How to sell a car
Whatever to you, car owners, will be personal automobile, often come to mind thoughts of selling it. The purpose may be a need for cash, or wish to improve comfort, or just for a change. But in any case gain from the sale, while not expending effort and nerves - wish of each potential vendor. The car is not a commodity, bought and sold which, you can forget about the transaction. Safety of car by buyer, and legal "security" of you as a seller - that is what one must strive. It should be remembered that purchaser of the car makes a decision to buy specific car emotionally, not rationally. About major and minor pitfalls in selling topic of "Iron friend" will be described in this article.
The decision was made of “how to prepare your car for sale?"
Aware of the fact that the car is not just to sell, first you should assess the cost of the current day, depending on its condition. It is important to understand that you will be more profitable - to repair the car to slightly raise the sale price or sell car in that kind and technical condition, which is now. The term "repair the car" - meaning that you should spend some money on cosmetic repairs and remove all shortcomings of the appearance of the car.
If you want to sale quickly, without spending extra finance for this, you'll definitely have to do a good discount to the potential buyer. But beware. Market conditions are such that you must always keep the price by 5-6% higher than that for which the goods are ready to sell, so you can make bargain. If you have extra time to sell the car, then you can inflate cost by 10%.
The bulk of the buyers are interested in small dents on the back of a car, latent defects and, as already mentioned, the cleanliness of the cabin. If you eliminate all this, then your customers will look nicer car, and there is a high probability of the transaction. Do not try to force the car with stories about what kind of wonderful it is, it can be alerted. Clearly and distinctly answer only those questions that you asked.
Remember that the customer is always right. And even if his questions are not competent, have patience, because you need to sell a car. Do not argue, many consider themselves experts in high technology matters.
Practical advices on preparation
It is important to remember that preparation of the car to the sale always implies expenses which might not be justified. For example, if cost of preparation composed 30-40% of car sale cost, it is apparently should be refused.
Start preparing the car for sale must be from the engine. Adjust the supply of oil and fuel to the engine plant with one turnover. Fill the fuel additives that will reduce the smoke and improve its capacity. Try to eliminate knocks and noises.
There allowed presence of slight traces of oil on places of joints of the engine parts. Outwardly, they look as if there was fogging of the engine. No way, does not wash them. The buyer should make sure that there are no strong oil leaks. Equally, it applies to the gearbox and suspension to nodes.
Spark plugs should be removed and cleaned to reduce the gaps in the spark light to 0.8 mm. Running the engine of this will be more evenly without jerking. It is better before sell of the car to change oil. If it will not help, change the spark.
If you treat cover of the distributor by any repellent products, it will wind up the engine faster.
Expansion tank must also be washed, so that the buyer did not notice dirty and rusty cooling system of your car.
Eliminate squeaks of drive belts.
Check electric wiring and if it is wrong, you should fix these problems.
Wash the car interior to shine, vacuum and clean the upholstery of chairs in the salon. Rub to shine the dashboard. Make everything so that the potential buyer does not want to leave the salon. A person, especially aspiring driver can fall in love with design of the car or in the beauty and comfort of the cabin so that forgets to pay attention to the technical side.
Tidy trunk, remove all unnecessary things and clean it.
Presale preparation provides and body repair. If you want to sell your car more profitable, have a little splurge. Touch up, paint and remove the rust.
Before selling the car do not skimp on the quality of gasoline. Fill the car only needs high-quality gasoline.
In general, conduct pre-selling car preparation, as would have made for yourself.
Where to find a buyer?
In that case, if you're not in a hurry to sell your car to fetch for it wished amount of money, then you need to make an ad in most of the media associated with buying and selling cars. You should not be limited to local common automotive press that on the lips of neighbors and friends. Most newspapers offer advertising services not only in printed form, but also have a web site where you can create and publish a free ad.
List of popular newspapers:
List of Web sites that provide advertising services and possibility of free ads for your vehicle:
The advantage of using Web sites to look for buyers is that, in this case, you are given the opportunity to give full information about the car, right down to the smallest detail. The system alerts about potential clients, also present on these resources. Possibility to receive information about comments to advertizing via email.
