Potential clients often ask: is it possible to buy a car with a so-called “registration ban”?
This is an important and relevant question in our time. Given the deplorable financial situation of a large segment of the population, government services use the imposition of a ban on a person’s property as one of the ways to bring citizens of the Russian Federation who are debtors to justice. Bailiffs have the right to impose it not only on a car taken on credit, but also on any other vehicle that belongs to the debtor. Other cases of imposing a ban on registration actions may include both the car itself and incorrect actions of the owner.
How to sell a car quickly
- 1. Application for sale Call us at +7 (926) 105-55-56 or leave an online application, managers will contact you shortly and preliminarily evaluate the car.
The visit of an appraiser is free, around the clock. - 2. Car assessment
Our specialists will come to the place you specify at any time or come to our office yourself. The expert will tell you the maximum price for your car.Inspection and assessment of the car is free of charge.
- 3. Get paid!
Full payment occurs immediately after the conclusion of the contract. You are guaranteed to receive the money immediately, in cash or on a card.
What is a ban on registration actions?
This wording refers to the restriction of the right to register a car with the traffic police. As a rule, such a measure is imposed by bailiffs for the debts of the car owner to the state: non-payment of taxes, alimony, loans, utilities, etc. Since the ban is imposed only on the alienation of the car, it is permitted to use it. That is, in theory, of course, you can buy such a car and drive it without going through the registration procedure. But, believe me, difficulties will not keep you waiting long. And there are many of them. We asked an expert, lawyer Sergei Radko, to comment on each case.
What is a ban on the sale of motor vehicles?
A ban on the sale of a car is a preventive measure that is used by certain authorized bodies and does not give its owner the right to carry out a sales transaction. An arrest is imposed if the owner of the vehicle has an outstanding debt, has committed a number of offenses or has failed to fulfill certain obligations.
It is worth noting that the prohibition measure does not apply to the sale transaction itself, but directly to the removal and further registration of the car. Based on this, you can understand that it is actually possible to sell a car, because in fact, in such a transaction, only an agreement or a power of attorney is drawn up by a notary, and a visit to the traffic police and registration of the car is not provided.
IMPORTANT !!! But, in the future, when the person who bought the car nevertheless turns to the traffic police to register the car, an unpleasant situation awaits him. Carrying out such a sale is illegal and if a person intentionally sells a car, then this is already fraud.
Difficulty 1. Problems with insurance payments
You can insure a car with a ban on registration actions, for example, through an agent. You don't have to own a car to do this. In this case, you will simply receive the status of “Insured” under the MTPL/CASCO policy. Another question is that your chances of getting money for repairs in the event of an accident are 50%. It all depends on who the insurance company’s security service considers to be the owner of the car: the one who has the purchase and sale agreement in hand, or the one for whom the registration documents are issued.
How to sell a car with a registration ban?
Our company carries out the purchase of cars with a ban on registration in Moscow and other cities of the Moscow Region. We pay close attention to the legal aspect of the transaction and are responsible for the quality of the services provided. We deal only with official transactions, and if you need help in purchasing “forbidden” cars, contact our specialists.
To use our services for buying a car under a registration ban, you need to do the following:
- Fill out a special form on our website or request a call back, our specialist will contact you within 10 minutes.
- Provide a technical description of your vehicle, following the prompts on the form or the operator's advice.
- If possible, be sure to voice or write the reason for the ban on your car.
The final amount of the transaction will be presented to the client after a complete and detailed diagnosis of the car, which our company carries out free of charge upon first contacting us. This will be followed by a search for the reason for the ban, a proposal for a way out of the situation and payment of the debt, after which it must be lifted. If the parties have agreed to complete the transaction, then they enter into an agreement, after which the transaction is usually closed 2 hours after submitting the application.
Lawyer's opinion
Sergei Radko, lawyer for the motorists movement “Freedom of Choice”
Sergei Radko, lawyer for the motorists movement “Freedom of Choice”
If an insured event occurs, you may be denied compensation. The damage is compensated to the owner, but formally he is the previous owner of the car - you didn’t register it with the traffic police. Representatives of the insurance company may ask you to show documents for the car, and they indicate the owner of another person. Therefore, he will be paid
Difficulty 2. The car may be taken away
And on legal grounds. Let's say you bought a car with a registration ban and did not register it with the traffic police. The ban was imposed due to the car owner's debts on a loan. He has nothing to pay him, the debt is accumulating. At some point, the creditor gets tired of this situation, and he turns to bailiffs to initiate the process of foreclosure on the debtor's property. In this case, the ban on alienation develops into a ban on disposal of the car. Moreover, it may not have been pledged to the bank. In short, the consequences are very serious.
What to do if the ban is not lifted?
Lifting the ban on car registration usually involves paying off the existing debt. The process can be performed by the seller of the car or by the buyer who wants to quickly register the car in his name.
Often, even after paying off all debts, the encumbrance is not removed. This is usually due to bureaucratic difficulties, since funds often reach the FSSP within three days or more.
To promptly remove the encumbrance, it is recommended to independently contact the contractor with payment documents confirming the payment of the required amount of funds. The bailiff then issues a certificate to the applicant indicating that the ban has been lifted. The information is transferred to the traffic police database, so the car buyer can register the car.
