Statement of claim for recognition of ownership of a car

To the Zyuzinsky District Court of Moscow Plaintiff: R.A.V. Moscow, Vernadskogo Ave., 89 Representative of the Plaintiff: Khoruzhenko A.S. Legal bureau "Moscow legal" Moscow, st. Maroseyka, 2/15 tel. Defendants: LLC "V." Moscow, Kashirskoe sh., 76 S.I.V. Moscow, Moskvorechye st., 57/8 T.S.A. Moscow, st. Domodedovskaya, 17 LLC "A." Moscow, Yerevanskaya st., 4 G.S. Moscow, Ekaterina Budanova str., 8 MOGTORE STSI GU MIA Russia Academician Glushko str., 13 Third party: MOGTORER STSI State Traffic Safety Inspectorate of the Ministry of Internal Affairs of Russia Moscow, Pererva st., 21

Who can demand?

Recognition of ownership rights may be demanded by a person acting as a victim due to violations of the conditions established by law regarding the transfer of ownership of a car from one owner to another.

Violations often arise when concluding transactions for the purchase and sale of a vehicle under a general power of attorney. Often problems arise as a result of purchasing a credit car.

It is recommended to exercise maximum caution when purchasing a car at a low cost. Typically, such transactions are accompanied by hidden risks. You should also be vigilant if the seller, instead of a technical passport, only has a copy or duplicate of the document.

The most common reasons for going to court to recognize your ownership of a car:

• the trusting buyer was promised to provide documents for the car later, but this condition was never fulfilled;
• it turned out that the car is collateral and is under arrest;
• the new owner contacted the traffic police with a duplicate registration certificate and found out that the car had not been deregistered.

When is recognition of car rights required?

Recognition of rights to a vehicle means restoration of the owner’s property rights. This need arises in the following cases:

• Transport documents were lost.
• The right to a car arose as a result of the death of the owner, who had no heirs and did not leave a will.
• A dispute regarding a car arose between former spouses after a divorce.
• The car purchase and sale transaction was concluded in violation of the law.
• The buyer purchased the car secondhand, but for some reason the seller did not complete the necessary documents.

There are also often situations when, instead of drawing up a purchase and sale agreement, a general power of attorney is issued. This usually happens if the car was purchased on credit and it has not yet been repaid.

Grounds and conditions for returning the car to the rightful owner

The following circumstances are often used as grounds for recognition of property rights:

• the car purchase transaction was carried out in an unlawful manner;
• a vehicle has been purchased that is not subject to sale;
• the owner of the car lost documents;
• controversial issues arose in the process of inheriting a car in the absence of a will;
• Disputes arose regarding the division of property during a divorce.

A special feature of this procedure is the possibility of resolving the issue not only in court, but also in pre-trial proceedings if there is sufficient evidence. In the first case, the defendant may face serious consequences. Therefore, the issue can often be resolved without the help of a court.

Important! The plaintiff will be denied consideration of the application if he does not provide evidence of attempts made to resolve the issue pre-trial.

When might it be necessary to recognize property rights through the court?

Ownership of a car is confirmed by title documents - a purchase and sale agreement. Some people mistakenly assume that a person becomes an owner only after registering a car with the traffic police, but this is not true: unlike real estate, transactions with which must be registered, this requirement does not apply to cars.

A citizen becomes the owner of a car at the moment of signing a contract of sale, exchange, or donation (Article 218 of the Civil Code of the Russian Federation). However, situations may arise when ownership has to be established through court:

• Division of marital property;
• Purchasing a car with a fake VIN number;
• Participation in inheritance;
• Incorrect execution of the purchase and sale transaction.

Let's consider each situation in detail.

Property division

According to the RF IC, spouses can divide property both before, during or after divorce. To do this, it is enough to draw up an agreement with a notary, or go to court.

Establishing property rights during division may be necessary in several situations:

• The car was bought during marriage with money saved before marriage. In this case, both spouses actually become the owners of the car, even if the contract is drawn up for one of them. However, the fact of purchasing a car with premarital funds gives grounds to recognize it as the sole property of the spouse with whose funds it was purchased;
• The car was purchased during marriage using common money. Even if one of the spouses did not work at that time, the income of the second is recognized by law as common. During division, it will not be possible to divide the car in kind, so it will go to one person, and he undertakes to pay compensation for part of the cost of the indivisible property to the second.

