The power of attorney for the purchase of a car is filled out in two copies. It is possible to fill out the document in triplicate if you involve an intermediary in the transaction or want to have the contract certified by a notary. In this case, each party remains in possession of one copy.
A power of attorney for the purchase of a car is used when the buyer cannot be present at the transaction for any reason. The situation is common among car owners who do not have a license to drive vehicles, as well as when purchasing a car in another city or region.
The page provides a sample document “Power of Attorney for the purchase of a car” with the ability to download it in DOC format.
What type of document is used to purchase a vehicle?
A power of attorney is a document that allows you to act or represent another person. Depending on the powers that the trustee will have, it can be of several types:
- general - the authorized person is vested with the maximum range of rights and powers regarding the vehicle;
- special - issued in cases where a person is required to perform a number of similar actions;
- one-time - the attorney will be able to perform the action specified in the power of attorney once.
The last option for purchasing a car is a one-time power of attorney. The principal can formalize it in simple written form. It must list all the actions that the authorized person can carry out on behalf of the principal, for example, concluding a purchase and sale agreement, registering a vehicle with the traffic police, issuing an insurance policy.
The law does not oblige the authorization to purchase a car to be certified by a notary, but the person issuing it can do so at his own discretion. General provisions on power of attorney are regulated by Art. 185 of the Civil Code of the Russian Federation (Civil Code of the Russian Federation).
Drawing up a power of attorney correctly
The trust document for the purchase of a car is written in free form . It must include information about the principal, authorized person and a list of powers transferred to the representative under the document. The document indicates the validity period; in its absence, the power of attorney is valid for 1 year ( Article 186 of the Civil Code of the Russian Federation ).
The date of discharge must be indicated . In its absence, the power of attorney is invalid. The document is certified by the signature of the principal.
Necessary details for drawing up a power of attorney for the purchase of a vehicle
There is a certain procedure for drawing up and filling out powers of attorney and a list of required details:
- place of drawing up and signing of the power of attorney;
- date of drawing up and filling out the next legal document;
- personal data of both parties signing the power of attorney for the purchase of a car (last name, first name, patronymic, series, passport number, which institution issued it and date of issue);
- residential address of the first person and the second person involved in drawing up the power of attorney and transferring authority to purchase the vehicle;
- rights and powers transferred to a second person by power of attorney;
- the validity period of the legal document and the powers of the second person under the power of attorney;
- registration in the register of powers of attorney.
In what cases is notarization required?
According to paragraph 1 of Art. 185.1 of the Civil Code of the Russian Federation, a power of attorney must be certified by a notary in cases where a transaction will be made under it, which must necessarily have a notarial form. Buying a car does not apply to this type of transaction, so it is enough to draw up a document in simple written form and include all the necessary points in it.
But, as practice shows, if the permit is not certified by a notary, difficulties may arise when registering a car with the traffic police. Authorities, citing internal regulations, demand to provide a document with a notary’s mark. In this regard, many, in order to avoid unnecessary problems, initially draw up a power of attorney with a notary, but the legislation says nothing about such an obligation.
Powers of attorney executed in the order of subpoenaing are required to be notarized, that is, the attorney transfers his powers to another person (Clause 3 of Article 187 of the Civil Code of the Russian Federation).
If the buyer of a car decides to issue a general power of attorney to an attorney, the terms of reference of which include the purchase of a vehicle, then such a document must be notarized.
If the transaction is carried out outside the country, and the buyer transfers authority to purchase and transport the vehicle, then notarization will be required, since permission in simple written form will not be accepted at customs.
What are the advantages and disadvantages of buying a used car by proxy?
The main advantage is that such a deal saves buyers money, time and effort, that is, you avoid the bureaucratic side of the sale and purchase, re-registration of the car, changing license plates and other components.
There are quite a lot of negative sides to a “transaction based on trust”, and before you buy a car using this method, familiarize yourself with all the risks that Autocode has prepared for readers:
- The owner of the car can revoke the power of attorney at any time and return the vehicle back. The buyer, in turn, can go to court to return the money if a receipt for the transfer of money has been preserved. But this will also take several months and require the assistance of lawyers, which also entails large expenses.
- It is worth paying attention to one more risk when buying a used car. In the event of the death or incapacity of the owner of the car, the power of attorney ceases to be valid, and the vehicle becomes the object of inheritance by relatives of the legal owner. And the buyer loses his money along with the car.
- When purchasing, you should also take into account the validity period of the certified document (maximum - 3 years, if the period is not indicated on paper - 1 year).
- If the legal owner is going to get a divorce, and the car is considered joint property, the buyer will also have to say goodbye to the purchased “iron horse”.
- The inability to independently file a lawsuit to compensate for damage caused by another driver in the event of an accident.
