19.07.2016
The procedure for buying and selling a car and registering it is actually not as simple as it is often described. There are some nuances that you may encounter when registering a car.
There are two main procedures for purchasing a car and then registering it with the traffic police: by agreement or by invoice. In both cases, you will need the following documents: registration certificate for the car, insurance, passports of the owner and buyer. We will walk together with the buyer through all stages of purchasing and registering a car, since it is the buyer who bears the most risks.
Registration of a car with the State Traffic Inspectorate under an agreement
Registration under a purchase and sale agreement saves the seller money on issuing an invoice certificate, but requires the presence of the buyer and seller at the same time at the traffic police. Typical sample The agreement is on the traffic police website. This method it is especially convenient if the owner and buyer are registered in the same locality and there are no plans to change numbers. This saves not only time, but also money for registration of license plates.
So, the car was chosen, the price was agreed upon, and we decided to arrange it through a contract. We signed the agreement in three copies - one for the seller, one for the buyer, one will remain in the traffic police.
The registration procedure now begins. The contract must be certified by the traffic police. First, check the numbers. We fill out an application for registration, deregistration, reconciliation - it can be printed from the traffic police website. Be careful - you must print on one page.
A traffic police officer checks the car body number. If everything is in order, then the car remains in the parking lot, and the buyer and seller go to the office to complete documents.
But this is not the final test. The car will be checked again when signing the contract. More on this later!
If both the seller and the buyer are registered in the same locality and there are no plans to change the numbers, then we proceed as follows.
The buyer pays a fee for issuing a new registration certificate, without producing license plates. With the paid fee, an application with a note on the reconciliation of numbers and an agreement, the buyer and seller go to the registration window. Here everything is quickly drawn up (stamp, signature of a traffic police officer, a copy of the contract for each and one remains at the traffic police) and the buyer is told when to pick up the registration certificate issued in his name. It is at the moment when the buyer picks up his registration certificate that he will become the full owner of the car.
This is where design nuances come into play. First, as soon as the contract was certified by the traffic police, the obligatory insurance of the old owner ceased to apply. You need to take out new insurance for the buyer.
Life hack - insurance can be issued on the basis of the old insurance and contract, you can immediately take out insurance for a year or six months, and not for 15 days as often offered by insurance agents near the traffic police.
The second point is that while a registration certificate is being issued for the new owner, the car is being checked: whether it has been stolen, whether it has been accepted as bail, and so on. And if there is something wrong with the car, you will only find out about it when you come for the documents...
If the seller and buyer are registered in different localities or in the same one, but are going to change the license plate number of the car, then the following happens.
The procedure also begins with checking the numbers. After which you need to remove the license plates from the car. With the numbers, the contract and a certified certificate of reconciliation of the numbers, the seller first goes to pay the deregistration fee, and then, together with the buyers, to the registration window.
Here the procedure is identical to that described above. Only the buyer will receive not a registration certificate in his name, but transit numbers and a registration certificate with a mark on deregistration. After a certain time.
The risks are the same as described above, the car is checked. It’s great when the seller and buyer stay together until they receive transit numbers and a registration certificate with a mark of withdrawal. Under normal circumstances this takes about an hour.
The seller's insurance is also not valid. We need to apply for a new one. Moreover, the procedure is not yet over for the buyer.
After receiving transit numbers and a registration certificate with a mark on deregistration, the buyer should again go to check the numbers at his place of residence, i.e. leave the parking lot. Even if the buyer registers the car in the same traffic police (changes the license plate) or, for example, in Zhdanovichi, where there is a traffic police in the city of Minsk and the Minsk region, the car must be taken again to check the numbers. Remember about insurance! Moreover, when registering, you will be asked for your old insurance, specifically for this period, with transit numbers.
So, again, reconciliation of numbers, payment of registration fees, for new numbers, valid insurance, contract and again the registration window. The seller is no longer needed here. We are waiting for new documents and registration certificates. Congratulations, the car is now re-registered.
After re-registration of the car, the new owner must undergo a technical inspection within a month from the date of registration of the car.
One more nuance: cars brought from Russia cannot be deregistered earlier than six months from the date of the first registration of the car in Belarus. This is how long it takes to check the legality of a car. Be careful if you buy such a car.
text by Alexander Popov
Development and legal examination of contracts. Mobile 8-029-1050106, city. 8-017-3286100
The contract of sale is the oldest of all transactions. Its purpose is the transfer of a thing from one person to another with the transfer to the latter of ownership rights, another property rights.
