How long is the certificate - an account when buying a car. I forgot to think about the car, and then a fine arrived, or another story about when an invoice is evil. Even the traffic police cannot guarantee that the bank will not claim the car

How to make a deal for the sale of a car? Help - invoice and contract of sale, what's the difference? What document inspires confidence? How long is the certificate - account valid?

The desire to buy a car entails the collection of information on the design of this decision. It is not uncommon to experience the excitement of buying a vehicle and making mistakes in closing the deal. The most important thing is that the actions are legal and legally correct. Important documents that you should familiarize yourself with is a certificate - an invoice and a contract of sale.

What is a reference - an account?

Help - an invoice is an option for registering a car for sale, it is a strict reporting form with a number of genuine features:

• Series and number;
• Water marks;
• Microprinting.

The form is difficult to fake, and that is why it inspires confidence. You can get it from an organization that has been certified and has a license.

Help - the invoice serves as a necessary official document and is needed to register the car in the registration department of the traffic police. It confirms the ownership of the property, and when making a transaction, certifies the purchase of a mechanical vehicle in a store with a commission or a car dealership.

This consent of both parties, completed by hand, is an alternative to the contract of sale. In a three-way transaction, there may be a store that acts as an intermediary. The main persons are the seller and buyer of the car, not the store. He has no responsibility for the condition of the incoming vehicle.

Tasks of the intermediary store:

• Search for potential buyers;
• Machine presentation;
• Confirmation of the transaction in writing.

Both parties to the agreement have the right to keep one copy of the document, this is necessary, but depends on the desire of the parties. Basically, the document is made in a single copy and remains with the buyer. Other persons participating in the transaction can only receive a copy certified by a notary.

Differences in the concepts of "contract of sale" and "reference - account"

The contract of sale is reliable because it is certified by a notary. He, in turn, must carefully check some points regarding the car:

• The presence of debts, fines, pledges to the vehicle;
• If the seller is married, then the consent of the second spouse to the transaction;
• If the seller has a power of attorney for the car, then the authority to make the sale is checked;
• capacity and freedom of expression.

The disadvantage of drawing up such an agreement is the cost, which will be higher than the purchase of a certificate - an invoice. In addition, you must register the car within 10 days from the date of the transaction.

As for the certificate - the account, the intermediary company is not obliged to check the related information. This means that there will be no verification, like a notary, and after buying a car, the buyer may face unplanned costs for the vehicle.

When making a sale and purchase transaction, you need to be a very careful buyer, reading literature on the topic will be a useful preparation when dealing with unscrupulous sellers.

Validity period of the certificate - invoice

Since August 1, 2009, the Decree of the Government of the Russian Federation of July 26, 2009 No. 562 has changed the process of registering a car. Help - the account was canceled, and all actions for the purchase and sale of cars were assigned to the contract of sale. Because of these changes, many who have this document are wondering if it is valid? The form completed before the end of July 2009 is open-ended as long as you are the owner. Help - the account has no statute of limitations.

Lawyers believe that the certificate - the account was only a certificate of the transaction by the intermediary. The document did not show the freedom of decision of both parties to agree to purchase or sale. He confirmed the mutual transfer of the car and the money for its purchase, so the certificate - the account looked extremely suspicious.

1. Sales contract

The most common way to sell a car continues to be contract of sale. The option is convenient in that the document can be drawn up and agreed both independently and by contacting the traffic police. There, in addition to reissuing documents for a car, for an additional fee, assistance is provided in the preparation of applications, contracts and other papers.

a. Deregistration of a car

It is most convenient for the seller and the buyer to carry out all actions for re-registration of a car simultaneously. When the buyer is found, the parties are sent together on the appointed day to the REP GAI at the place of residence of the seller. The seller fills out an application of the established form for deregistration, the buyer - similar for registration. It is important to remember that after deregistration, transit numbers are issued and three months are given to sell the car. After the expiration of this period, it is forbidden to drive a vehicle. You can sell the car after three months.