Let's look at a practical example:

The Mezentsev couple bought an Audi car worth 10 million rubles, as well as an apartment for 15 million rubles. and a country house for 17 million rubles. They had no dispute about the apartment and the house - the husband remained with the apartment, and the wife - the country house, about which the parties entered into an appropriate agreement. However, they could not resolve the disagreement about the car: the woman wanted the car to remain with her, and she would pay compensation to her ex-husband.

To resolve the dispute and establish ownership of the car, the woman went to court. In the claim, she asked to leave the car with her, and in return to award compensation to the defendant in the amount of half the cost of the claim - 5 million rubles.

The court satisfied the demand, recognizing the plaintiff as the sole owner, but in return ordered her to pay compensation to the defendant.

Inheritance

Features of inheritance are regulated by Ch. 61-65 Civil Code of the Russian Federation. Citizens may need to establish ownership of a car in several situations:

• The testator gave the car to another person in his will. There is only one option - challenging the will in court. It is almost impossible to do this, because... it will be necessary to prove that the document was drawn up by the testator under psychological or physical pressure from an unscrupulous successor. The second option is to challenge a will drawn up by an incompetent testator. Here everything is somewhat simpler: it is enough to present a court decision declaring a citizen incompetent, and the judicial authority will most likely take the side of the plaintiff;
• When entering into inheritance, there were no title documents for the car. In such a situation, you must first recognize the ownership right of the testator, and then enter into inheritance. If there are no documents for the car, the notary will not issue a certificate to the legal successor;
• The successor missed the deadline for entering into inheritance. First you need to restore them in court, and then come with a copy of the decision to a notary to open an inheritance case and receive an inheritance.

In each case, disputes are considered by the courts individually. For example, in order to recognize the ownership of a car bequeathed to another person, you will have to challenge the will and recognize the successor as dishonest. In the absence of PTS and STS, an application to establish ownership of the car is submitted to the court, and only after that the person enters into inheritance. If the deadline for submitting documents is missed, the notary will first have to restore them in court, presenting evidence of valid reasons for the late submission.

Lack of title documents

If a car does not have a purchase and sale agreement, PTS or STS, it will not be registered with the traffic police. These three documents must be submitted to the department. If the car is bought secondhand, the seller must issue them.

The main document of title is the purchase and sale agreement. If the buyer has lost it, you can apply for a duplicate from the dealer when purchasing a car at the dealership. You cannot draw up a document retroactively - this is a violation of the law.

If the car was bought secondhand and the seller cannot be found, you will have to go to court. To establish ownership, it is recommended to request witnesses. It’s great if during the transaction a transfer and acceptance certificate of the car is drawn up - this will significantly increase the chances of winning.

Based on the results of the proceedings, a court decision is made, where the applicant is recognized as the owner. After entry into force, he needs to contact the traffic police to register the vehicle.

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Incorrect transaction execution

During the purchase and sale, a corresponding agreement is drawn up, according to which the seller undertakes to transfer the car to the buyer, and he, in turn, the agreed amount for it. However, some people neglect to draw up a mandatory contract: it may turn out that the seller simply transfers the car for use by proxy, and the buyer still pays its cost.

Formally, this looks like fraud, but it is problematic to prove the fact of illegal actions of the seller. Over time, the buyer may want to sell the car, but this will not be possible, and he will have to establish ownership in court or negotiate with the seller peacefully.

Everything becomes more complicated if the vehicle was purchased under an agreement, but it later turned out that at the time of the transaction it was pledged to the bank, and now it is demanding its repossession to pay off the debt incurred due to the fault of the former owner. Such cases are quite complex and rarely end in success for buyers: the court obliges them to return the cars, and the sellers – to compensate for the cost of the cars and legal costs. You have to wait years for all payments.

If the court establishes the buyer’s good faith and he manages to prove that he did not know and could not know about the car being pledged, he may be released from the obligation to return it, and all further proceedings will take place with the participation of only the bank and the seller.

Fake VIN number

One of the difficult situations is a fake VIN number. He is usually killed in stolen cars. Ownership will have to be established if this problem is discovered during a traffic police inspection during registration of the car. Of course, it will not be registered, and may be confiscated for further clarification of the circumstances.

A conscientious buyer will have to prove that he did not know about the fake numbers. But the courts do not satisfy claims for recognition of ownership of stolen cars, because this violates the rights of their actual owners. The only option is to find the seller and recover the money paid from him.