The purchase and sale agreement is defined by the Civil Code of the Republic of Belarus as an agreement by virtue of which the seller undertakes to transfer ownership, economic management, and operational management of the property to the buyer, and the buyer undertakes to accept the property and pay a certain amount for it sum of money(price).
The scope of application of purchase and sale agreements is extremely wide - from acquisition by citizens consumer goods before the sale of enterprises. In all these cases purchase and sale agreement retains its characteristic features in each area of application, however, acquiring its own specific features.
The purchase and sale agreement has the following types: retail purchase and sale, supply of goods, supply of goods for government needs, energy supply, contracting, sale of real estate, sale of an enterprise.
Below we will talk about general features inherent in any purchase and sale agreement.
Sales and purchase agreement: goods
Goods are movable and immovable property, with the exception of property that cannot be owned by persons other than the state.
Sales and purchase agreement: parties
There are two parties involved in a purchase and sale agreement – the seller and the buyer. They can be like individuals, and business entities (entrepreneurs and organizations).
The seller in a purchase and sale agreement may be a person who has the right to dispose of the property. As a rule, this power belongs to the owner. Other persons without the permission of the owner have no right to dispose of his property.
Sales and purchase agreement: form
There are no special rules in the Civil Code of Belarus regarding the form of the purchase and sale agreement. This means that the form of this agreement is determined by general rules on the form of transactions, except for cases provided for by law (sale of an enterprise, real estate).
Purchase and sale agreement: essential terms
Essential terms of this agreement are the terms:
- about the item (name of the product; quantity of the product; assortment of the product);
- about the purpose of the acquisition (in certain cases).
Sales and purchase agreement: rights and obligations of the parties
The main obligation of the seller is to transfer the goods and transfer ownership rights to the buyer (the right of economic management, the right operational management) in relation to the product. The seller, as a rule, is obliged, simultaneously with the transfer of the goods, to transfer to the buyer its accessories, as well as documents related to it ( technical passport, quality certificate, operating instructions, etc.), provided for by law or a purchase and sale agreement. The transfer of goods to the buyer is carried out in the prescribed manner - in a certain quantity, in an agreed assortment and completeness, of established quality, in appropriate containers and packaging.
The main responsibilities of the buyer are acceptance of the goods and payment for them.
Purchase and sale agreement: transfer of ownership from seller to buyer
The right of ownership of the acquirer of a thing under a contract arises from the moment of its transfer, unless otherwise provided by law or the contract. In cases where the purchase and sale agreement establishes that the ownership of the goods transferred to the buyer is retained by the seller until payment for the goods, the buyer does not have the right to alienate the goods or dispose of them in any other way before the transfer of ownership rights to him. If, within the period stipulated in the purchase and sale agreement, this product is not paid, the seller has the right to demand that the buyer return the goods to him.
As legal services I can offer you the following four:
1. legal examination (simply checking) of your purchase and sale agreement for compliance with the legislation of the Republic of Belarus. Cost from 300,000 rubles (from 40 US dollars);
2. preparation of separate conditions for your purchase and sale agreement. Cost from 300,000 rubles (from 40 US dollars);
3. development of a purchase and sale agreement for an individual order. Cost from 1,000,000 rubles (from 110 US dollars);
4. providing the form of purchase and sale agreement that is most suitable for your situation - 300,000 rubles (from 40 US dollars).
The period for preparing documents is from 24 hours to 3 working days.
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I make life easier
lawyer Nikolay Kalyunov
20.08.2017
If you want to sell your used car for a completely legally and you don’t want any problems to arise in the future, drawing up a car purchase and sale agreement in the Republic of Belarus is best option. It is about the specifics of this type of sales that we will talk today.
We will start, perhaps, with the option when both the seller of the vehicle and its buyer live in the same region.