Since January 21, 2019, in accordance with the Resolution of the Council of Ministers of the Republic of Belarus dated October 18, 2018 No. 747, a car can be deregistered at any department of the MREO GAI. Previously, it was possible to deregister only at the place of registration of the owner of the car.

b. Registration and signing of the contract

To save more time, the seller and the buyer can draw up a sales contract on their own before joining the MREO. Notarization is not required. The document is compiled in free writing, at the same time, you can not reinvent the wheel and use the form proposed by the traffic police. The validity of the contract begins after its signing by the parties, unless it contains other temporary references. Signed contract is required register with MREO.

c. Documentation

In order to remove the car from the register or re-register the car to another owner, the seller and the buyer need the following documentation:

1. application (seller and buyer) - filled in advance or in the traffic police;
2. passport or other identification document (of the seller and the buyer);
3. technical passport;
4. numbers (registration marks);
5. sale and purchase agreement in four copies (one remains in the traffic police at the place of purchase, the second with the seller, the third is needed for registration with the buyer, and the fourth, in fact for the buyer himself) - filled in advance or in the traffic police;
6. act of inspection of the vehicle by traffic police officers (verification of numbers) - the seller goes to the traffic police;
7. receipts for payment of state duty - paid at bank branches near or at the traffic police itself.

The buyer, after making a purchase, should immediately issue civil liability insurance(the field where the registration plate is indicated remains temporarily empty). This can be done on the spot. There are representatives of insurance companies in the traffic police.

Important! The document on passing technical inspection is not transferred to the new owner of the car. In accordance with the current version of the SDA, a car with transit numbers must pass a technical inspection.

d. Re-registration without changing numbers

If the seller and the buyer are registered in the same locality, the car can be re-registered in a simplified way.

When deregistering a car, “transit” numbers may not be issued if both parties to the transaction apply together to the traffic police. In principle, the vehicle in this case does not need to be deregistered. It is transferred from one owner to another.

An important clarification is that only owners of a new type of registration plates (not red ones) can undergo re-registration with the preservation of numbers. In the case of purchasing a car in Minsk, residents of other settlements can register a purchase and sale agreement in the metropolitan MREO GAI in Zhdanovichi.

After acquisition new owner vehicle must put it on record in your (at the place of residence) department of the traffic police within 10 days from the date of purchase.

2. Invoice-reference

Many car owners prefer to sell a car without a trip to the MREO GAI. To do this, they draw up with the buyer invoice-certificate, which is the basis for registration of the purchased car. The document is a form of the established form, in which a legal entity or individual entrepreneur who has a license to trade in cars, confirm the purchase vehicle.

a. Deregistration of a car

In order to issue a commission purchase and sale of a car and receive an invoice-certificate, the vehicle must be deregistered.

b. Making a certificate

A certificate can be issued by a legal entity or individual entrepreneurs who have a license to sell cars. The received document allows you to register the purchased car with the traffic police.

An invoice-reference should be issued at the office of the organization, since if necessary, it must be canceled in the same place. There are cases when fly-by-night companies are created for a short period and then liquidated. Therefore, it is advisable to check how long a legal entity or individual entrepreneur issues an invoice-certificate.

c. Documentation

The following are required for issuing an invoice: documentation:

1. passport (seller and buyer) or a notarized power of attorney for the right to sell or purchase a vehicle;
2. technical passport with the note "removed from the register in connection with the sale (alienation)".

d. Peculiarities

After issuing an invoice, the car seller receives a contract for the commission sale of the vehicle and a copy of the invoice; the buyer - the original invoice-certificate, contract and a mark in the technical passport for the sale with the seal of the organization or individual entrepreneur that issued the certificate.

The buyer is obliged put on record purchased car within 10 days, while immediately taking out civil liability insurance.

e. Cancellation of invoice

If you change your mind about buying a car, or the seller changes your mind about selling it, the reference invoice can be canceled. For this you need:

1. The consent of the seller and the buyer.
2. Only the legal entity or individual entrepreneur who issued it can cancel the reference invoice.

Often, "outbidding" works according to this scheme. They do not operate as official car dealers or thrift stores, so be careful. According to this scheme, you sell your car to such a repurchase. He does not register it, but is looking for a new buyer, maybe he tints it and thoroughly prepares it for resale, etc. After a new buyer is found, he, with your consent, asks to cancel the certificate and issue a new one between you and the new buyer. Thus, he, as it were, does not participate in the transaction, he receives a reward, most likely he does not pay taxes, and he does not issue checks.

3. Donation

In the case of close family relations between family members (spouse, spouse, parents, children, adoptive parents, adopted children, siblings, grandfather, grandmother, grandchildren), the car can become the property through registration donation agreements. Before visiting the traffic police, it is compiled and certified by a notary.

a. Deregistration of a car

By the time the donation agreement is signed, the car should be deregistered. The procedure is standard, as described above.

b. Making a donation

The form of the contract is free, however, taking into account the fact that the document is certified by a notary, it is better to contact a specialist to draw up the document.

c. Peculiarities

If the testator and heir are registered in the same locality, and the car is not deregistered, a simplified re-registration option is possible with the preservation of valid registration marks. There is an option to draw up a donation agreement for an outsider, however, in this case, tax will be calculated and paid. The preferred option is a contract of sale.

