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.