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The contract of sale is the oldest of all transactions. Its purpose is the transfer of a thing by one person to another with the transfer to the latter of the right of ownership, another property right.

Sales contract defined Civil Code Republic of Belarus as an agreement by virtue of which the seller undertakes to transfer the property into ownership, economic management, operational management to the buyer, and the buyer undertakes to accept the property and pay a certain amount of money (price) for it.

The scope of contracts of sale is extremely wide - from the acquisition by citizens of consumer goods to the sale of enterprises. In all these cases contract of sale retains its characteristics, in each of the areas of application, however, acquiring its own specific features.

The sales contract has the following types: retail purchase and sale, supply of goods, supply of goods for state needs, energy supply, contracting, sale of real estate, sale of an enterprise.

Below we will talk about common features inherent in any contract of sale.

Sales contract: goods

Goods are movable and immovable property, with the exception of property that cannot be owned by other persons, except for the state.

Sales contract: parties

There are two parties involved in a contract of sale: the seller and the buyer. They can be both individuals and business entities (entrepreneurs and organizations).

The seller in the contract of sale may be a person who has the authority to dispose of the property. As a rule, this right belongs to the owner. Other persons without the permission of the owner are not entitled to dispose of his property.

Sale and purchase agreement: form

In the Civil Code of Belarus there are no special rules on the form of a contract of sale. This means that the form of this contract is determined by general rules on the form of transactions, with the exception of cases provided for by law (sale of an enterprise, real estate).

Purchase and sale agreement: essential conditions

Essential conditions of this agreement are the terms:
- about the subject (name of goods; quantity of goods; assortment of goods);
- the purpose of the acquisition (in certain cases).

Sale and purchase agreement: rights and obligations of the parties

The main obligation of the seller is to transfer the goods and transfer to the buyer the right of ownership (the right of economic management, the right operational management) in relation to the goods. The seller, as a rule, is obliged, simultaneously with the transfer of the goods, to transfer to the buyer its accessories, as well as documents related to it (technical passport, quality certificate, operating instructions, etc.) provided for by law or the sales contract. The transfer of goods to the buyer is carried out in the prescribed manner - in a certain quantity, in the agreed assortment and completeness, of the established quality, in the appropriate container and packaging.

The main responsibilities of the buyer are the acceptance of the goods and their payment.

Sale and purchase agreement: transfer of ownership from the seller to the buyer

The right of ownership of the acquirer of a thing under the contract arises from the moment of its transfer, unless otherwise provided by law or the contract. In cases where the contract of sale establishes that the ownership of the goods transferred to the buyer is retained by the seller until payment for the goods, the buyer is not entitled to alienate the goods or dispose of them in any other way before the transfer of ownership to him. If, within the period stipulated by the contract of sale, this product is not paid, the seller has the right to require the buyer to return the goods to him.

As legal services I can offer you the following four:
1. legal expertise (simply checking) of your sales contract for compliance with its legislation of the Republic of Belarus. Cost from 300,000 rubles (from $40);
2. preparation of separate terms and conditions for your sales contract. Cost from 300,000 rubles (from $40);
3. development of a sales contract for custom order. Cost from 1,000,000 rubles (from 110 US dollars);
4. Provision of a sales contract form that best suits your situation - 300,000 rubles (from $40).
The term for preparing documents is from 24 hours to 3 working days.

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I make life easier
lawyer Nikolai Kalyunov

20.08.2017

If you want to sell your used car on a completely legal basis and do not want any problems to arise in the future, drawing up a car purchase agreement in Belarus is the best option. It is about the specifics of this type of sales that we will talk today.

Let's start, perhaps, with the option when both the seller of the vehicle and its buyer live in the same region.