Lawyer's opinion
It is important to understand that the seller himself is not interested in lifting the ban - he has already received money for the car. Running to the bailiff and persuading him to lift the restriction is now your concern. And the bailiff will say: “Sorry, but within the framework of this enforcement proceedings you are not one of the parties. You are not a creditor, not a debtor. That’s why I won’t even talk to you.” And, in fact, he will be right.
- The car is pledged to the bank
Here the situation is even more clear. If a car is prohibited due to the fact that it is pledged to the bank, then according to the contract the owner does not have the right to alienate the car. In addition, in this case the bank also contains the car’s title. True, sometimes the owners of such cars manage to get a duplicate on the grounds that the original is supposedly lost.
Ban concept
The ban on registration actions is represented by a special restriction imposed on the car. Due to its presence, the buyer simply will not be able to register the car with the traffic police. Only the owner can use such a car. He does not have the right to enter into various transactions whose purpose is to change the owner.
The ban restricts a citizen’s rights to dispose of property, but at the same time it is possible to use it for its intended purpose. The driver can drive a car and drive on the roads of the country, but cannot re-register it to another person.
Lawyer's opinion
According to the law, such a transaction is not valid. That is, even if you draw up a purchase and sale agreement, ownership of the car will not transfer to you. In this situation, nothing can be done until the debt to the bank is repaid.
- The car is the subject of a property dispute
In this case, a ban on registration actions is imposed by the court - so that the car is not sold until a final decision on the ownership or division of property is made.
How is a car registration seizure lifted?
If a car owner wants to sell his property, he must first make sure that there are no encumbrances on the car. If a ban is discovered, it must be lifted. The process is carried out only after the bailiff's demands have been fulfilled or at the end of the trial.
If the reason for the ban is the presence of debts, then you will have to arrange a debt restructuring or completely repay the debt, after which the payment documents are transferred to the bailiff. Often, restrictions are imposed by several bailiffs at once on different matters. In this case, you will have to solve all the problems, and only then sell the car.
In line please...
Buying a car with a registration ban is always a lottery. If you are lucky, you can save a couple of hundred thousand rubles and drive such a car “on a bird’s license” for a year or two. Otherwise, you may be left without a car and without money. Moreover, trying to terminate the purchase and sale agreement is most often pointless. Well, they will oblige you by court to transfer the car to the previous owner, and he will be obliged to return the purchase price to you. You don’t think that a person who already has an impressive amount of debt behind him will rush to transfer money to you first? So welcome to the recovery club!
What should those who buy a prohibited car do?
To begin with, do not rush to think about the worst and curse the previous owner. There is a high probability that the ban was imposed for a harmless fine of 500 rubles, which the owner simply forgot about. In this case, you will simply need to pay this fine (it’s a shame, of course, but you must admit that this is not the worst thing!), take the necessary papers confirming the lifting of the ban, and provide them to the traffic police. We will tell you more about the procedure for freeing a hostage car in the next chapter.
It’s another matter if the ban was imposed as a result of a court decision , in which the car should have been confiscated from the previous owner. For example, the court assigned a car to a wife after a divorce, and the husband had to return it to her, but he decided to sell it. Difficulties may also arise in a situation where the car was pledged as collateral for the purchase of property.
Of course, in these cases things are much worse, but do not despair ahead of time. A car with a registration ban is not always a death sentence .
By the way, I would like to add that you may encounter the following situation. You bought a car without checking it for cleanliness. When you tried to register it, you were refused. First thought: . ” However, after finding out, it turns out that the ban was imposed due to a minor fine, which, by the way, was paid several years ago. But the writ of execution authorizing the lifting of the ban on the car did not reach the traffic police. All the new owner needs to do in this case is to provide the paper to the traffic police officers .
Lawyer's opinion
In my opinion, a car with a registration ban is not at all interesting for purchase. Regardless of the reason for which the restriction was imposed. Unless you buy a car for a couple of thousand rubles to drive in a deep forest or in an open field, and then crash it safely. Otherwise, what to do next with such a machine? You cannot register it for yourself. Sell or donate - too. Driving it, knowing that today or tomorrow it will be put on the wanted list in order to sell it at auction to pay off a debt, is, in my opinion, a dubious pleasure.
Why can't you sell a car that is banned?
Here are some reasons for imposing a registration ban on a car:
- Failure to comply with the requirements during customs clearance, violation of customs clearance rules.
- Errors when filling out documents, especially when it comes to matching the VIN number.
- An open court ruling on a vehicle or a legal dispute where the subject of the dispute is your car.
- Failure to pay fines to the traffic police.
- Refusal to pay alimony.
- Credit debts.
- Utility debts.
- Other reasons that contradict the current legislation of the Russian Federation.
Selling a car with a ban can be very difficult, but by no means impossible. If you contact Autoalliance, our experts, who specialize in these types of transactions, will help you facilitate the process of buying or selling a car and bring the transaction to completion. There are often cases when the buyer completely trusts the seller and enters into a deal without regard to the legal history of the car. And when the time comes to register the vehicle, he learns from the traffic police that it is not possible to do this.
As a result, the buyer spends his savings to buy a car, but he cannot legally own it, and government services are powerless. If you let the situation take its course, in the future your car will be subject to a special type of seizure, which prohibits further operation of the vehicle.
