The process of selling or buying a car is always accompanied by paperwork, and the most important document here is the purchase and sale agreement (SPA). Many citizens are at a loss when they see the fields to fill out in the form and do not understand who exactly will receive each of the sheets. The question of how many copies need to be printed is critically important, since the successful registration of the vehicle with the traffic police and the absence of problems with the tax authorities in the future depend on this.
An incorrect number of copies may result in the buyer being unable to register the car, and the seller being unable to confirm the fact of a change of owner, which may result in the accrual of transport tax and fines for the new owner. In this article, we will analyze in detail the legal requirements, the nuances of filling out and distributing documents between the parties to the transaction, so that you can conduct the transaction as safely and competently as possible.
Modern legislation does not require notarization of a contract when selling a car between individuals, which greatly simplifies the procedure. However, the simplicity of registration does not eliminate the need for strict adherence to formalities. Number of copies directly depends on the number of participants in the transaction and the requirements of government authorities, so the preparation of documents must be approached responsibly, having prepared the required number of copies in advance.
Legislative requirements for the number of copies of the DCP
According to the current Civil Code of the Russian Federation, a purchase and sale agreement is considered concluded at the moment it is signed by the parties. The law does not establish a strict limit on the number of copies, but dictates the logical necessity for each of the interested parties to have the original. The basic rule is: as many parties to the transaction as there are, so many originals should be on hand. In a standard situation where there is one seller and one buyer, the minimum required quantity is two copies.
However, real practice requires taking into account the interests of government agencies. The main consumer of the document is State Traffic Inspectorate (STSI), where the new owner applies to re-register the car. The inspector removes one original of the contract for inclusion in the archival file, so the buyer must keep his own copy. If you print only two copies, then after submitting one to the traffic police, the seller will have nothing left, which is a serious mistake.
โ ๏ธ Attention: Never give the only copy of the contract you have left to the buyer with the words โIโll take a copy for myself later.โ The traffic police may require the original with โliveโ signatures, and a simple photocopy or color scan is not always accepted by registrars, especially if there are doubts about the authenticity of the transaction.
Thus, the minimum safe number of copies for a classic transaction between two individuals is three. One remains with the seller, the second is taken by the buyer for himself, and the third is intended to be handed over to the police registration department. This is the gold standard that protects the interests of all parties and follows bureaucratic procedures.
Distribution of copies between transaction participants
Understanding exactly where each piece of paper goes helps avoid confusion when signing. Let's look at the fate of each specimen in more detail. The first copy, which remains with the seller, serves as the only proof that the car no longer belongs to him. It is on the basis of this date that the agreement stops accrual transport tax to the former owner if the new owner registers the car on time.
The buyer needs a second copy for everyday storage in the car along with other documents. Although it is not required by law to carry it with you (a registration certificate and insurance are sufficient), it may be needed in controversial situations, for example, when checking VIN numbers or questions arise from traffic police officers regarding the legality of ownership. The third copy, as already mentioned, is sent to the archives of the MREO traffic police.
There is also an important nuance regarding insurance company. When applying for an MTPL policy, insurers often ask for a copy of the contract, but sometimes they may also require the original for verification, especially if the car was purchased on the day of application. Although a copy is usually enough for them, having a fourth copy in the buyer's hands can make life much easier on the day of purchasing the policy, eliminating the need to find a copy center in a hurry.
The distribution must occur immediately at the time of the transaction. You shouldnโt rely on the fact that โweโll figure it out somehow.โ All three (or four) copies must be signed by both parties at the same time. If corrections are made to the contract, they must be certified by signatures on all copies without exception, otherwise the document may be declared invalid.
C: selling a car with the participation of intermediaries
The situation becomes more complicated if third parties are involved in the transaction. For example, if the sale is not carried out by the owner himself, but by his representative notarized power of attorney. In this case, the number of participants does not formally change, but an additional document appears that also requires attention. However, if we are talking about selling a car through a car dealership or a consignment site, the scheme may change.
The question often arises: what to do if a car has several owners? If the car belongs, for example, to spouses or heirs in shares, then they all act as sellers. In this case, each owner must receive their own copy of the agreement, or the agreement must clearly state which of them gets the original, and the rest receive certified copies. But for peace of mind, it is better to make one copy for each owner-seller.
Let's consider the table of distribution of copies depending on the composition of participants:
| Transaction type | Seller | Buyer | traffic police | Total minimum |
|---|---|---|---|---|
| Standard (1 on 1) | 1 piece | 1 piece | 1 piece | 3 pcs. |
| Buying for a family (1 seller, 2 buyers) | 1 piece | 2 pcs. (to everyone) | 1 piece | 4 pcs. |
| Trade-in | 1 piece | Salon (multi-volume) | 1 piece (for salon) | 3+ pcs. |
| Sales through a representative | 1 piece (to the owner) | 1 piece | 1 piece | 3 pcs. |
In case of a transaction Trade-inWhen you trade in an old car for a new one at a dealership, the number of units is usually dictated by the dealer's internal rules. Most likely, more of them will be needed, since the documentation passes through the accounting department, legal department and company archives. In such cases, it is better not to print the forms yourself, but to use the salon form.