If the number is considered unreadable, it is enough to undergo a technical examination and prove that it was erased due to bad weather conditions or improper operation of the vehicle.

How to recognize through pre-trial settlement?

If an individual encroaches on the plaintiff’s property, the claim must be filed in his name. If fraudulent actions were taken by a legal entity, for example, employees of a car dealership, the issue should be resolved with the head of the company.

Before going to court, you must notify the defendant of your intention. To do this, you need to draw up a written notice and hand it to the other party against signature. In most cases, the defendant refuses to sign, so it is recommended to use the mail and send a warning to the opponent. It is important to adhere to the following rules:

1. An inventory should be attached to the letter to confirm that the notice was sent.
2. The letter must be registered with acknowledgment of receipt.
3. The receipt for sending the claim and the certified inventory must be kept.
4. The waiting time for the result after the recipient receives the notification is 1 month.

Having received the letter, the addressee puts a personal signature on the notification. The postal employee hands it over to the sender. This notice is evidence that attempts were made by the plaintiff to resolve the issue. The next step may be to go to court.

Step-by-step instructions: how to return a car through court?

If, within a month after receiving the warning, the plaintiff has not responded or refused to resolve the issue, you can begin to draw up a statement of claim with the aim of appealing to the judicial authorities.

Grounds for filing a claim:

• the victim became a victim of fraudulent activities, but he managed to uncover the criminal scheme and collect evidence;
• the plaintiff was deceived by the seller of the vehicle and made attempts to resolve the issue out of court;
• the ownership of the car owner is questioned;
• conducting pre-trial proceedings and collecting evidence that confirms the feasibility of filing a claim.

Attention! It is very important to consider the statute of limitations. When dividing property as a result of divorce or to resolve inheritance issues, a claim can be filed within a year. In other circumstances, the statute of limitations reaches 3 years.

Where to file a claim to claim a vehicle in accordance with Article 35 of the Arbitration Procedure Code of the Russian Federation?

To file a claim for recognition of ownership of a car, you should contact the district court at the place of registration of the defendant, even if the car was purchased in another region. This condition is defined by Article 35 of the Arbitration Procedure Code of the Russian Federation.

If the cost of the vehicle exceeds 50,000 rubles, the magistrate will refuse to consider the case and transfer it to the district court.

Statement of claim

The statement of claim is drawn up in the prescribed form. The form can be found on the official website of the district court. You can use a sample of any statement of claim. This form is universal. In many ships the sample can be seen on a stand. It is enough to change its content, setting out your own circumstances and indicating the necessary data.

The statement of claim must contain the following information:

1. the date of the incident that gave rise to the application to the court;
2. technical characteristics of the car;
3. the essence of the events that resulted in going to court;
4. a description of the measures taken to carry out a pre-trial settlement of the issue.

Collection of documents and evidence

The information specified in the statement of claim must be presented correctly, concisely and have an evidentiary basis. In this capacity, documents can be used that confirm that the transaction between the plaintiff and the defendant actually took place. It will also be necessary to prove that the applicant uses the purchased vehicle and is fully responsible for it.

Reference. It is especially important to prove to the court that the defendant actually received the established amount for the car from the plaintiff.

The claim must be accompanied by a package of documents, which includes:

• car purchase and sale agreement or other relevant document;
• State Traffic Safety Inspectorate certificate confirming registration of the vehicle;
• a general power of attorney, if it was important when concluding a transaction;
• divorce certificate or death certificate of the previous owner (if necessary);
• receipt of payment of state duty.

If the plaintiff's case is handled by a trusted person, it is necessary to provide a power of attorney certified by a notary.

A list of all attached documents must be indicated in the statement of claim below the date and signature.

State duties

According to Article 132 of the Code of Civil Procedure of the Russian Federation, the state duty must be paid before filing a claim in court. It includes 200 rubles. and an additional amount calculated based on the cost of the car as follows:

• less than 20,000 rubles - 4%;
• from 20,001 to 100,000 rubles - 800 rubles. + 3% of the amount exceeding 20,000 rubles;
• from 100,001 to 200,000 – 3,200 rubles. + 2% of the cost over 100 thousand rubles;
• from 200,001 to 1 million rubles. — 13,200 rub. + 1% of the cost exceeding 200 thousand rubles.

