If you want to use a car, it is absolutely not necessary to buy it yourself. You can get it by proxy. Naturally, such a document can be issued only by the person who owns the vehicle and trusts you. In addition, a general power of attorney for the car makes it possible to sell it. However, there are certain features that should be considered in more detail.
What is a document?
A general power of attorney for a car is a specific paper that gives a person the right to drive and dispose of a vehicle without being its rightful owner. Both a relative and a completely stranger can draw up a document. A feature of such a power of attorney is that a notary public is required to certify it. Without its signature and seal, the paper has no legal effect.
A general power of attorney for a car has certain advantages and disadvantages that you need to know. All features of the transaction are governed by civil law. Please note that when concluding a transaction, a person receives only the opportunity to use the vehicle. The right of ownership does not pass to him.
Such a power of attorney is a kind of one-way transaction at the conclusion of which only the owner of the machine can be present. The presence of other persons is not necessary. The document must prescribe all the technical data of the car, as well as the name of the person who issued the paper.
Document Benefits
A general power of attorney for a car has certain advantages:
- Its owner gets quite ample opportunity to use the machine.
- You do not need to experience all those inconveniences that pop up when you make a contract of sale. For example, you do not have to register a car with law enforcement agencies.
- You can sell the car on behalf of the owner to a third party.
- The power of attorney is updated every three years. Although the legislation may provide for another term, if the owner so desired.
- In this way, you can save money, which, when buying, goes to pay taxes and technical inspection of the machine.
Document flaws
Please note that a general power of attorney for a car, a sample of which you can see in the article, has certain disadvantages:
- You still have to pay for it. In addition, notary services are also paid.
- An incorrectly executed document has no legal force.
- The power of attorney may be revoked at any time.
- This transaction does not protect either the owner or the recipient from certain risks.
- The user does not have ownership of the vehicle.
- Unfortunately, there are many cases of fraud through this document.
However, if you decide on its design, then try to be as careful as possible, and check everything out well. An appeal to a lawyer will not be superfluous.
What are the risks for the owner and the recipient?
A general power of attorney for a car, a sample of which is already familiar to you, is not able to protect participants in this transaction from certain dangers. Therefore, you should consider what risks may await you:
- The user of the vehicle may not know that the document has been canceled. That is, this procedure does not require his consent.
- If you sold the car by proxy, then you may be required to return the funds received to the owner, if he so requires.
- The car owner has the right to transfer or sell it to a third party, even despite the power of attorney. However, he is not required to ask your permission.
- A general power of attorney for a car (Ukraine and other countries means), which provides for the same clearance standards as in international law, may be invalid if the owner is declared legally incompetent. If he dies, then the car is inherited by his successors.
- A new document can be issued only by the owner of the vehicle.
- If you suddenly had an accident, then all proceedings should occur only on behalf of the owner of the car. At the same time, the recipient of the power of attorney can disappear from the scene of an accident, and it will be the owner who will answer.
What rights does the owner of the document get?
So, a general power of attorney for a car, the price of which ranges from 400 to 800 rubles and above, opens before you such opportunities:
- Drive and maintain a vehicle.
- Represent the interests of the owner in all state bodies or before individuals (legal entities).
- Submit various certificates or documents, as well as sign applications on behalf of the owner of the vehicle.
- Determine where the car will stand.
- Representation in court on behalf of the owner. The recipient of the power of attorney can protect the rights of the owner on his behalf.
When does a document expire?
The cost of a general power of attorney for a car depends not only on the type of vehicle, its size and technical characteristics, but also on the price of notary services. Please note that sometimes its effect may be terminated early. It loses its validity in such cases:
- Was produced revocation of power of attorney car owner.
- The trustee no longer wishes to fulfill the duties and requirements set forth in the document.
- If the owner of the car is recognized legally incompetent or his legal capacity is limited.
- The owner of the car is dead.
- The legal entity on behalf of which the power of attorney was issued was reorganized or liquidated.
How to draw up a document?
To do this, you need to contact a notary public. The design process has the following features:
- First you need to fill out a general power of attorney for the car.
- To a notary public, you also need to grab a document proving your identity, along with copies. In addition, you will need the passport data of the person in whose name the power of attorney is drawn up. Be sure to take a certificate confirming the state registration of the vehicle, and its technical documents.
- The document should not be abbreviated. That is, the numbers need to be duplicated in words. Without a signature and date, it is considered invalid. Please note that if the power of attorney is a legal entity, then it must be certified with a company seal.
- All duties and powers of the recipient should be spelled out as detailed as possible.
Features of the sale of a vehicle by proxy
This deal does not actually change the status of the car. That is, the owner does not change. The recipient of the power of attorney can only use the property and dispose of it within the specified limits.
In order to make a sale, you must have with you the personal documents of the owner, the passport of the car, as well as the specified document. However, note that after the death of the owner of the car, such a transaction is canceled.
Even selling a car by general power of attorney does not exempt the owner from paying taxes on it. Naturally, this is considered a minus of the procedure.Moreover, today there are other options that allow you to easily purchase a vehicle.
Nuances
They are very important if you want to make a deal of this kind. So, you can highlight the following nuances of the procedure:
- The document will be valid exactly as long as specified by the owner.
- If a court decision is taken against the owner to seize his property, then this can also apply to the car. In this case, the recipient of the power of attorney will lose the ability to dispose of transport.
- If nothing is written in this paper, and the car is insured, then in the event of an accident, it will be the owner who will receive the payments.
- Any violations of the rules of the road entail liability. Moreover, penal receipts will come not to the person who is driving, but to the owner of the car.
In principle, these are all the features of the design of a general power of attorney. This procedure can be carried out very simply. It does not take much time, but gives good opportunities. The main thing is to comply with all conditions of the power of attorney and try to drive carefully. Good luck
General power of attorney for a car - download the form