Types and features of drawing up a power of attorney for a car purchase transaction. How to arrange everything correctly?

Document preparation

To have a document certified by a notary, the presence of both parties is not necessary, only the principal is needed.
The latter must have everything necessary with him, including a photocopy of the buyer’s (trusted person’s) passport. What you need to take to the notary office:

• passport of the car owner;
• passport (or copy) of the trusted person;
• vehicle registration certificate;
• car passport;
• money to pay for a lawyer.

The cost of certification is from 400 rubles.

Terms that are important in understanding the issue include:

• owner is a legal or natural person who has the right to dispose of property on the basis of title documents;
• owner - a citizen who has certain rights in relation to something for a period established by the owner.

In order to properly formalize the sale by proxy, the owner of the car and the buyer must visit a notary and provide him with their identification documents for the car. Among them are:

1. Russian Federation passports.
2. Power of attorney, if one of the parties is represented by another person. It must contain complete information on the passport (it is better if there is an original).
3. STS – vehicle registration certificate.
4. Vehicle registration certificate.

The document indicates the date of registration and deadline. As a rule, it is 3 years.

If a power of attorney is issued by transfer (the buyer sells the car to a third party), you should be aware that the power of attorney will not be valid without the presence of the first document. If it is cancelled, then the second one automatically ceases to be valid.

A power of attorney for a car can be issued in handwritten form. The problem is that the authorized bodies (State Traffic Safety Inspectorate) will not record the change of owner, but only the actual owner. For this reason, fines, transport tax, and liability for the vehicle will apply to the actual owner. Only registering a car with the State Traffic Safety Inspectorate will make it possible to legitimize the rights to movable property, correctly determining the responsibility for each of the parties.

A power of attorney to drive a car can be issued in simple written form, i.e. if necessary, you can write it completely by hand on any piece of paper. This option is quite tedious and requires careful attention to the contents of the document. You should not lose sight of the mandatory points, which will be discussed below.

You can issue a power of attorney for the right to drive a car in 2019 in other ways.

For example, many newsstands offer to purchase a blank power of attorney form from them and fill it out by hand.

Let's look at the typical content of a car power of attorney. The document must indicate:

• The person who entrusts the car (passport details).
• Vehicle data (state registration plate, identification number, engine and body numbers, data from the vehicle passport, data from the vehicle registration certificate).
• The person who is entrusted with the car (passport details).
• Information about what actions can be performed with the car (drive, represent the interests of the owner in the traffic police or insurance company, etc.).

The document is drawn up on a standard paper sheet. A handwritten power of attorney cannot be used; a printed form must be used. You can prepare the paper in one of two ways:

• by filling out all the fields yourself;
• by asking a notary for help.

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A citizen is able to draw up a document himself, focusing on its sample (presented below). In this case, it is important to provide truthful information and carefully check the paper for errors and inconsistencies. It must indicate:

1. The date when the paper was issued, as well as the place of issue.
2. Passport details of the principal and the trustee.
3. Information about the car that will be disposed/acquired.
4. What powers does the trustee have in relation to the vehicle? In case of sale, the possibility of alienation must be specified.
5. Validity period (1 year if you skip this point).

Content

When notarizing a sale by power of attorney, when contacting a specialist, you are given a form on which all the necessary information is printed.

If the recording is made by hand, the need to indicate:

• The date, place of registration of the paper with the day, month, year in capital letters.
• Full information about the principal: full name, date of birth, place of residence and registration, series, passport number, who issued it.
• Data about the car: make, model, license plate symbols, license plate number, year of manufacture, STS.
• List of powers granted: manage, arrange insurance, represent interests in the traffic police, monitor good technical condition, transfer.
• Validity.
• Signature of the principal, sample signature of the representative.

1. Form for filling out a general power of attorney.
2. Sample of filling out a general power of attorney.

When is it considered invalid?

A power of attorney is invalid if the date of signing was not indicated when it was drawn up. A document can only be valid for a certain period, and without a signing date it is impossible to determine it.

There are also a number of general grounds under which a trust document is invalidated:

• non-compliance with legal requirements;
• the document conveys rights and powers that are contrary to law;
• execution of a transaction to cover other actions;
• rights and powers were obtained by force;
• the permit was issued by an incapacitated citizen with mental disorders.

A decision to invalidate a trust document is issued in court.

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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How to correctly draw up a power of attorney to purchase a car in 2021

Like any power of attorney, a power of attorney to purchase a car is drawn up in a simple, free form. There are no legal provisions that would regulate these documents, but there are mandatory items that must be completed. You can download the form from the public domain and fill it out by hand or print it. But if you contact a notary, he will print everything on letterhead.