Drawing up a contract for the sale of a car in one region

If both participants in this legal action - both the seller and the buyer live in the same region of Belarus, then the procedure for processing the coolie/sale of the vehicle transaction will look like this

• first you need to come to the MRO GAI, in which the car is registered. Moreover, both the seller and the buyer of the car come. Only they prepare two different applications (the seller - about deregistration of the vehicle in the MRO GAI, and the buyer - about its registration). All Required documents(samples of filling out applications) can be found at the stands in the traffic police, or on the Internet;
• traffic police officer without fail checks the numbers on the body of the car being sold with those indicated in the documents. So, an attempt to sell a stolen car with broken numbers is most likely doomed to failure;
• the purchase / sale agreement is filled out in three copies (one for the seller, the other for the buyer, the third for the MRO GAI). All necessary state duties and services are paid computer technology. If there is such a need, the change of vehicle numbers is also paid;
• the contract signed by both parties to the transaction is registered by an employee of the MRO of the traffic police;
• as soon as the contract is signed, the execution of the contract for the sale of the car is considered completed, and the car has a new owner. He will need to come to the MRO GAI for a new registration certificate when he is appointed. At the same time, a mandatory vehicle insurance contract will be drawn up in his name.

Thus, the contract is executed if both parties to the transaction live in the same region.

Drawing up a contract for the sale of cars, different regions

If the seller and the buyer live in different regions of Belarus, then the execution of a car purchase agreement will look a little different:

• the owner of the car goes to his MRO GAI at the place of registration of the vehicle and writes an application to deregister it for transit numbers. In the event that the buyer of the car is also with him, then he can, together with the seller, submit a purchase / sale agreement for registration with the MRO of the traffic police of the seller. In this case, it is he who takes the transit numbers when they are issued. By law, within 10 days, the buyer must register vehicle at the place of its registration;
• it is possible that the car already has transit numbers at the time of its sale. In this case, you can register a car in any MRO GAI. If it is carried out at the place of registration of the new owner of the car, then you can immediately submit an application to the relevant authorities to register the car.

As you can see for yourself, the execution of a contract for the sale of a car in one region and in different regions not so difficult that it can not cope.

"___" __________ ____ y. y. __________

ALC "___________", hereinafter referred to as the "Seller", represented by the administrator in the bankruptcy proceedings - ____________, appointed by the ruling of the Economic Court ____________________ dated "___" __________ ____ and __________, hereinafter referred to as the "Buyer", represented by ________________, acting on the basis of __________ have concluded this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller sells and the Buyer buys the car ___________ (hereinafter referred to as the "goods").

1.2. Delivery of goods is carried out on the terms of self-delivery with a written notice to the Buyer about the location of the warehouse (parking lot). Acceptance of the goods is carried out according to the bill of lading and according to the act of acceptance and transfer at the warehouse (parking lot) of the Seller, which is signed by the representatives of the Seller and the Buyer.

1.3. The cost of goods under this contract is ________ Belarusian rubles, including VAT - _________ Belarusian rubles.

1.4. The Seller undertakes to transfer the above goods to the Buyer within __ banking days from the date of receipt of the advance payment to the Seller's account.

2. PAYMENT PROCEDURE

2.1. Payment for the cost of the goods is made in the form of a 100% prepayment of the cost of the goods no later than __ days from the date of conclusion of this agreement to the Seller's settlement account specified in the agreement.

3. RESPONSIBILITIES OF THE PARTIES

3.1. In case of delay in the transfer of the prepayment, the Buyer shall pay the Seller a penalty in the amount of ____% of the value of the unpaid goods for each day of delay.

3.2. In case of delay in the transfer of goods, the Seller pays the Buyer a penalty in the amount of ____% of the value of the goods.

3.3. The payment of penalties and fines does not release the parties from the obligation to compensate for the damage suffered by the other party as a result of their failure to comply with the terms of the contract.

4. QUALITY OF GOODS, OWNERSHIP

4.1. The quality of the goods must comply with the regulatory and technical documentation for this product. The manufacturer is responsible for the quality of the goods.