Technical requirements for design and printing
No less important than quantity is the quality and method of printing documents. The agreement can be filled out by hand with a ballpoint pen (blue or black) or printed on a computer. If you choose the computer option, it is important to understand that all copies must be identical. The situation is not allowed when an error is corrected in one copy but not in another, or when the handwriting in the signature column is different.
Printing should be carried out on standard A4 sheets. Do not use paper that is damaged, heavily wrinkled, or has faded text. The text should be read clearly, without blurring. Pay special attention VIN code and unit numbers: any typo in one digit will make the contract invalid for registration, and you will have to draw up a new document or make certified corrections, which raises unnecessary questions for inspectors.
โ๏ธ Check before printing the DCT
If you fill out the contract by hand, use only one pen for all copies at once so that the handwriting and ink color do not differ. This may seem like a small thing, but in the case of forensic handwriting analysis, the uniformity of the materials makes a difference. It is also prohibited to use pencil or erasable ink (friction pens), which disappear when heated.
โ ๏ธ Attention: If you print the agreement on a printer, make sure that all pages, including those that remain with you, have โliveโ signatures. A common mistake is to sign only one sheet and copy the rest. A photocopy of the signature has no legal force, and the traffic police will not accept such a document.
Nuances of document storage and recovery
After a successful transaction and registration of the car with the traffic police, the seller and buyer retain their own copies. The question arises: how many years should they be stored? For the seller, this document is critically important for three years, since this is the period that covers the possibility of filing a tax return (3-NDFL) in the event of selling a car for more than the purchase price, as well as the statute of limitations for possible disputes.
The buyer needs the contract before the next sale of the car. Upon subsequent sale, he will have to present a document confirming how the car came into his possession in order to justify expenses when calculating tax. If the buyer loses the contract, it will be extremely difficult to restore it. You will have to contact the seller with a request to make a copy of your copy and certify it, or go to the traffic police, where their copy is stored, and request an extract from the archive, which is a lengthy bureaucratic procedure.
What to do if you lost the contract before registration?
If you lost the contract before registration, the situation is critical. Without the original, the traffic police will not register. You will have to track down the seller and ask them to rewrite the contract with the same date (which is risky for the seller) or draw up a new one with the current date, which may raise questions about the gap in ownership. The best advice is to keep all documents in one folder and make scanned copies immediately after the transaction.
It is recommended to store documents in a dry place, protected from direct sunlight, so that the text does not fade. Many lawyers advise immediately after signing to make high-quality scanned copies or photographs of all pages of the contract and save them in cloud storage. This will not replace the original, but will help to quickly restore data (numbers, dates, passport details) in case of loss of paper media.
Common mistakes when preparing documents
Despite its apparent simplicity, errors when drawing up a policy are common. One of the most common is the use of different forms for different parties. For example, the seller downloaded one form from the Internet, and the buyer downloaded another, with a different set of fields. This is unacceptable. All copies must be printed on the same template.
Another common problem is the absence of a date in the contract or discrepancies in dates in the copies. The date of conclusion of the contract is the starting point for the transfer of ownership and risks. If the sellerโs copy has one number and the buyerโs has another, this is a direct path to registration refusal and suspicion of fraud. Date synchronization required on all sheets.
Use the same pen to fill in all fields at the time of transaction. Do not fill out some of the data at home and some at the traffic police department - this will lead to differences in handwriting and pressure, which can be regarded as adding data post factum.
They also often forget to write down the cost of the car in numbers and words. Although the amount is not always critical for registration with the traffic police, for the tax office it is of paramount importance. The absence of value or its obvious underestimation (for example, 1000 rubles) may attract the attention of tax authorities and lead to additional taxes based on market value.
FAQ: Frequently asked questions
Do I need to have a sales contract certified by a notary?
No, transactions between individuals do not require notarization. The agreement has full legal force if there are handwritten signatures of the parties. A notary will only be needed if a share in the ownership of a car is being sold (which is rare) or if one of the parties is acting under a power of attorney, which needs to be verified (although a power of attorney is now often sufficient in simple written form if it is not required by law to be notarized).
Is it possible to fill out a contract with different pens?
Technically, the law does not prohibit the use of different pens, but in practice it looks suspicious and may raise questions from traffic police officers. It is recommended to fill out the entire package of documents (all copies) with the same pen at the same time so that the handwriting and ink color are identical.
What to do if an error is found in the contract after signing?
If an error is discovered before going to the traffic police, it is best to print out a new blank form and fill it out again. It will take 5 minutes, but will save you from nerves. If it is impossible to rewrite, the error can be crossed out with one line, the correct version can be written next to it and the inscription โBelieve the corrected oneโ can be placed, certified by the signatures of both parties. However, the traffic police may refuse to accept such a document if there are many corrections.
How long is the purchase and sale agreement valid?
The validity period of the agreement for submitting documents for registration with the traffic police is 10 days from the date of signing. If you do not meet this deadline, you may be fined for late registration. The contract itself does not have an expiration date as a document of ownership; it is valid indefinitely until the car is sold again.
Is a seal required in the contract?
A seal is not placed in a car purchase and sale agreement between individuals, since citizens do not have seals. A seal is required only if one of the parties to the transaction is a legal entity (for example, when buying a car from a company). In this case, the seal of the organization must appear in the appropriate column.
Main conclusion: For a standard transaction, always prepare at least three copies of the contract - for the seller, the buyer and the traffic police. A fourth copy for insurance or personal archives will not be superfluous.