Drawing up a car purchase and sale agreement in one region
If both participants in this legal action - both the seller and the buyer live in the same region of Belarus, then the procedure for registering a coolie transaction/sale of a vehicle will look as follows
- First, you should come to the local traffic police department where the car is registered. Moreover, both the seller and the buyer of the car arrive. Only they prepare two different applications (the seller - about deregistering the vehicle with the MRO State Traffic Inspectorate, and the buyer - about registering it). All necessary documents(samples for filling out applications) can be found at stands in the traffic police, or on the Internet;
- A traffic police officer must check the numbers on the body of the car being sold with those indicated in the documents. So, an attempt to sell a stolen car with “broken” license plates is most likely doomed to failure;
- The purchase/sale agreement is filled out in three copies (one for the seller, another for the buyer, the third for the traffic police department). All necessary government fees and services are paid computer equipment. If there is such a need, the cost of changing vehicle license plates is also paid;
- the agreement signed by both parties to the transaction is registered by an employee of the MRO traffic police;
- As soon as the contract is signed, the registration of the car purchase and sale agreement is considered completed, and the car already has a new owner. He will need to come to the MRO GAI for a new registration certificate when it is assigned to him. Then a contract will be drawn up compulsory insurance vehicle in his name.
Thus, an agreement is drawn up if both parties to the transaction reside in the same region.
Drawing up a car purchase and sale agreement, different regions
If the seller and buyer live in different regions of Belarus, then the execution of a car purchase and sale agreement will look slightly different:
- the owner of the car goes to his local traffic police department at the place of registration of the vehicle and writes an application to deregister it using transit numbers. If the buyer of the car goes with him, then he and the seller can submit a purchase/sale agreement for registration with the seller’s traffic police department. In this case, it is he who takes the transit numbers when they are issued. According to the law, within 10 days the buyer must register the vehicle at the place of registration;
- It is possible that the car already has transit numbers at the time of its sale. In this case, you can register the car at any local traffic police department. If it is carried out at the place of registration of the new owner of the car, then you can immediately submit an application to the relevant authorities to register the car.
As you can see for yourself, drawing up a car purchase and sale agreement in one region and in different regions is not so difficult that you can’t handle it.
AGREEMENT
PURCHASES AND SALES
Minsk "___" __________
LLC "____________", represented by the Manager in bankruptcy proceedings _________________________, acting on the basis of the ruling of the Economic Court of the Minsk Region dated "___" _________ year N ________, hereinafter referred to as the Seller, on the one hand, and _________________________________________________________, represented by ___________________________________________________________________ ___________, acting on the basis of ___________________, hereinafter referred to as the Buyer, on the other hand, have entered into this Agreement regarding the following:
I. SUBJECT OF THE AGREEMENT
1.1. The Seller sells and the Buyer, under the terms of this Agreement, purchases the following Products:
| N | Name | Quantity pcs. | Price without VAT | VAT (18%) | Price with VAT |
| 1 | |||||
| 2 | |||||
| TOTAL | |||||
1.2. Total sold material assets for a total amount of __________________________________________ Belarusian rubles, including VAT _________________________________________________________ Belarusian rubles.
1.3. The product is purchased for your own needs.
1.4. The goods are sold at auction for the sale of the Seller's property.
1.5. Payment by the Buyer is made within three days from the date of signing this agreement by bank transfer to the Seller’s bank account.
II. OBLIGATIONS OF THE PARTIES
2.1. The seller undertakes:
2.1.1. Transfer to the Buyer the goods specified in clause 1.1 of this agreement within five days from the date of receipt cash to the Seller's bank account.
2.2. The buyer undertakes:
2.2.1. Pay for the goods specified in clause 1.1 of this Agreement.
2.2.2. For unilateral refusal to fulfill its obligations under these agreements, the Buyer shall pay the Seller a fine in the amount of ___ percent of the contract amount specified in clause 1.2 of this agreement.
III. DISPUTE RESOLUTION
3.1. All disputes and disagreements that may arise from this Agreement or in connection with it, the parties will try to resolve through negotiations.
3.2. If the parties do not come to an agreement, disputes are resolved in court in accordance with the current legislation of the Republic of Belarus.
IV. DURATION OF THE AGREEMENT
4.1. The agreement comes into force from the moment of signing and is valid until the parties fulfill their obligations.
4.2. The contract may be terminated by mutual agreement of the parties.
V. ADDITIONAL CONDITIONS
5.1. The Agreement is drawn up in two copies of equal force, one copy for each of the parties.
5.2. Disputes arising from this agreement are considered by the Economic Court in accordance with the jurisdiction established by the legislation of the Republic of Belarus.