4.2. Acceptance of the goods for quality is carried out by the Buyer in accordance with clause 1.2 of this agreement.

4.3. The right of ownership of the goods and the risk of its accidental loss are transferred from the Seller to the Buyer from the moment the goods are handed over in terms of quality at the warehouse (parking lot) of the Seller.

5. FORCE MAJOR EVENT

5.1. Neither party will be held liable for a total or partial failure to perform its obligations if the failure is the result of flood, fire, earthquake or other acts of God or military conditions that arose after the conclusion of the contract.

Releases the parties from liability for non-fulfillment of obligations as well as a ban on the commission of actions that constitute the content of obligations emanating from the authorities state power and management.

5.2. If any of these circumstances directly affected the fulfillment of the obligation within the period specified in the contract, then this period is proportionally postponed for the duration of the relevant circumstance.

6. PROCEDURE FOR RESOLUTION OF DISPUTES

6.1. In all other respects that are not provided for in this agreement, the parties are guided by the current legislation of the Republic of Belarus.

6.2. All disagreements that arose during the execution of this agreement, the Parties will try to resolve through negotiations, and if no agreement is reached, by filing claims.

If the parties fail to reach an agreement, then any dispute, disagreement or claim arising from this agreement or relating to its violation shall be resolved in the Economic Court ___________.

7. OTHER TERMS

7.1. This agreement may be amended, supplemented and terminated ahead of schedule by written agreement of the Parties.

7.2. Neither party has the right, without the written consent of the other party, to transfer to a third party the rights and obligations under this agreement.

7.3. All appendices and additional agreements to the contract signed by the Parties are its integral part.

7.4. This Agreement is made in 2 copies of equal legal force, one copy for the Seller and the Buyer.

7.5. Facsimile copies of the contract and annexes, additions to it have the force of the original if there is an original seal of one of the parties on them. In this case, the original copies are sent by the parties to each other by mail within 10 days from the date of signing the relevant document.

7.6. This agreement comes into force from the date of its signing by both parties and is valid until they fully fulfill their obligations.

19.07.2016

The procedure for buying and selling a car and registering it is actually not as simple as it is often described. There are some nuances that you may encounter when registering a car.

There are two main procedures for purchasing a car and then registering it with the traffic police: by contract or by invoice. Both there and there you will need the following documents: registration certificate for the car, insurance, passports of the owner and buyer. We will go through all the stages of buying and registering a car together with the buyer, since it is the buyer who bears the most risks.

Registration of the car in the traffic police under the contract

Registration under a sales contract saves the seller's money for issuing an invoice, but requires the presence of the buyer and seller at the same time in the traffic police. A standard sample of the contract is on the website of the traffic police. This method is especially convenient if the owner and the buyer are registered in the same locality and there are no plans to change numbers. This saves not only time, but also money for registration of license plates.

So, the car is selected, agreed on a price, decided to issue through the contract. We signed the contract in three copies - one for the seller, one for the buyer, one will remain in the traffic police.

Now the registration procedure begins. The contract must be certified by the traffic police. First - reconciliation of numbers. We draw up an application for registration-deregistration, reconciliation - it can be printed from the website of the traffic police. Be careful - you need to print on one page.

The traffic police officer checks the body number of the car. If everything is in order, then the car remains in the parking lot, and the buyer and seller go to the office for paperwork.

But this is not the final check. The car will be checked again at the time of signing the contract. More on this later!

If both the seller and the buyer are registered in the same locality and the numbers are not planned to be changed, then we proceed as follows.

The buyer pays the fee for issuing a new registration certificate, without manufacturing numbers. With the duty paid, an application with a mark on the reconciliation of numbers and an agreement, the buyer and seller go to the registration window. Here everything is quickly drawn up (seal, signature of a traffic police officer, a copy of the contract for each and one remains in the traffic police) and the buyer is told when to pick up the registration certificate issued in his name. It is at the moment when the buyer picks up his registration certificate that he will become the full owner of the car.