The document consists of the following parts:

• A cap . The name of the power of attorney, the word “Power of Attorney” itself must be written down, the name of the city where it is drawn up is written down and the date of drawing up is a mandatory item. Undated document in accordance with Art. 186 clause 1 of the Russian Federation is considered invalid;
• Body of the letter . This section records all information about the principal and attorney, their passport details, who issued them and when, and their place of residence. Several people can be authorized representatives for a vehicle. Below is information regarding the vehicle. Very often, compilers do not yet know the make of the car, so this line is not filled in. And already, when the attorney has decided on the make of the vehicle and agreed with its owner, the line with data about the car is completely filled out. So that the trustee does not have problems at the border. But if the power of attorney will be certified by a notary, then all data must be filled out. In this case, information about any car is entered in this line, otherwise it is impossible to certify the document in accordance with the law. And a mandatory point is to indicate the terms of reference vested in the authorized person. It is necessary to indicate the information “buy in my name” in a certain city, and at the discretion of the principal.
• At the end, the date of issue and validity of the document is indicated, and is endorsed by both parties . In accordance with Art. 186 of the Russian Federation without specifying a validity period, is automatically assigned 12 months. And the validity period of the document cannot exceed three years.

Also, in the presence of a notary, only the presence of the principal is allowed; the authorized person may not be present, but his passport is required. In the case of a legal entity, it is necessary to indicate its full name and location. And so, the rest of the filling sequence does not change. The only difference is that the form is printed on the company’s letterhead.

An authorized person, together with a power of attorney and the principal’s passport, can easily carry out a transaction - the acquisition of a vehicle.

What data and documents are needed

Before you buy or take possession of a car at a favorable price on the basis of a power of attorney, and not a purchase and sale agreement, you should take time and check it for the absence of fines, for the fact that the database contains stolen cars involved in criminal cases.

To do this, you can contact the traffic police or use the help of third-party organizations that provide such a service.

After verification, passports of the parties to the transaction and documents for the car are required. The further procedure is carried out by a notary, at the end of which the car and its documents (STS, PTS) are transferred.

In what case is a car purchased by proxy?

There are many situations for a client when it is necessary to purchase transport by proxy. Most often, this is a necessary measure.

Common cases:

1. The buyer does not live in the city where the desired car is being sold and asks a relative to purchase it instead.
2. The car is purchased in the name of an elderly person who cannot independently arrive at the place of the transaction.
3. If the buyer is away, and the necessary transport was found by friends or relatives.

These are the most common cases of issuing a power of attorney for the purchase of a vehicle. There are also situations when it is necessary to register a car, undergo a technical inspection, return a vehicle from an impound lot, travel abroad with a car, exchange or donate a vehicle. In all these cases, if the actions are not performed by the owner, a proxy is required. Some versions of the document can be written by hand and not certified by a notary.

How does the purchase happen?

After concluding a power of attorney and transferring authority, further actions are standard in nature for purchasing a car.

• a purchase and sale agreement is concluded;
• funds are transferred to the former owner;
• a technical inspection is carried out and a compulsory motor liability insurance agreement is concluded with the insurance company;
• the vehicle is registered with the traffic police.

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.

Role of the notary

A notary is an official who confirms that the sale of a car by power of attorney is legal. This also applies to other documents that he endorses with his seal if necessary. The seller may have a prepared form in which you only need to enter the necessary data by hand.

The second advantage of the participation of a specialist is the determination of the legal capacity of the principal. In case of controversial situations, his participation confirms the validity of the transaction and smoothes out the consequences of the acquisition.

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According to the Civil Code of the Russian Federation, Art. 187 clause 3, when indicating the possibility of transferring ownership of a vehicle to a third party, a notary’s seal is required. At the same time, it is important to inform the owner before drawing up a transfer of power to a third party. Otherwise, responsibility for actions for it falls on the owner by proxy, which is a disadvantage or a side consequence of this type of agreement.

Risks of selling a car under a general power of attorney

We have already mentioned earlier that there is a very big difference from a legal point of view between a general power of attorney and a full-fledged re-registration of movable property. Therefore, before signing such a document, both parties to the transaction must familiarize themselves with all the risks that await them after completing this procedure.

For the buyer

The biggest concern for the purchaser of a vehicle under a power of attorney is that if the seller dies, his car may pass to the direct heirs of the deceased. Less frequently, situations occur when the former owner of the vehicle independently revokes the contract, as a result of which the movable property passes back into his possession.

Among the additional troubles of the mentioned agreement, it should be noted that the court can cancel the document due to the divorce of the current owner of the vehicle, as well as his failure to pay arrears of alimony, loan or traffic police fines. From the point of view of the law, the listed options for depriving the right to drive a car are not considered a violation.

For the seller

As for the vehicle seller, selling a car by proxy is less dangerous for him. Of the negative consequences of such a transaction, only the following factors can affect it:

• Responsibility for timely payment of transport tax (as long as the car is listed in the traffic police database on the old owner, responsibility for state taxes will be placed on his shoulders);
• Calculation of traffic police fines based on the registration number of the vehicle (if traffic violations are automatically recorded by surveillance cameras, the protocols will be sent to the current owner of the vehicle).

Otherwise, the procedure for registering a “general license” is absolutely beneficial for the seller, both in terms of time and finances.

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.

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.