The maximum amount of state duty is 60 thousand rubles.

Review and results of the process

The court has the right to both admit the claim and reject it. Whatever the decision, the plaintiff will be notified of the results within 3 days of the verdict.

If the claim is satisfied, the property right to the car is considered recognized. Based on the court decision, the owner can draw up the relevant documents and register the car with the traffic police.

Statement of claim for invalidation of transactions, recognition of ownership of a car

Based on the additional materials received by the court, as well as in accordance with Article 39 of the Code of Civil Procedure of the Russian Federation, the Plaintiff clarifies the stated claims.

The plaintiff is the owner of the car “A.”, manufactured in 2008, gray-blue color, worth 1,460,000 rubles based on the submitted customs declaration.

In the spring of 20__, on the basis of an oral agreement with the Plaintiff, employees of V. LLC. they took upon themselves, for a fee, to place an advertisement for the sale of the above-mentioned car, as well as to demonstrate the car and search for buyers, and to inform the Plaintiff of the time and place of arrival to complete the purchase and sale transaction of the car.

General Director of LLC "V." S.I.V. (Defendant), knowingly knowing that the car was accepted by the employees of V. LLC. based on an oral agreement from R.A.V. to demonstrate and search for a buyer, using his official position, he took possession of this car by deception, disposed of it at his own discretion, for this purpose he entered into a deliberately forged agreement for the alienation of the vehicle R.A.V.

According to the case file:

1. The plaintiff on 08/01/20__ concluded with LLC “V.” commission agreement b/n, according to which LLC “V.” on behalf of and at the expense of R.A.V. undertakes to complete a transaction for the sale of the above vehicle. Transaction price – 100,000 rubles. The Plaintiff never concluded this agreement, did not express his will to alienate the car, and the agreement itself lacks both the signature of R.A.V. and the signature of the “Seller”.
2. 08/01/20__ LLC "V." represented by S.I.V. acting on behalf of R.A.V. made a transaction for the purchase and sale of a car, in accordance with which the car was alienated to the Buyer - S.I.V. Transaction price – 100,000 rubles.
3. 12/30/20__ S.I.V. entered into an agency agreement with LLC “A.”, according to which LLC “A.” undertook to commit on behalf and at the expense of S.I.V. transaction for the alienation of a car.
4. 01/06/20__ LLC "A." acting on behalf of S.I.V. made a transaction to alienate a car to Mr. T.S.A. Transaction price – 1,400,000 rubles.
5. 01/09/20__ T.S.A. entered into an agency agreement with LLC “A.”, according to which LLC “A.” undertook to commit on behalf and at the expense of T.S.A. transaction for the alienation of a car.
6. 01/10/20__ LLC "A." acting on behalf of T.S.A. made a transaction to alienate a car to Mr. G.S. Transaction price – 20__00 rub.

These transactions underwent state registration on the basis of applications from the parties to the transactions in: MOGTORER STSI State Inspectorate of the Ministry of Internal Affairs , MOGTORER State Traffic Safety Inspectorate of the State Administration of the Ministry of Internal Affairs of Russia in Moscow.

Due to the fact that R.A.V. did not have the will to alienate the disputed car, did not give such instructions, did not sign any agreements, as a result of consideration of the application to initiate a criminal case under these circumstances, the Investigative Directorate of the Internal Affairs Directorate for the Southern Administrative District of the Main Directorate of the Ministry of Internal Affairs of Russia for Moscow on December 18, 20__, a criminal case was initiated for signs of a crime under Article 159 of the Criminal Code of the Russian Federation. The plaintiff was recognized as a victim on January 31, 2020, the Defendant S.I.V. - the accused. The car has been recognized as material evidence in a criminal case and is located in the parking lot of the police department.

Because The plaintiff did not enter into commission agreements for the purchase and sale of the disputed car, he did not give such instructions to anyone, he did not have an expression of will to alienate the car, all transactions for the transfer of ownership concluded between: The plaintiff - S.I.V., S.I.V. and T.S.A., between T.S.A. and G.S., as well as, accordingly, the commission agreement and agency agreements are invalid.

According to clause 1st. 166, paragraph 1, art. 167 of the Civil Code of the Russian Federation, a transaction is invalid on the grounds established by this Code, due to its recognition as such by the court (voidable transaction) or regardless of such recognition (void transaction). An invalid transaction does not entail legal consequences, except for those related to its invalidity, and is invalid from the moment of its completion.

