Today, people who have never encountered the purchase or sale of a car, at least indirectly, are quite rare. There are several ways to get the car you want.
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This is a purchase at a car dealership, a purchase at a car market using a purchase and sale agreement, and also receiving a car as a “gift” if someone enters into a gift agreement with you. There is another option to get behind the wheel of a car - to issue a so-called general power of attorney.
Why use a general power of attorney for a car with the right to sell?
Registration of a car is quite a troublesome and often problematic task, and it follows that quite often registering in this way is the only possible way to sell a car.
Let's consider these cases in a little more detail:
- This approach is often used as a way to simplify the registration procedure; no deregistration is required; the buyer will then do everything himself. However, you will agree that the method is quite dubious and raises a number of questions.
- This method of registration is very popular among the so-called “outbids”. Here the situation is much clearer, because in fact everyone knows perfectly well how their “business” works, and therefore unnecessary questions do not arise. The danger is that they can resell the car in exactly the same way, and from that moment a series of problems can begin.
- Cars with problematic documents. The most common is the so-called eternal registration, when it is simply not possible to re-register a car. In this case, using a general power of attorney is one of the few options.
What rights are transferred under a general power of attorney?
It is better to trust the drafting of a document to a notary office, where it will be done more competently and without pitfalls.
Most often, when drawing up a power of attorney, the buyer receives the following rights:
- The right to drive a vehicle.
- The right to dispose of a car, including selling, exchanging, leasing, mortgaging, etc.
- The right to carry out maintenance and control the technical condition of the vehicle.
- An authorized person can actually act as a representative of the principal in various government agencies, for example, in court, police, traffic police, etc.
- The right to carry out car insurance without any restrictions is also included.
- The authorized person has the right to pay taxes and fines for the car.
It is also possible to trace a pattern according to which, after signing the documents and their certification, the buyer has obligations that, unfortunately, are not always fulfilled in good faith.
How to issue a power of attorney for a car with the right to sell?
It is quite possible to draw up the document yourself, or you can contact a notary’s office. In both cases, notarization will be a mandatory condition that cannot be neglected.
To prevent confusion, the text indicates the passport details of the parties, information about the vehicle and, of course, prescribes all the actions that the power of attorney allows for with the car. The sale of the vehicle must also be separately agreed upon.
Required documents
To carry out the certification procedure, the following documents will be required:
- Vehicle owner's passport.
- Passport of the authorized person, in this paragraph it is allowed to use a copy.
- Vehicle registration certificate
- Vehicle Passport
Duration of validity of a general power of attorney
The maximum validity period of such a document is three years. However, in exceptional cases, its validity period may be terminated in advance. All of them are stipulated by current legislation and are not subject to challenge.
If the validity period of the document is not specified in the text, then the general power of attorney will be valid only for one year. If the specified period exceeds three years, then this document is automatically invalid and has no legal force.
Let's consider the options for premature termination of a document in more detail:
- Revocation of a power of attorney by the principal. This can happen for various reasons, and when buying a car, this possibility is the greatest risk for the buyer.
- Death of the owner of the car, and in this case, the principal. By the way, this applies not only to automobile powers of attorney, but to all powers of attorney in general.
- Termination of a power of attorney on the initiative of the trustee
- Death of a trusted person. Property used by power of attorney is not subject to inheritance.
- The principal or proxy was declared missing or incapacitated by the court. In such a combination of circumstances, the property is also subject to return.
Cost of document preparation
The amount that will have to be spent on notarization of a power of attorney can also be different, for example, today the prices of notaries are as follows:
- If the document was drawn up independently and the notary is only required to certify it, then such a procedure will cost 400 rubles.
- Drawing up a power of attorney with a notary will cost 800 rubles for individuals and 1,200 rubles for legal entities, while certification will also cost 400 rubles.
Sample of drawing up a general power of attorney
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A general power of attorney has a clear structure, which necessarily contains the following points:
- Principal's passport details;
- basic parameters and technical data of the vehicle;
- data of the authorized person;
- date of preparation and validity period of the document;
- signature of the car owner.
Possible risks when issuing a power of attorney for a car
Selling a car by proxy involves a large number of risks, both for the buyer and the seller, which is why, before carrying out such a transaction, you need to carefully weigh the pros and cons and make an informed decision.
Disadvantages for the seller
Due to the fact that there is no procedure for re-registration of the vehicle in the traffic police, the car still remains the property of the seller, which can lead to the following negative consequences:
- If the buyer is not responsible and does not re-register the car in his name, the annual tax will be paid by the seller, since in fact the car is his property.
- In the same case, if the vehicle is not re-registered in accordance with the current procedure, fines from the cameras will also be sent to the actual owner, and therefore, in case of an unscrupulous buyer, you should prepare for packs of “chain letters”.
- In the event that the buyer continues to drive by proxy and commits an accident, or the car is found to be involved in other illegal actions, the first person to whom questions will arise is the owner. In this case, as a rule, there will be no liability for the seller, but a lot of time and nerves will have to be spent.
Disadvantages for the buyer
The buyer also risks putting himself at risk.
For example:
- There is a fairly high probability of buying a car of dubious origin. In particular, the vehicle may be wanted, pledged, or the body number may simply be different than that indicated in the documents.
- In the event of the owner's death, the power of attorney is considered invalid and the vehicle passes to the heirs
- Also, a car that was sold by power of attorney may be jointly acquired property, which is subject to division in the event of a divorce.
- If the seller has debts, then the bailiffs may completely seize the vehicle, because in fact, it is the property of the debtor.
- The owner has the opportunity to revoke the power of attorney without giving reasons.