5.3. ________________________________________________________
VI. ADDRESSES AND DETAILS OF THE PARTIES
SELLER:BUYER:
OOO "_________________"
Seller Buyer
______________________ _______________________
"___" __________ ____ g. g.__________
ALC "___________" hereinafter referred to as the "Seller", represented by the manager in bankruptcy proceedings - ____________, appointed by the decision of the Economic Court ____________________ dated "___" __________ ____ and __________, hereinafter referred to as the "Buyer", represented by ________________, acting on the basis of __________ have concluded this agreement as follows:
1. SUBJECT OF THE AGREEMENT
1.1. The Seller sells and the Buyer buys a ___________ car (hereinafter referred to as the “product”).
1.2. Delivery of goods is carried out on a self-pickup basis with written notification to the Buyer of the location of the warehouse (parking lot). Acceptance of goods is carried out according to the waybill and according to the acceptance certificate at the Seller’s warehouse (parking lot), which is signed by representatives of the Seller and the Buyer.
1.3. The cost of the goods under this agreement is _________ Belarusian rubles, including VAT - _________ Belarusian rubles.
1.4. The Seller undertakes to transfer the above goods to the Buyer within __ banking days from the date of receipt of the advance payment to the Seller’s account.
2. PAYMENT PROCEDURE
2.1. Payment for the cost of the goods is made in the form of a 100% prepayment of the cost of the goods no later than __ days from the date of conclusion of this agreement to the Seller’s bank account specified in the agreement.
3. RESPONSIBILITY OF THE PARTIES
3.1. In case of delay in transferring the prepayment, the Buyer shall pay the Seller a penalty in the amount of ____% of the cost of the unpaid goods for each day of delay.
3.2. In case of delay in delivery of the goods, the Seller pays the Buyer a fine in the amount of ____% of the cost of the goods.
3.3. Payment of penalties and fines does not relieve the parties from the obligation to compensate for damage incurred by the other party as a result of their failure to comply with the terms of the contract.
4. PRODUCT QUALITY, OWNERSHIP
4.1. The quality of the product must comply with the regulatory and technical documentation for this product. The manufacturer is responsible for the quality of the product.
4.2. Acceptance of goods for quality is carried out by the Buyer in accordance with clause 1.2 of this agreement.
4.3. Ownership of the product and the risk of its accidental loss are transferred from the Seller to the Buyer from the moment the quality of the product is transferred to the Seller’s warehouse (parking lot).
5. FORCE MAJEURE CIRCUMSTANCES
5.1. Neither party will be liable for any failure to perform, in whole or in part, if the failure results from flood, fire, earthquake or other acts of God or war conditions occurring after the conclusion of the contract.
The parties are also relieved of liability for failure to fulfill obligations by the prohibition on committing actions constituting the content of obligations, issued by the authorities state power and management.
5.2. If any of the above circumstances directly affected the fulfillment of the obligation within the period established in the contract, then this period is proportionately extended for the duration of the corresponding circumstance.
6. PROCEDURE FOR CONSIDERATION OF DISPUTES
6.1. In all other respects that are not provided for in this agreement, the parties are guided by the current legislation of the Republic of Belarus.
6.2. The Parties will try to resolve all disagreements that arise during the execution of this agreement through negotiations, and if agreement is not reached, by filing claims.
If the parties fail to reach an agreement, then any dispute, disagreement or claim arising from this agreement or relating to its violation shall be resolved in the Economic Court ___________.
7. OTHER CONDITIONS
7.1. This agreement may be amended, supplemented and terminated early by written agreement of the Parties.
7.2. Neither party has the right to transfer the rights and obligations under this agreement to a third party without the written consent of the other party.
7.3. All annexes and additional agreements to the agreement signed by the Parties are an integral part of it.
7.4. This agreement is drawn up in 2 copies having equal legal force, one copy each for the Seller and the Buyer.
7.5. Facsimile copies of the agreement and annexes and amendments to it have the force of the original if there is an original seal of one of the parties on them. In this case, the original copies are sent by the parties to each other by mail within 10 days from the date of signing the relevant document.
7.6. This agreement comes into force from the date of its signing by both parties and is valid until they fully fulfill their obligations.
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