4. Other special cases of renewal

a. For a relative, father

When close family relationships the most preferred option is the design of a donation. When registering persons in one locality, a simplified re-registration of the vehicle is possible. The procedure is described above.

b. Due to the death of the owner

When car owner death the right of ownership passes to the legal heirs in the established shares. After 6 months from the date of death, all heirs simultaneously re-register the vehicle with the traffic police according to the procedure and with the documents described above. The car is registered for one owner (by agreement), but its owners are several persons (in accordance with the shares).

c. In case the car is not running

Quite often, vehicles are sold that are not on the move. It is not advisable to move them to the location of the traffic police for checking the number and inspecting the car. In this case, you can order paid service to the traffic police on the departure of a specialist to the location of the vehicle. Its cost is 0.4 base value.

5. Where to re-register a car in Minsk?

In Minsk, registration and re-registration of vehicles is carried out according to the following addresses:

a. st. Timiryazeva, 123, (TD "Zhdanovichi") - registration of contracts, registration, deregistration. Opening hours: Tuesday-Saturday (8:00-18:00).

b. st. Serova, 1 (JSC "Minsk-Lada") - registration of contracts, registration, re-registration, deregistration and obtaining "transit" numbers is not possible here. Opening hours: Tuesday-Saturday (8:00-17:00).

6. Sale by general power of attorney

Remember: there is no such wording in the law. This is fiction. A relic of the 90s.

If someone offers you to write a power of attorney for a car and give the keys - know. Such a deal ILLEGAL.

In this case, the true owner of the car - the one on whom it is registered, can put the car on the wanted list and claim it from you as his property. As a result, you can lose both money and a car.

From the side of the seller: although you sold the car, if the buyer gets into an accident by power of attorney, you will be liable as the owner of a high-risk vehicle. Simply put, you will be sued for moral damages.

7. The cost of services for registration and removal of a car on the account:

1 base amount - for the issuance of a vehicle registration certificate (technical passport)

0.05 base unit - for the issuance of a document (certificate) on passing the state technical inspection (attachment to the vehicle registration certificate)

1 base unit - for the state registration of a motorcycle, moped

2 base rates - for the state registration of a car

1 base unit - for the state registration of a trailer, semi-trailer (in case of issuing a new registration plate)

10 basic values ​​- in case of selection of registration plates with the desired combination of numbers and letters

60 base units - in the case of custom-made registration plates with the desired combination of numbers and letters.

On deregistration:

1 base amount - for the state registration of cars temporarily admitted to participation in road traffic(in case of further exploitation)

0.08 base amount - for the application

0.04 base unit - for computer services

Keep in mind that a used one costs twice as much as a new one.

Your questions and my answers:

1. If more than 10 days have passed since the purchase of a car, and I did not have time to register it, what will be the fine?

Answer: in practice, there will be no fine, but it is better to call your MREO GAI and clarify. I bought a car in Minsk, it required a serious repair, it needs to be registered in Borisov, the Borisov traffic police assured me that I can repair my car for at least six months, it doesn’t matter to them - they don’t give a fine. And so it happened.

2. What is better invoice-reference or contract of sale?

The contract of sale is drawn up in the traffic police right at the time of the transaction, so I personally have much more confidence in it. You draw up a certificate from an unknown individual entrepreneur, and whether you will be able to register the car or not is already a big question. What if the car is under arrest and the seller hid it? What if the car is stolen? Of course, the contract of sale also does not protect against a fraudster by 100%. So, for example, if a fraudster sells a car immediately after the seizure (by the way, this is a criminal offense), then this information simply will not have time to arrive at the traffic police and everything will be clean during registration.

Can I cancel an invoice?

An invoice-certificate can only be canceled by mutual agreement of the parties, i.e. the former owner and the owner according to the reference account must be present at the termination of the transaction. Cancellation can only be done at the consignment shop that issued the invoice. It is impossible to cancel an invoice-certificate without the personal presence of the old owner of the vehicle.

Lost invoice

In this case, the person to whom the reference invoice was issued applies to the commission store that issued the reference invoice, writes a statement for loss and writes out a new reference invoice again for himself.

I bought a car on the invoice-certificate, but changed my mind about registering it

In this case, you must contact the consignment store where the invoice-certificate was issued. The whole procedure takes place with the personal presence of the old owner according to the registration certificate and with the personal presence of the owner according to the reference bill. The current one is canceled, and after that a new invoice is issued for the new owner.

