A power of attorney is a document through which one citizen authorizes another to perform on his behalf the actions permitted by this paper. The scope of their application is not limited only to the field of jurisprudence (for example, representation in court). A power of attorney for the sale of a car is often executed and used by vehicle owners. This makes it possible to conduct a transaction without the participation of the owner, which in some situations is necessary.
What rights can this document give?
The most familiar type of power of attorney drawn up by vehicle owners is the right to drive a car. Usually, the authority of such a document consists precisely in granting the right of management without the right to take other actions.
With the advent of the possibility of transferring the right to drive a vehicle by issuing an insurance policy, the need for this type of document has significantly decreased. However, the person entered into the policy has the right to only drive a car, therefore, in order to expand the powers of the temporary owner of the vehicle, it is necessary to draw up a more serious document, for example, a general power of attorney.
Typically, the content of the general power of attorney allows the trustee to carry out the following actions:
- To drive a car.
- Sell, lease or pledge, that is, dispose of the vehicle at its discretion.
- Monitor the health of the vehicle.
- To issue an insurance policy.
- Represent the interests of the owner in the traffic police and in the courts.
- Pay fines and transport tax.
Such a wide range of powers requires notarization, so you can compose the text of the power of attorney yourself, but you need to contact a notary for certification.
Why is a proxy sale opportunity made out?
Quite often, the car owner draws up an authorization document in the name of the car purchaser in order to save time on the transaction processing procedure, which includes the steps to draw up the contract and compulsory motor liability insurance policy, passing the technical inspection, and paying the state duty. All this takes time, and the owner does not always have it, therefore, it is much easier to entrust the boring and long process to the buyer of the car.
How to issue a power of attorney to sell a vehicle?
The document can be written in writing independently, following the mandatory rules. It is enough to know the data of the person in respect of whom you are preparing the document. At the same time, the authorized person may not be present when drawing up the power of attorney for the sale of the car. Do I need to certify it with a notary? In order to give legal power to a power of attorney for the right to sell a car, it must be certified by an official authorized to testify such documents.
Certification of a power of attorney with one's own hand will cost a little cheaper than issuing a form of a document in a notary's office.
Documents to be provided to a notary
The advantage of a power of attorney for the sale of a car drawn up by a notary is that the document will be drafted legally correctly and it will reflect all the important points. The following documents will be required for registration:
- seller’s passport;
- passport of the authorized person (buyer);
- registration certificate for a car;
- passport of technical equipment.
Validity
The period during which the power of attorney for the sale of the car will be considered valid is established by the principal and is written in the document.
In accordance with the law, the maximum permissible period of time during which such a document will be valid is three years.
Upon the expiration of the established term of the power of attorney, a new document will be required.
If the principal in the content has not defined a time frame, then by default it is considered that the paper is drawn up for one year.
In addition, the authorized person has the right to delegate his authority in favor of a third party, if such an opportunity is determined by a document. At the same time, the term of the power of attorney in respect of a third party is limited to the validity period of the underlying paper.
Car sale
The purchase of a car by general power of attorney gives the buyer almost unlimited rights, however, until the vehicle is re-registered, it still remains the property of the previous owner.
At the same time, a buyer who has already transferred money to the owner often encounters problems such as:
- Unpaid fines on time for violation of traffic rules or arrears of transport tax.
- Inconsistency of identification numbers on the car body with those indicated in the documents.
What can I say about the fact that the vehicle in general can be stolen and is on the wanted list.
The owner of the vehicle may also be the victim of an unscrupulous buyer, continuing to pay fines and taxes after the sale of the car, which the buyer must actually pay.
The contents of the power of attorney to sell a car
If the owner of the vehicle prefers to save on notary services and draws up a power of attorney with his own hand, then for the competent preparation of the document, you should find a form and a sample of sample text. Using them correctly to make paper is not difficult.
At the same time, the content of the power of attorney for the sale of a car must necessarily include:
- Title of the document.
- The date and place of its compilation.
- Information about the car (make, model, state sign, identification number, year of manufacture, engine number to whom it belongs).
- Owner data for the car.
- Buyer details.
- The list of entrusted rights.
- Is the right to delegate authority of an authorized person to other persons allowed.
- Validity of the document.
- Handwritten signatures of the owner and proxy.
After drawing up the power of attorney, the notary will certify the document by putting an appropriate mark on it (the number under which the paper is recorded in the register), a seal and information about the payment of the cost of the service.
Should I buy a car by proxy?
When deciding to buy a car through the issuance of a general power of attorney, all risks associated with this should be foreseen, and there may be a lot of them, so it is advisable to check the car for all available sources of information, including the traffic police database.
The vehicle may be stolen or wanted or pledged in connection with the owner's debt obligations.
If the owner of the vehicle unexpectedly dies, then in relation to the car his heirs may claim their rights.
And the risk of running into an unscrupulous seller is quite high, because the owner has the right to revoke his power of attorney at any time, and the probability of returning the money paid is very small even in court (due to the lack of a sales contract).
The only way out if the seller refuses to re-register the car for you is to sell it to a third party, followed by redemption and registration in your name.