The plaintiff did not sell the car, of which he was the owner, did not receive money from its sale, did not issue a power of attorney for its sale (order), the car left his property against his will.

By virtue of Part 1 of Art. 161 of the Civil Code of the Russian Federation must be made in simple written form, with the exception of transactions requiring notarization:

1) transactions of legal entities among themselves and with citizens;

2) transactions between citizens for an amount exceeding at least ten times the minimum wage established by law, and in cases provided for by law, regardless of the amount of the transaction.

According to Art. 160 of the Civil Code of the Russian Federation, a transaction in writing must be completed by drawing up a document expressing its content and signed by the person or persons entering into the transaction, or persons duly authorized by them.

By virtue of Art. 168 of the Civil Code of the Russian Federation, a transaction that does not comply with the requirements of the law or other legal acts is void unless the law establishes that such a transaction is contestable or does not provide for other consequences of the violation.

According to Art. 169 of the Civil Code of the Russian Federation, a transaction made for a purpose that is obviously contrary to the foundations of law and order or morality is void.

According to Art. 179 of the Civil Code of the Russian Federation, a transaction made under the influence of deception may be declared invalid at the request of the victim.

Based on the above, guided by Art. Art. 160, 161, 168, 169, 179 Civil Code of the Russian Federation, 131-132 Civil Procedure Code of the Russian Federation,

Reasons for refusal and procedure for appealing the decision

If the court decides to reject the claim, the applicant has the right to file an appeal within 10 days after receiving the notice. To do this, you should contact the regional court of the region where the case was heard.

When appealing a court decision, it is very important to study the reasons for the refusal, find shortcomings made during the proceedings, and, based on them, build an appropriate concept for protecting your rights.

If the car was purchased under a general power of attorney and as a result it was received by the buyer, the court may not see this as a violation of rights. Additional oral agreements between the parties to the transaction cannot be taken into account, because they are not confirmed by anything.

Important! The claim may also be rejected if the buyer was negligent when concluding the transaction and did not check the documents for the car. The same result awaits those victims who saw facts of violation of the law by the seller, but chose to ignore them.

Procedure

Necessary grounds

The basis for filing a claim will be a property transaction carried out in good faith on your part, which, however, did not allow you to take ownership of the car. The pre-trial actions you took did not lead to the result you expected.

And all warnings that your ownership rights were transferred to you by law were ignored by the seller of the property.

The basis may be your claim to own the car after the death of its owner or after a divorce . In any case, you must have arguments to support your claims to ownership.

The jurisdiction of this issue is within the competence of the arbitration court of first instance at the location of the car dealership or at the place of residence of the car seller, that is, the person who will be indicated in the statement of claim as a defendant. For more information about the order of inheritance, see here.

Writing a statement

The statement of claim must be drawn up in accordance with the task that you set - to recognize your ownership rights. In litigation proceedings, this issue is one of the most controversial when the question is raised in relation to improperly transferred (not transferred) rights to own a vehicle.

The fact is that the plaintiff often goes to court in search of restoration of justice , punishment of fraudsters, or recognition of a transaction as invalid. Judicial practice knows of numerous cases where purchased cars were sold en masse to the population without technical passports, which did not give ownership rights to the defrauded buyers.

In one of the special cases, it turned out that the regional dealer did not return the money received from the transactions to the supplier, and according to the agreement, the title was sent only after the sale of the cars.

The victims en masse filed similar claims demanding the provision of a title, but since the supplier acted in accordance with the contract, the documents were not provided, the dealer was accused of fraud, and the transaction was declared illegal and the cars were confiscated.

This illustrative case became the subject of in-depth analysis and determined that the whole problem of an unsuccessful initiative in asserting ownership rights was solely that the claim distorted the true interests of the citizens who purchased the car.

In a similar case, when writing a statement of claim, the entire process of the scam that was carried out against you must be succinctly and essentially stated in the main part of the statement of claim, and in the final part, the reason for the claim must be the restoration of ownership of the vehicle . In practice it will look like this.

After you have stated the reason why you consider the right to claim ownership of the vehicle (with a full indication of its value and available characteristics), indicate the reasons that prevent this. List the provisions of the articles of the Civil Code of the Russian Federation on which your claim is based.