Quickly sell the car; you can just driving out on the car market and show the item, let’s say, by face. Sell auto to dealers (who will offer lower price) or the owner by hand delivery, it’s you have to decide. The main thing to remember that every item has a buyer.
Steps for processing sales
The most reliable from a legal point of view, a way to sell a car is the conclusion of transaction of the sale/purchase. Because car is a movable property, in order to become its owner, no state registration is not necessary. "So how? - Many drivers will object. - What about registration with the Traffic Police Department? ".
Formulation of a vehicle registered in the Traffic Police Department does not mean the registration of property rights. It's just an admission of the vehicle on public roads. So, buying a car, you can drive on it, for example, on your country site without registration. Therefore, the seller and the buyer are free to enter into a contract of sale/purchase, without the help of intermediaries, commission shops, notaries.
For such transaction execution is better to remove the car from the register. After that, parties will draw up a contract of sale/purchase in duplicate. The right of ownership from the seller to the buyer comes at the time of signing the contract. Such an agreement can be concluded without taking a car off the register. Price of the car at the conclusion of the contract, parties defines by themselves. But keep in mind that in the case of a dispute the court will take into account the price that was written in the contract.
The contract of sale/purchase also indicates passport details of seller and buyer, complete data of the vehicle. If on the name of the buyer or seller acting an agent, its data and data about the power of attorney is also entered into the contract.
But since not all of our citizens are legally savvy, it is better to apply for execution of the contract to a notary. The execution of deal will take more time than the power of attorney. True, the notary will have to pay almost twice more than the power of attorney, but the warranty and the seller and the buyer got much more. By the way, spent for services of notary money will back for re-registration of car in the traffic police. Buyer when registering simply submits a copy of the contract and necessity to present any additional documents will not be required.
And yet it is worth mentioning about possibility to sell the car by the power of attorney. We will not deny that such sale takes place and some of the car owners enjoy such kind of sale. But al disadvantages of this operation, if dubious advantages, sooner or later will still pursue you.
Usually it works like this: customers buying a car, simply draw up a general power of attorney at the notary, and after 15 minutes satisfied with the transaction are rubbing their hands.
By issuing a warrant, and received money, many believe that this way they have already sold the car, and the new owner believes that the car is already his property. But in reality it is not so!
Imagine the situation: in the hands of a citizen's power of attorney for deregistration of the vehicle and its sale, this vehicle he wishes to acquire into property and put on record to his name. Taking into account that the attorney did not give him the right of ownership, but merely entitles him to withdraw from the account and sell the vehicle, a citizen cannot possibly sell it to himself, because we cannot conclude a sales contract with ourselves. This type of transaction is at least two-sided, that is, to transactions, in which necessarily must involve at least two persons.
In addition, car dealer, who made a power of attorney, we must remind: if he remains the owner, he must pay vehicle tax. If it won’t make person who bought vehicle in the power of attorney, tax workers will claim directly to the owner, and words that the car is sold, will not help. But the buyer may have problems even with the passage of the inspection, as necessary to pay for the service on behalf of the owner of the car by showing his identification document (TPN).
Sale and purchase agreement of the vehicle (car) is regulated by the Articles 106-444 (General Resolutions of purchase and sale) of the Civil Code RK.
More information about deregistration
The procedure for de-registration is carried out in the registration departments of the Traffic Police and in the specialized departments of the State Corporation "Government for Citizens" NGJSC (Special PSC).
List of documents for deregistration
For deregistration vehicle must be submitted to the registration division:
- The record of registration (de-registration) of a vehicle (this document is not provided to the State Corporation).
- Document proving the identity.
- Technical document.
- SRNP, CRV and/or registration documents of a vehicle temporary imported into the Republic of Kazakhstan, including under an obligation to re-export.
- Order of a legal entity on the allocation and transfer of a vehicle to its structural unit or other legal entity or individual, certified by the seal.
