DKP what is it decoding

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.

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.

Features of PrEP in real estate transactions

A purchase and sale agreement is a broad concept; moreover, such agreements can be either oral or written. We enter into PrEP every day, for example, when shopping in a store or at the market.

A special feature of the DCT in real estate transactions is that such an agreement must be drawn up in writing. There are no exceptions. Only on the basis of a document signed by the parties will Rosreestr register the transfer of ownership from the seller to the buyer.

At least two parties take part in a monetary policy transaction. But additionally, trustees representing someone’s interests may be included.

It is possible to buy an apartment using DCT from both an individual and a company

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?

The seller has the right to independently print out two copies of the contract and, if necessary, make his own adjustments to it. The main thing is that the terms of the transaction suit both parties and do not contradict current legislation.

The transaction itself usually goes according to the following scenario:

1. The seller and buyer agree on the date, time and place of inspection of the car. At the appointed time, the parties meet, the buyer inspects the car. If necessary, he can ask for the vehicle to be checked at a car service center, but the owner is not obliged to pay for it. By mutual agreement, inspection is usually carried out at the expense of the buyer.
2. A purchase and sale agreement is concluded. If the parties are satisfied with everything, this document is drawn up. It must comply with the law and must contain the signatures of both parties.
3. A transfer and acceptance certificate is drawn up. It serves as an annex to the PrEP.

As a result, the buyer and seller should each have one copy of the DCP and the acceptance certificate. Anyone can fill them out (in terms of content), but the documents must have real signatures of both parties.

During the transaction, the owner is obliged to provide the buyer with documents for the car - PTS and STS. If the car is being sold by a third party, you will need a notarized power of attorney. A stranger has no right to dispose of someone else’s property without a power of attorney; such transactions are illegal.

Let's look at a practical example:

A woman is selling a 2007 Daewoo Matiz car. for 100,000 rub. Having found a buyer, she agreed on a date and location for the inspection. At the meeting, the buyer examined the car, asked her about the shortcomings and other nuances: fuel consumption, oil, date of last service, etc. As a result, he was satisfied with everything, and they signed an agreement, which the woman printed out in advance and checked at home.

Also attached to the contract was an acceptance certificate for the vehicle, confirming that the buyer was informed about the condition of the car and has no claims against the seller.

Recommendations for drawing up a contract

If you follow the main recommendations for filling out the DCP, completing it will be as easy as shelling pears:

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• Fill out the main part of the contract in advance, where the details of the parties or information about the car are indicated. You may not have the buyer’s passport details, but you can look up information about the car in the PTS and STS. This will reduce the time it takes you to complete the document in the presence of the buyer;
• Clearly write down all data from the PTS and STS. This will allow you to avoid mistakes and challenging the document;
• If there are blank lines in the contract, it is better to put a dash or the letter “Z”. If this is not done, an unscrupulous buyer may subsequently enter incorrect information not in your favor.

If a buyer offers you a pre-printed contract, you should study it very carefully so that it does not put you at a disadvantage. The same applies to the buyer, who is asked to sign a document prepared in advance by the owner.

Contract time

Some people mistakenly assume that a purchase and sale agreement is valid indefinitely.

In fact, it all depends on the specific situation:

• The buyer is given 10 days to register the car with the traffic police. If he does not do this and violates traffic rules, fines will automatically be sent to the old owner. He, in turn, can contact the traffic police to deregister the car, and then registering it will be problematic;
• 3 years from the moment the party became aware of the violation of rights are given to challenge the contract in court. This period is relevant for both the seller and the buyer.

An important point: within 10 days after the purchase and sale transaction is completed, the new car owner can drive without registration of compulsory motor liability insurance. If he is stopped by traffic police inspectors, it will be enough to present a contract, which must indicate the date of registration.

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.

Purchase and sale of a vehicle

According to the contract of ownership of a car, its owner undertakes to transfer ownership of it to the buyer. And he undertakes to accept it and pay its cost.

Such an agreement is concluded in writing and does not need to be executed by a notary. The fact that the transfer of the car from the seller to the buyer has already occurred is recorded by signing the transfer and acceptance certificate.

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.

What is PrEP?

Sales and purchase agreement (PSA)

- a legal agreement that the seller will transfer to the buyer the right to a specific thing that is the subject of the contract for payment in an agreed amount and on specified terms.

DCT for real estate is required for purchase and sale transactions of housing for which ownership was previously registered. This could be an apartment on the secondary market, as well as housing in a new building that the developer has already put into operation. Similarly, the DCP is drawn up for transactions with land plots, buildings, structures, etc. The seller/buyer under the DCT can be either an individual or a legal entity.

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.

How to apply for a policy

Most often, it is made as a form on a printer and then filled out with a regular ballpoint pen. It must contain all the passport data of the owner of the car, as well as the new owner, all information specified in the PTS about the car, STS number, engine type and power. At the end of the contract, the exact amount and confirmation of the transaction must be indicated. You can confirm such a transaction by putting your signature and date. The city and date must be indicated at the top of the contract.

It is not at all necessary to adhere to any guests when decorating. It is enough to simply enter all the necessary data and indicate that a contract is concluded between the seller and the buyer, which implies the transfer of ownership of the seller’s vehicle to the buyer, naturally, after the transfer of money.

To make it more convenient for you, we have created for you a sample of such an agreement that you can safely use when selling a car.

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.

Documents required for registration of vehicle registration certificate

To correctly draw up such an agreement, you need to have a number of documents with you:

1. The vehicle's passport, which must contain a note indicating that the traffic police deregistered it.
2. Passports of the seller and buyer.
3. When the seller and the owner are not the same person, he needs a power of attorney issued by the owner of the vehicle so that he can complete the transaction for the sale of the car.
4. If the buyer does not intend to purchase the car as his own, then he should also take care of obtaining a power of attorney for its purchase from the person who will become the new owner.
5. If an agreement is concluded on behalf of a legal entity, the employee who carries out the transaction is required to obtain a power of attorney from the company for the purchase or sale of a vehicle, and also take with him the passport and seal of the organization to affix it to the agreement.

Next we will talk about the information that must be included in the car purchase and sale agreement.

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.

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.

What is a purchase and sale agreement?

A purchase and sale agreement is a document confirming the completion of a transaction between the buyer and seller. According to it, the owner (seller) undertakes to transfer the car to the buyer within a specified time frame. The latter must transfer the agreed price of the car or transfer it to a bank account.

Based on the DCT, the new owner subsequently registers the vehicle, having previously issued compulsory motor liability insurance. Without a contract and insurance, it will not be possible to register the car.