- Another risk that the buyer may face is the confiscation of the vehicle if the car is listed as stolen. To return the “iron horse” you will have to find the rightful owner and ask him to write a statement.
- If you want to avoid such a risk (make sure that the car you are purchasing is not stolen), use the Autocode service. To do this, go to the main page of the Autocode website and enter the license plate number of the vehicle into the search bar. Next, you can purchase a report with information about the owners, technical characteristics of the car you are interested in, as well as thefts, restrictions and other information about the car. Thanks to this, you will be convinced that the person “selling” you a car under a general power of attorney is not a fraudster. If you are a professional car seller, use the “Autocode Pro” unlimited car check service. “Autocode Pro” allows you to quickly check a large number of cars, add comments to reports, create your own lists of liquid vehicles, quickly compare options and store data about cars in an orderly form. A subscription to unlimited car checks costs 2,500 rubles per month.
- The inability to independently file a lawsuit to compensate for damage caused by another driver in the event of an accident.
Also read: Bargaining when buying a used car: how to reduce the price of a used car
What documents should I prepare for registration?
To draw up a permit to purchase a vehicle, you only need the passports of the principal and the authorized representative. The following information is transferred from the identity documents to the trust document:
- Full name of citizens;
- passport details;
- Date of Birth;
- registration address.
If the buyer has already decided on the product and knows what specific car he will purchase, then the power of attorney can indicate information about the car. In this case, you will need the details of your car passport or registration certificate. Such information is requested from the vehicle seller. If the choice has not yet been made, then no additional documents are required, and the principal can grant the right to purchase any car in the permit.
How should a trusted person act?
When the rights to purchase a vehicle are transferred to an authorized person, a purchase and sale agreement is required between the seller and the attorney. There are certain stages of the transaction:
- When coming to the meeting, the attorney is required to take the original document with him.
- The parties agree on the terms of purchase and sale of transport. It is advisable that the Seller discusses everything with the principal before the sale.
- The authorized person verifies the authenticity of the documents for the car provided by the seller.
- The purchase and sale agreement is completed.
- The agreement is signed by both parties. The attorney indicates that he is acting on the basis of a power of attorney, but does not become the owner of the vehicle after completion of the transaction.
- After all the formalities, the attorney hands over the money for the car, and the seller hands over the keys, transport documents and the car itself.
- The car is registered with the traffic police and handed over to the owner of the vehicle.
How to correctly draw up a written transfer of authority between individuals?
Let's look at how to draw up a power of attorney for a transaction to purchase a car from an individual to an individual. To purchase a car without being present at the transaction, the buyer will need to transfer the right to purchase to a third party. This procedure will consist of several stages:
- The buyer determines the person to whom he will transfer his authority to complete the transaction.
- The parties, having presented their passports, issue a power of attorney. The document can be drawn up in simple written form or certified by a notary.
- The attorney performs the action specified in the power of attorney.
If the parties do not contact a notary, then when drawing up a purchase permit yourself, you need to carefully check the contents of the document. It must contain the following information:
- place and date of signing;
- Full name, passport details, addresses of both parties;
- the rights and powers that the attorney will have under the document;
- personal signature of the principal, sample signature of the attorney.
If the parties do not contact a notary, then in the text of the document the fields where the vehicle identification data is entered can be left blank. When concluding a transaction, the attorney can enter them himself. If the document is to be certified by a notary, then there should be no empty fields, otherwise the notary will refuse to certify it.
In this case, indicate that the authority applies to the purchase of any car.
Registration of a power of attorney for the purchase of a car
A distinctive characteristic of a trust document for the purchase of a car is that often the trustor does not know what kind of vehicle will be purchased. The question arises of how to display an authority object in a document.
If an ordinary power of attorney, not certified by a notary, is given to an affiliate, then the fields intended for filling in the vehicle identification data can be left blank . The representative will enter the information after selecting the vehicle. In case of an error when filling out the document, it is better to write out two or three copies of the form.
But the notary will not certify an empty document. If notarization is necessary, the power of attorney states that the powers of the representative extend to any car purchased in favor of the principal. Below is a possible form of the document.
A completed sample power of attorney for the purchase of a car from an individual, followed by notarization, looks like this:
Documentation
powers of attorney:
- Sample power of attorney for the purchase of a car.doc (from individual to individual, option 1)
- Sample power of attorney for the purchase of a car.doc (from individual to individual, option 2)
- Sample power of attorney for the purchase of a car (from individual to individual, option 3)
- Power of attorney for the purchase of a car from a legal entity (from a legal entity to an individual, form to fill out)
- Power of attorney for the purchase of a car from a legal entity (from a legal entity to an individual, example)
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.