Bought a car with an invoice, how long can you drive without registering the car?

According to paragraph 6 of the Regulations on the procedure for registering vehicles, the regulations are as follows: within 10 days after purchasing the car, it must be submitted for state registration. If the deadline is missed in the MRO of the traffic police when registering the car, there will be no questions, but if you are stopped by a traffic police officer and finds out that more than 10 days have passed since the purchase of the car, then the traffic police officer has the right to bring you to administrative responsibility in the form of a fine of 1 up to 3 base units, and if it happens again during the year, then up to 5 base units (CAO clause 5, article 18.12).

A car was bought, a certificate invoice was issued, I want to sell the car without registering it, but the old owner is against termination (cancellation) of the certificate invoice.

There is only one way out of this situation - to register the car.

I sold the car on the invoice, will I be the owner of the car?

If you have issued an invoice-certificate, then from the moment of signing the contract, the ownership passes to the new owner. If prior to registration by the new owner there is an accident or other administrative violations, then the old owner simply needs to prove the fact of the sale of this vehicle - in this case, this will be a copy of the invoice certified by the original stamp of the commission shop. And no more claims will be made against you.

What amount for the car should be indicated in the bill of sale or in the contract of sale?

If you provide false data on the value of the car being sold, then, in the event of a lawsuit, you will not be able to claim for an amount greater than that which will be indicated in the invoice or sales contract.

To issue an invoice-certificate, the car must be deregistered in the traffic police and the registration certificate (registration certificate) of the Vehicle (TC) must be marked "Deregistered due to sale (alienation)"!

If an invoice-certificate or a sales contract was previously issued for the vehicle, then the corresponding marks will be made in the registration certificate. At the same time, other transactions cannot be made with such cars. In order to re-register the car for a new owner, in this case, you must contact either the MREO GAI (in the case of a sales contract) or the organization that issued the invoice-certificate.

To issue an invoice-certificate, the following are required: the Seller's passport, the Buyer's passport, a certificate of registration (registration certificate) of a deregistered vehicle.

The reference invoice is a strict reporting form and has several degrees of protection. The form of the form is determined by law. The reference account has a series and number, it must indicate the name of the organization or individual entrepreneur (the owner of the reference account). The reference invoice is issued after the execution of the vehicle purchase and sale agreement between the holder of the reference invoice and the buyer. It confirms the legality of the purchase and sale of the vehicle. After issuing an invoice, the buyer becomes the owner of the vehicle. The reference invoice is the basis for registering the car with the MREO GAI.

Cancellation of invoice

There may be situations in life when it becomes necessary to terminate the transaction for the sale of a car. In this case, the reference invoice can be canceled only by mutual agreement of the owner according to the registration certificate and the owner according to the reference invoice. In this case, both must be present at the termination of the transaction. You can cancel an invoice-certificate only in the organization where it was issued. The old invoice-certificate is surrendered, and a cancellation mark is made in the registration certificate. After that, you can register the car again with the new owner.

Loss of invoice

The buyer, to whom the invoice-certificate was issued, applies to the organization that issued it with a statement about the loss. In this case, a new invoice-certificate is issued for the same buyer and is paid at the price in force on the day of the request.

Validity period of invoice

Owners of vehicles are required to submit vehicles to the registration and examination divisions (REP) of the traffic police for registration within ten days from the date of their purchase. Thus, the validity of the invoice-certificate is 10 calendar days from the date of its issuance. It should be borne in mind that when registering the vehicle with the REP GAI, no one will make claims to you. However, when stopping on the road, the traffic police inspector may bring you to administrative responsibility in the form of a fine of 1-3 basic units (driving vehicle not duly registered or not passed the state technical inspection). And in case of repeated violation during the year - up to 5 basic units (CAO clause 5, article 18.12).

The Ministry of Internal Affairs of Belarus applied to the Ministry of Antimonopoly Regulation and Trade with an initiative to take additional measures to protect the rights of citizens. Today, concrete proposals have already been developed, the implementation of which will make the car market more transparent, and the life of swindlers and illegal outbidders will noticeably become more complicated.

In particular, it is planned to put things in order in the work of individual entrepreneurs who issue invoices with certain violations.

Individual entrepreneurs who issue certificate invoices at car markets and are ready to come on call at any time of the day, as a rule, are engaged in the implementation of only the documents themselves, but not the cars.

