In the article, we will consider how to draw up a general power of attorney for a car. A sample will also be presented. In the modern world, one does not often find a person who does not have a car in his personal property. Probably, precisely for this reason, the traffic police system significantly simplified the system for registering vehicles for registration, as well as the features of using a car that is not owned by the driver.
No need to deregister
In 2019, before selling a car, there is no need to remove it from the register. This procedure is carried out automatically after the parties have concluded a contract of sale of a vehicle. The buyer, at his request, can leave the previous state number or change it to a new one. In addition, at the beginning of 2012, the obligation for a car owner to issue a simple handwritten power of attorney to control his car by another person was canceled. Now it can only be managed by someone who is indicated as the owner in the insurance policy.
The issuance of a general power of attorney for the sale of a car according to the model in a notary's office also gradually disappears. However, some citizens still use this method of selling cars and consider it the most convenient.
The main difference between this form of power of attorney and its usual type is that the general one gives a more extensive range of possibilities. Typically, a list of such features is indicated directly in the text of this document. First of all, the power of attorney makes it possible to sell a vehicle. At the same time, it is not required to notify the issuer of such a transaction.
A sample of a general power of attorney for a car can be found below.
Rules for registration
Many drivers have no idea how to draw up such a power of attorney. First of all, you must remember that this document is drawn up by a notary. Some disadvantages follow from this:
- registration is a paid service of a notary office;
- the process of drawing up a general power of attorney is slower than the one in which they issue the usual one, since you need to go to a notary, where you may have to stand in line;
- upon receipt of such a document, only the car owner goes to the notary public.
Required Forms
To issue a general power of attorney for a car with the right to sell, only one form is used. In most cases, a notary public has one. If the car owner decides to fill out this document on his own, then you can never put your own signature and date. This is done only in the presence of a notary.
A model of a general power of attorney for a car is presented below.
Validity
The duration of this document is similar to the period of a simple power of attorney. By default, it is one year. The maximum term of a document is currently unlimited.
If a power of attorney of this type is issued for 1 year or more, then in this situation the validity period must be indicated directly in the text of the document. It should also be taken into account: if the date of execution is not indicated in it, then such a document is void, that is, invalid.
Car sale
What rights does a general power of attorney give to a car? The sale of a vehicle on it is considered the main operation for the execution of which the processing of such a document is applied. This paper also indicates that the owner is entitled to sell the car. Previously, it was the general power of attorney that allowed you to sell cars at the lowest cost. However, after the opportunity was introduced to sell a car without first removing it from registration, the use of standard sales contracts became the most acceptable.
Advantages and disadvantages
Since from time to time a general power of attorney is still used for these purposes, it is necessary to learn about the advantages and disadvantages of this procedure. The list of disadvantages for the buyer includes:
- the seller can revoke the general power of attorney, and do it at any time, that is, the buyer will be left without a car and money;
- Previously, cars (stolen, credit, etc.) were sold under such a document, but now there is such a possibility with regular sale of a car without deregistration;
- in the event of the death of the attorney, the power of attorney is usually canceled, and the seller retains ownership of the car.
- in the event of the death of the owner, it is automatically canceled, and the ownership of the car passes to its heirs;
- along with the ownership of the car, the owner has the obligation to pay transport taxes;
- in case of violation by the buyer of traffic rules, fines will come to the owner of the car.
At present, there are practically no objective reasons for using such a document. An exception is the purchase by general power of attorney of a car in Belarus. The sample is presented above.
Many people know that a few years ago, driving cars from Belarus was very popular - it was beneficial for sellers, buyers, and intermediaries. This is due to the fact that in the Republic of Belarus car prices were significantly lower than in Russia. Thus, the only possibility of such an event was to buy a car through a general power of attorney. In this case, the fines that the car owner may receive, in this case, do not come, because the car is located in another country.
The attorney is vested with the following rights:
- drive and dispose of a car, including renting it out, selling it, mortgaging it, exchanging it, etc .;
- to be a representative of the car owner in court, the traffic police;
- insure a vehicle;
- pay taxes and fines.
Required documents
Documents that will be required when issuing a general power of attorney for a car include those that contain the following information:
- passport information of both parties to the transaction - F. I. O, place of residence, date and place of birth;
- Information about the vehicle: model, make, year of manufacture, engine, body, chassis number, vehicle passport, identification number.
How much does a general power of attorney for the sale of a car cost?
Registration cost
As mentioned above, you can draw up this document yourself, after which you need to contact a notary for a certificate, or you can fill out the form directly at the notary's office. For this, the presence of an attorney is not necessary at all, the principal can come to the notary public alone, however he is obliged to have the personal data of the second person.
The procedure for compiling a document will not take much time. Regarding how much it costs to obtain this type of power of attorney for a car, you need to refer to the prices that apply in different notaries, compare them and choose the most suitable option. But you can give averaged data.
The cost of drafting such a document, taking into account the implementation by a specialist of legal and technical and work: 800 rubles - for individuals, 1.2 thousand rubles - for organizations. In different cities, this cost varies somewhat, but the average price of a general power of attorney for a car is presented above. A sample of it is presented in the article.