- The document confirming the ownership of the vehicle, the numbered unit, which include:
- copies of documents confirming the passage of customs clearance (customs declaration, customs receipt order), an obligation to re-export in cases of temporary importation) (original is submitted for verification);
- a writ of execution accompanied by a copy of the court decision certified by the court, a decision, notification of the bailiff about the actions of the state body to be executed;
- copies of contracts, transactions, certificates, documents on the right to inherit property, compiled in accordance with the requirements of civil law (the original is provided for reconciliation).
Term of deregistration
The car withdrawn from the account during working day. What you get as a result of removing the vehicle from the register. Certificate of state registration of the vehicle will be cut and in it will be done recording, corresponding to the circumstances of deregistration of the vehicle, which will be stamped.
The vehicle will be issued registration plates "Transit", indicating their validity period (10 days, can only be extended once for another 10 days). Transit license plates registered in the organs of the traffic police.
Deregistration in another region
If the vehicle is registered in another region, in order to remove it from the register required to make a statement to the chief of traffic police unit and register it in the office. Deregistration will be made only after the execution of queries about the absence of any restrictions on the removal from the register at the place of vehicle registration, credentials and clarify information about the owner, as well as after the execution of requests for interstate and republican data bases on the absence of data transport and owners wanted list. After decision on deregistration the, information will be sent to the registration point at the place of its registration. The whole procedure of removal from the register thus generates 10-15 days.
Should I take the car off the register when I make a sale at the notary?
If you intend to sell the vehicle on the sales contract through the notary's office, then you don’t need to pass procedure for deregistration.
Arrest and bail when removing the vehicle from the register.
Obstacle to the removal from the register may be the presence of prohibitions, restrictions, arrests, change of ownership. The vehicle may be removed from the register only after submission of documents to lift these bans or restrictions or court decisions on the alienation or transfer of vehicle ownership to other entities.
The vehicle is in pledge at the bank or other person in the presence of a mark on the pledge in the books of registration of vehicles and databases cannot be removed from the register.
Who can be addressed for deregistration?
Deregistration must be conducted by owner of the vehicle or his representative by the letter of attorney. In the letter the powers for deregistration should be specified. If physical body acts as a grantor, then the letter of attorney should be certified by notary. The letter of attorney of legal body is certified by the seal.
If there are 2 or more citizens are owners of the vehicle, deregistration is made according to the written consent of owners or notary certified letter of attorney.
More information about registration of the purchase/sale agreement
Purchasing a car is made in the contract of purchase/sale. Although the legislation does not establish the need for its notarization, in practice authorities of traffic police are taking Traffic Police for registration from citizens of this notarial deed. Also without contract of purchase and sale the seller and the buyer can issue the written form of the transaction (WFT) at the inspector of special PSC.
For registration of purchase and sale of the car you need to get inquiry of traffic police department, in which is registered vehicle, on the absence of its pledge.
It also required personal appearance of the seller and the buyer with identity cards (passports), proof of vehicle registration (registration certificate).
If the vehicle is acquired during the marriage and has not been received as a gift or by inheritance, the seller must ensure the presence of a notary of spouse (wife) with an identity card and marriage certificate. The buyer, if married, must also be with his wife (or husband). Law of the Republic of Kazakhstan "On marriage and family" (Article 33) states that the disposal of common property (that is acquired during marriage) made by mutual consent of spouses. Transaction in respect of common property, made by one spouse, requires written consent of the other spouse, which is signed at the notary.
Often, because of the reluctance to bring a spouse to a notary, one or both sides say the lack of marriage, which is signed by the appropriate application. And the other side of the transaction, even knowing that it is not, agrees to save time. This is not recommended. Spouse, whose notarized consent to the commission of specified transaction has not been received, has the right to demand that transaction invalid in court within one year from the date when he knew or should have known about the conclusion of the transaction (Article 33 of the Law "On Marriage and Family").