- Often, without even seeing the seller and the car, not to mention the owner, on the basis of the passport data of the latter, they draw up a sale and purchase transaction, thereby supposedly guaranteeing the transfer of ownership, not fully realizing that they have taken on the burden of responsibility for the purity of the transaction , - said Alexei Malakhov, deputy head of the main criminal investigation department of the Ministry of Internal Affairs. - In the future, when trying to register a car with the traffic police, it often becomes known that the passport with the details of the owner is either lost or fake, the car is put on the wanted list as stolen. At the same time, there is no information about the actual seller to whom the money was transferred, it is difficult to find him.

The Ministry of Internal Affairs notes that in the event of a dispute over ownership and there is a requirement to transfer the car to the person from whom it was stolen, the courts often make decisions not in favor of buyers who mistakenly consider themselves to be in good faith.

These facts indicate that the subjects of trade, pursuing the goal of making a profit for issuing invoices, do not think about the damage that, through their mediation, is caused to car buyers by the criminal actions of fraudsters.

You can not make out the purchase of a car only on the invoice-reference and a photocopy of the passport

The first thing the buyer must do in order to protect himself is to complete the transaction without violations in the presence of the seller, for example, in the registration department of the State Traffic Inspectorate. If the car is not registered to him, then after inspecting and making a purchase decision, you must ask the seller to contact the actual owner and go with him to the traffic police. If the owner “fell ill, urgently flew to America for permanent residence, free only in the evening”, when government agencies are not working, and so on, this should immediately alert! Buying and selling a car is not such a common thing to treat it like a trip to the grocery store. If the owner actually cannot, for objective reasons, be present at the transaction, you can issue a power of attorney for the seller, and he, together with the buyer, will visit the traffic police. But when the seller tries to avoid this by all means and offers to execute a deal solely on the basis of a reference account and a photocopy of a passport, something is clearly not right here.

Also, the buyer is not immune from deception and with the option “today you give me money, I will give you a car, and on the weekend we will drive to the traffic police and arrange everything.” After that, he can turn off the phone and disappear.

Who can issue invoices?

By law, car houses, commission stores, car dealers or entrepreneurs who are registered in the prescribed manner, sell cars and also check their technical condition and the absence of a dark past have the right to issue certificate invoices. Having carried out all these procedures, the subjects of trade are responsible for the cars sold. If problems are identified after the transaction, they can file claims in accordance with the Law of the Republic of Belarus of 09.01.2002 N 90-Z "On Protection of Consumer Rights".

Even the traffic police cannot guarantee that the bank will not claim the car

However, recently, even a sale and purchase agreement drawn up in accordance with all the rules in the registration department of the traffic police does not guarantee that after a while the car will not be claimed, for example, by a bank with which the car is pledged.

What should the owner of the disputed car do in this situation?

- Employees of the criminal investigation department are aware of the situation with the sale of mortgage cars from Russia on the territory of Belarus, which received wide publicity at the end of November last year. At the same time, we have not yet been contacted by Russian law enforcement officers for any assistance, including the detection, inspection of these vehicles, and questioning their owners, - said the employee of the Ministry of Internal Affairs. - It is possible that the situation will develop in two directions: the appeal of the pledgee banks to the courts with an application for the return of their property within the framework of civil proceedings, as well as the appeal to the police to give a legal assessment of the actions of the persons involved in this story and, possibly, initiate a criminal case for fraud.

In such cases, in case of a property dispute in court, a transaction executed with violations will be declared invalid, and there will be no talk of recognizing the good faith of the buyer. After the seizure and transfer of the car to the mortgagee (bank), the buyer will write a statement to the police with a request to find an unknown person who sold the car to him, so that there is someone to recover losses from. The police will take all measures to find him, but it may take time. If the car was re-registered according to the rules, it will not be difficult to trace the entire chain of “seller-buyer”. Then, in court, the transaction can be canceled and the property and money returned to the original owners. But here another nuance arises: many contracts prescribe an understated amount of the transaction. In this case, only the indicated figure will be recovered.

1. Hassle-free and legal clean cars cannot cost significantly less than the market average. Don't let the attractive price put you off your guard;

2. By making a purchase and sale transaction in accordance with the law, you significantly reduce the risk of being deceived;

3. Compare the VIN code on the body of the car and in the documents (it's amazing, but many do not), verify the identity of the seller and the owner;

4. Before buying, check the car you like by all means available on the Internet, in particular on the websites www.reestr-zalogov.ru and www.gibdd.ru;

5. Ask provocative questions to the seller, take a more experienced friend with you to inspect the car and negotiate, contact a car selection and commission trade company that works in strict accordance with the law and takes responsibility for the goods.