Table of contents:
- What happened
- How it will be possible to complete the transaction online
- Why is an electronic transaction more convenient than a regular one?
- Is it possible to execute a deal according to the previous rules?
Video: New Rules For Buying Used Cars: What Will Change From May 1
2023 Author: Natalie MacDonald | [email protected]. Last modified: 2023-11-26 13:59
From May 1, it will be possible to conclude a deal on the purchase and sale of a used car online - on the State Services website. We figure out why this is needed, what advantages the innovation gives and what to do for those who do not want or cannot use the electronic registration of the transaction.
According to the order of the Ministry of Digital Development (Ministry of Digital Development), from May 1, 2021, the State Services portal should launch a service for concluding contracts for the sale of vehicles between individuals with the subsequent transfer of information about the transaction to third parties. This means that the buyer and the seller will be able to draw up an agreement online, and information about the change of ownership will be sent to the traffic police automatically.
From the point of view of the law, this will be exactly the same transaction in simple written form, but executed using electronic means - Article 160 of the Civil Code of the Russian Federation allows this method, provided that the identity of the parties to the transaction is verified. In the case of the State Services portal, it is implied that the parties have confirmed accounts and valid electronic signatures.
How it will be possible to complete the transaction online
If, on May 1, a new service is really launched on the State Services website (the order of the Ministry of Digital Affairs does not establish specific dates for the appearance of this functionality on the portal), then the registration procedure will be significantly simplified. The seller (his profile must contain complete data on his own car) will only need to select the car sale service and enter the buyer's data - all this can be done, for example, in the State Services application on a smartphone or using a laptop connected to the network right in the car.
The system will take over the rest: it will draw up a contract, substituting the data of the buyer, seller and car into it, and send a message to the buyer in the personal account. The buyer will need to log into their account and approve the transaction. In this case, the owner will change, and information about the transaction will be sent to the traffic police and the tax office.
However, the buyer will still have to go to the traffic police or the MFC within 10 days - to receive a new certificate of registration (STS) and make a new entry in the paper PTS (if it is still paper). In the EPTS, changes occur automatically.
Why is an electronic transaction more convenient than a regular one?
First, it's faster this way. There will be no need to fill in contracts and transfer certificates by hand - the seller and the buyer will receive legally competent papers (of course, they can be printed out), the information into which is automatically substituted from the personal accounts of the participants in the transaction. Secondly, the actual change of ownership will occur faster - the former owner will no longer be able to receive someone else's fine for the sold car, which they did not manage to re-register.
Finally, it is transparency: when making a deal on State Services, the buyer will automatically receive information about whether the car is wanted or pledged, whether the bailiffs' restrictions or unpaid fines are "hanging" on it, and in theory, information about accidents, repairs, etc. mileage, if such was entered, for example, in an electronic OB vehicle.
However, the completeness of this information still raises questions. Auto lawyer Sergey Smirnov doubts that the system will immediately be able to fully exchange data with other departments: “What I can see for sure is any judicial restrictions on the seller himself, as well as fines written on him personally. As for the car, there is no guarantee of completeness. So at the first stage it is rather just a simplification of the registration process”.
In addition, the service will definitely not show data on accidents, repairs and mileage that were not registered with the traffic police and with insurers or during the technical inspection. In any case, the car will first have to be inspected in the service and checked against the databases - for example, in the ProAuto service.
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Is it possible to execute a deal according to the previous rules?
Can. The order of the Ministry of Digital Affairs adds the ability to execute transactions in electronic form, but does not oblige the buyer and seller to use the service - therefore, they can conclude a transaction in regular writing. And if the car is sold by power of attorney, for example, a relative of the owner or a reseller, then this is generally the only way to complete the transaction. “The deal on State Services will be possible only between individuals. Salons, commission shops or third parties acting on behalf of the owner will not be able to use this service,”says Smirnov.
To conclude a transaction in a simple written form, it is necessary to manually draw up three copies of the sales contract: one each for the buyer, the seller and the traffic police. The contract will need to indicate the date and place of conclusion, the passport data of the seller and the buyer, data of the car and its title, the cost and procedure for transferring money (for example, that they are transferred in full or will be transferred after the fulfillment of any conditions).
In addition, the agreement should mention the absence of collateral and restrictions - in case of fraud, this will be the basis for terminating the transaction. In addition, you can draw up an act on the transfer of the vehicle with a note of the absence of mutual claims, as well as a receipt for receiving money (but this is not necessary). And of course, the buyer will need to come to the traffic police department to re-register the car for himself.
“With any type of registration, the buyer must visit the traffic police department or the MFC branch with a special site, where the car will be inspected and a new STS will be made for it,” the lawyer says. If the buyer does not fulfill this requirement, the former owner, after 10 days, will be able to unilaterally terminate the registration, and this can be done on the same State Services portal. However, if the transaction itself was completed in electronic form, but the new owner did not appear at the traffic police, then there is no need to revoke the registration - the department will search for the violator on its own.
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