- If the buyer dies, his relatives cannot claim the car as an inheritance, and the vehicle must be returned to the seller.
Main aspects of a perpetual document
Long-term practice shows that most often a power of attorney is issued for a period of 3 to 5 years . But as noted above, from September 1, 2013. It became possible to register without specifying a validity period. It is convenient because you do not need to visit the notary again after a certain time and pay for his services.
In addition, due to any circumstances, there is always the possibility of revoking it. Thus, after the recall procedure, the representative will lose his rights and powers. The validity period of a power of attorney, which was issued by way of subpoenaing, cannot be longer than the term of the main one.
Upon expiration of the main one, the second one will automatically lose its legal force. In addition to the revocation of a power of attorney, it may lose its force in the following situations:
- Death of the principal.
- Death of a trusted person.
- Recognition of the principal as incompetent.
- Recognition of the trustee as incompetent.
- One of the participants was declared missing.
- Reluctance of the trustee to represent the interests of the principal.
The validity period of powers of attorney may differ depending on their type. Read about how long a power of attorney can be issued for a child to travel abroad.
So, if we omit all the details and nuances, then we can say that the validity periods of a power of attorney for a car, established by the legislation of the Russian Federation, do not have minimum and maximum periods and are determined at the request of car owners.
How to cancel a general power of attorney?
Due to certain reasons, it is sometimes necessary to revoke a general power of attorney; it is worth taking a closer look at the procedure that will need to be carried out:
- First of all, you should contact a notary; if you still make a final decision, then be prepared that the cost of such a procedure will be more expensive than the cost of directly drawing up and executing the document.
- The peculiarity is that it is advisable to contact the same notary office where the document was registered, although another notary office may well be able to provide you with such a service. The difficulty lies in the fact that the notary who carried out the registration cancels the power of attorney in the register, and such a seemingly formality takes quite a decent amount of time, and this is often quite an important factor.
- After submitting an application to terminate the power of attorney, you should notify everyone who is affected by this document in one way or another. At the same time, you are not obliged to explain your actions; termination of the document is exclusively your right, which no one can influence. It is noteworthy that it is necessary to notify in a way that can later be easily proven in court, because the obligation to notify the trustee about the termination of the document lies with the principal, and not with the notary.
Minimum and maximum period
What is a simple power of attorney for a car, and what are the rules for its execution? There are special forms for this document that can be purchased at a regular newsstand or downloaded from a specialized website on the Internet.
It is even possible to write it by hand on plain paper; it will still have legal force without certification by a notary office. However, certain rules must be followed when drawing up. The standard form must indicate the following:
- FULL NAME. owner of the vehicle (principal).
- FULL NAME. the person to whom the vehicle is entrusted (trusted person).
- Passport details of the above participants.
- Vehicle data (state registration plate, vehicle registration certificate data, engine number, body number and other characteristics from the technical passport of the vehicle).
The legislation of the Russian Federation does not provide for an indication of a specific period of validity for management. This means that the principal may or may not indicate the period for which he delegates authority to another person regarding his car. In the latter case, in accordance with Article 186 of the Civil Code of the Russian Federation, it will be equal to one calendar year.
The date of issue of the document must be indicated. When there is a condition under which the power of attorney cannot be valid for more than a certain period of time, you should understand from what date the report will be issued. Therefore, a document without a date will be considered invalid. Since the minimum term of a simple power of attorney is not established by law, it can be absolutely anything.
REFERENCE! If previously the maximum validity period of a power of attorney was three years, then from September 1, 2013. new rules came into effect. They make it possible to set any term and even make it indefinite.
These changes were introduced by the Federal Law of May 7, 2013 N100-FZ “On Amendments to Subsections 4 and 5 of Section One and Article 1153 of Part Three of the Civil Code of the Russian Federation.”
Sample form of general power of attorney for a car
A general power of attorney for a car must be drawn up in writing and signed by the principal himself and directly by the notary who works with the document. The power of attorney must indicate the date and validity period of the power of attorney; you can familiarize yourself with the form below.
To summarize, I would like to note that from a legal point of view, completing a transaction using a general power of attorney is not the best option for both the seller and the buyer.
It is more advisable to conclude a standard purchase and sale agreement, under which the chances of getting into an unpleasant situation for both the buyer and the seller become significantly lower. However, in certain moments, the use of such legal action is beneficial, but at the same time, both the principal and the authorized person, as a rule, are not random people to each other, which reduces risks to a minimum.
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Didn't find the answer to your question? Find out how to solve exactly your problem - call right now: +7 (Moscow) +7 (812) 309-53-42 (St. Petersburg) It's fast and free!
Appointment of power of attorney and validity period
The authorized person for whom the general power of attorney for the car is issued can be either an individual or an organization. The powers that the trustee has in this case include:
- Possibility of registering and deregistering a vehicle with the traffic police;
- sale;
- exchange;
- the opportunity to donate a vehicle to a third party.
In cases where entrustment to a third party occurs, this fact must be recorded in a general power of attorney.
Like other types of power of attorney for a car, a general power of attorney is concluded by default for one year (unless a different period is indicated in a special column of the document). The maximum period is three years.
In addition to the validity period of the power of attorney, its text must also indicate the date of preparation, from which the countdown begins. In the case of ordinary one-time powers of attorney, this point is sometimes missed by the parties due to inattention, which can cause problems in controversial cases, since a power of attorney without a date of execution is invalid.
A general power of attorney for a car eliminates such a mistake, since this document is subject to notarization, and the notary, in turn, will definitely check the fulfillment of this condition before certification.