Price of the car and payment for it
The notary indicates in the contract selling price of the car with the words of the parties. Sometimes parties of the agreement reflect in the contract amount that does not match reality. It may be advantageous to the seller, not wanting to pay taxes, but it is not in the interest of the buyer. If there is litigation and proceedings in the case of subsequent cancellation of the contract it could be a return of only the amount specified in the contract. Car prices do not affect to the expenses for registration.
Assessment of the vehicle for processing the transaction is not required.
Payment for sold vehicle more convenient to perform in front of a notary, as to avoid disputes is made note in the text of the treaty.
"Sale" car by power of attorney
A popular way to sell a car is to give power of attorney for managing and selling to the buyer. Can I buy and sell car this way? And what problems it can cause?
Typically, such "sale" is going on like this. The seller makes out with a notary power of attorney to manage and sell the vehicle at the buyer's name. After registering the data of warrants in the Traffic Police (which must be done within 10 days from the date of registration), the buyer considers himself as the owner of the car. Payment is made in exchange for the attorneys and car. This often is not prepared any documents on the payment of money.
"For Sale" here is indicated in quotes, because the power of attorney by itself is not a transaction of purchase/sale.
Are there advantages in buying and selling a car by power of attorney?
What is attracting a lot of people this way? Indeed, there are a number of so-called "pluses" of such design:
- Low cost. The cost of the power of attorney is much lower of the cost of the contract of sale.
- Fast. A visit to a notary public takes no more than an hour. Register of the power of attorney at the Traffic Police also does not take much time.
- No need to register the car to the new owner, to change the certificate of registration, registration number.
- No need to claim the consent of spouses.
- Ability to purchase a car for a short period or for resale.
Disadvantages of purchasing and selling a car by power of attorney?
Now about minuses, which much more. And there are some unpleasant moments, and for the buyer and seller.
Buyer should not buy a car by the power of attorney, because:
- He does not become the owner of the car, and only gets the authority to manage and sell the car. The owner is still the same person named in the certificate of registration of the vehicle. On the property may be seized arrest for its debts, even if those debts arose after the transfer of the car to a new owner.
- The owner of the vehicle may at any time revoke a power of attorney, without explaining to anyone the reasons. It is used in various fraud schemes with cars.
- Usually nowhere reflected the amount for which sold the car as that car sold at all, so in case of dispute and return of the vehicle may lose paid money (it is necessary to take from the seller at least a receipt for the amount of money received for the car).
- The vehicle may be laid or arrested prior to the transfer of powers of attorney and the owner cannot sell it in the future (although it is possible to check in advance), and it may even be listed in the hijacking, which generally will result in removal of the car.
- Spouse of the owner of the car is usually not present at the issuing power of attorney, so have no agreement on the subsequent sale of that later allows you to recognize the sale of this vehicle as invalid (this can be avoided if the stock up when issuing power of attorney by the consent of spouse to sell).
- In case of an accident at the owner by attorney will be no right to recover damages. Damaged car - not his property, and the power of attorney to claim at the court on behalf of the owner of the car have to be get.
- The maximum validity of powers of attorney - 3 years, and if a power of attorney issued by way of transfer - within the term of the original power of attorney. Very often on the duration term remembering only when it ends. We have to seek out the owner of the certificate of registration, that he gave new powers of attorney.
- In case of death of the person who issued the power of attorney, it shall be terminated. So you will have to go to the heirs of the owner of the car, and there is no guarantee that they will probably agree, without additional compensation.
What threatens if the seller selling a car by the power of attorney:
- Giving car by the power of attorney, he remains the owner, and therefore liable to pay vehicle tax. If it does not make a person acting by the power of attorney, tax authorities will claim it against the owner and no excuses that the car is sold will not help. In case of delay in payment of tax will also be assessed penalties.
- The car still will be registered for the previous owner. It is possible that the owner may be disturbed in case of any accidents involving a car (accident, crime, etc.). At the end of the term of the power of attorney to the owner for a long time can turn entities that bought a car by the power of attorney by way of transfer and not registered it on themselves.
Last update: 30.09.2020