Next, in a line below in the middle of the sheet, write in large print: “PLEASE:”. And even lower: “recognize my ownership of the above car.” If you are seeking recognition of ownership, there should be no other wording in your statement of claim.

Exclude from the application all unnecessary and lengthy information , rely only on facts that can be supported by evidence.

Sample statement of claim for recognition of ownership of a car.

Evidence base

It should include various kinds of certificates, acts and other confirmations:

1. The fact that the vehicle was purchased or otherwise received by you in good faith and openly.
2. That there was an appropriate agreement between you and the person alienating the vehicle in your favor, confirming your eligibility to receive the car.
3. That you received the right to use the car and used it, or the vehicle is under your control at your place of residence or located at your discretion.

Written documents will be preferred.

In their absence or in addition to them, you can use testimony presented in writing or through oral testimony in court.

Required documents

In addition to the evidentiary documents, the application must be accompanied by the necessary package of documents. It should include:

1. Available technical documents for the car.
2. Purchase and sale agreement or other title document.
3. A receipt for receipt of money by the defendant.
4. Certificate of inheritance or divorce (if necessary).
5. Other documents relevant to the case, such as a general power of attorney.
6. Power of attorney for a representative (if necessary).
7. Receipt for payment of state duty.

The fee is paid in the amount of 200 rubles , in addition to which an additional fee will be required in accordance with the fact that the claim is of a property nature. It is calculated as a percentage of the declared value of the car.

You have the right to indicate in the statement of claim a request to recover the fee you paid from the defendant. This part of the claim may be satisfied at the discretion of the court.

You need to act immediately, almost immediately after you become aware that you have been deprived (have not acquired) ownership of the car. The statute of limitations on this issue is 1 year.

In some cases, if more than 1 year has passed, you have the option to renew the statute of limitations for good cause or ask the court to consider your claim based on the general statute of limitations, which is 3 years.

The outcome of the trial plays an unprecedented role. If the decision was positive, you will completely rehabilitate your situation and, based on the extract received, register your ownership with the traffic police.

What is illegal possession of someone else's vehicle?

Wrongful taking of another person’s car is the actual possession of a vehicle by a person who does not have the right to use and own this property.

Depending on what goals the offender is pursuing, his actions can be regarded as theft of someone else’s property, which entails liability under Article 158 of the Criminal Code of the Russian Federation, as well as theft - Article 166 of the Criminal Code of the Russian Federation.

When you shouldn't count on a positive answer, what should you do?

You should not expect a positive response if you purchase a stolen car. No court will recognize the right to such a car. Therefore, many lawyers agree that filing a lawsuit in this case is pointless. Other experts argue that you need to go to court and prove your own integrity.

Considering the low probability of a positive court decision, it is recommended to file a claim not for recognition of ownership of the car, but for termination of the purchase and sale agreement or declaring it invalid. In this case, it is easier to return the money spent than to take possession of the vehicle.

Definition of concepts

Recognition of ownership of a car is a procedure for compensating (correcting) missing links in the legal process when carrying out a purchase and sale transaction, exchange or donation. In some cases it is required under other conditions:

• in inheritance litigation;
• when dividing property between spouses;
• if documents are lost.

Typically carried out as a result of an administrative or judicial order. Resolving the issue through the courts is the most effective way to obtain justice for your property.

But the court will not accept your statement of claim until the situation with your problem and the possibility of resolving it exclusively in court becomes obvious. This applies both to a claim for recognition of ownership of an unauthorized construction, and to a claim for recognition of ownership through privatization.

As an example, let’s consider such common situations that massively cover the automotive market. The car owner sells to the buyer a car provided not with a technical passport, but with:

• a copy of the PTS;
• duplicate PTS.

Subsequently, he promises to return the original or claims that the document is lost. After purchasing a car, the new car owner will be faced with unpleasant surprises, which indicate that, for example:

• the loan for the car has not been paid;
• it is the subject of collateral value;
• ownership of it is disputed by third parties;
• other cases of illegal sale of vehicles.

In other cases, problems arise after the car is sold (transferred) under a general power of attorney, as a result of which the car owner retains the right to use it without the right to dispose of the vehicle.

Some car owners, after completing the transaction, refuse to deregister the car , which does not allow the new owner to properly register the vehicle.

The most common cases of illegal sale of a car are when purchasing it secondhand. However, there are situations of fraud or errors when making a purchase - in car dealerships.