related to a car purchase and sale agreement, special attention should be paid to the possible termination of its validity. This may happen due to the termination of the document.

This can be done by mutual agreement of the parties or unilaterally, that is, at the request of the seller or buyer . Also, an agreement may be considered invalid by a court decision if its conclusion violated the law of the Russian Federation.

The official termination of the contract brings both parties to their original state, that is, the buyer receives the money, and the seller receives the vehicle.

The party to the transaction that became the victim in such a situation has every right to file a lawsuit aimed at compensation for material damage and other types of penalties caused by fraudsters.

An application to the court for termination of a commercial agreement is possible only after the absence of a bilateral agreement to resolve the problem in a pre-trial manner . For this purpose, the defendant will need to provide 10 days for the plaintiff to comply with all established requirements and conditions.

It is worth knowing that the plaintiff has the right, simultaneously with the statement of claim to the court, to request the seizure of the vehicle. This is necessary to prevent the possible sale of the car during the proceedings.

To avoid various difficulties, the seller is recommended to make sure that the car has been re-registered after 10 days from the transaction.

If this process has not been completed, you will need to deregister the car yourself. For this purpose, you will need to provide a passport, application and DCP.

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.