This is where design nuances come in. The first - as soon as the contract was assured by the traffic police - the obligatory insurance of the old owner ceased to operate. You need to take out a new insurance for the buyer.

Life hack - insurance can be issued on the basis of the old insurance and contract, you can immediately take out insurance for a year or six months, and not for 15 days, as insurance agents near the traffic police often offer.

The second nuance, while the registration certificate is being issued for the new owner, the car is being checked: is it stolen, is it accepted on bail, and so on. And if something is wrong with the car, you will only know about it when you come for the documents ...

If the seller and the buyer are registered in different localities or in one, but are going to change the license plate of the car, then the following happens.

The procedure also begins with the reconciliation of numbers. After that, you need to remove the numbers from the car. With the numbers, the contract and a certified certificate of reconciliation of the numbers, the seller goes first to pay the deregistration fee, and then, together with the buyers, to the registration window.

Here the procedure is identical to that described above. Only the buyer will receive not a registration certificate in his name, but transit numbers and a registration certificate with a deregistration mark. After a certain time.

The risks are the same as described above, cars are checked. It's great when the seller and the buyer stay together until they receive transit numbers and a registration certificate with a withdrawal mark. Under normal circumstances, this takes about an hour.

The seller's insurance is also not valid. Need to make a new one. Moreover, for the buyer, the procedure has not yet been completed.

After receiving transit numbers and a registration certificate with a mark of deregistration, the buyer should again go to check the numbers at the place of residence, i.e. drive out of the parking lot. Even if the buyer registers the car in the same traffic police (changes the number) or, for example, in Zhdanovichi, where there is a traffic police of the city of Minsk and the Minsk region, the car must be driven again for reconciliation of numbers. Remember about insurance! Moreover, when applying, you will be asked for the old insurance, for this particular period with transit numbers.

So, again checking the numbers, paying the registration fee, for new numbers, valid insurance, contract and again the registration window. The seller is no longer needed. We are waiting for new documents and registration certificate. Congratulations, the car has now been re-registered.

After re-registration of the car, the new owner must undergo a technical inspection within a month from the date of registration of the car.

Another nuance, cars brought from Russia cannot be deregistered earlier than six months after the first registration of the car in Belarus. This is how long it takes to check the legality of the car. Be careful if you buy such a car.

text Alexander Popov

The transfer of ownership of a vehicle involves the implementation of some bureaucratic procedures and compliance with a number of formalities.

Cars are movable assets. Despite this, sales transactions to an individual or subject to urgent purchase of a car state registration. Obviously, the requirement of the legislator is due to the high cost of vehicles, as well as the potential danger posed by its operation.

You can formalize the acquisition of ownership of a car using one of two documents: invoice-inquiry, sales contracts. Any of them serves as the basis for registering the car with the traffic police for the new owner.

Some mistakenly believe that a power of attorney is one of the documents with which you can arrange the sale of a car. This is wrong. A legal attorney does not become a new owner, but only acts on behalf and in the interests of the owner of the car.

The considered methods of re-registration of the car are available to different categories of sellers

In most cases, the reference account is used by car dealerships and other business entities represented on the market for the commission trade in cars. The status of a private entrepreneur or legal entity is mandatory for them.

The following paperwork is required for issuing an invoice:

• general passport or other identification documents of both parties to the transaction;
• a notarized power of attorney from the buyer and seller, if they act through an attorney;
• technical passport with a mark on removal from state registration.

As a result of issuing an invoice-certificate, the buyer is given the original, and the seller - a copy of this document. In the event of a dispute with the tax authorities or representatives of the traffic police, it is important for the seller to get his hands on and keep the commission sales agreement. In addition, the seller must control the marking in the data sheet. It includes information about the sale, as well as the seal of the business entity that issued the certificate-invoice.

The considered method of processing the transaction is good in that does not imply the need for the seller to arrive at the traffic police. Being the new owner of the car, according to the invoice-certificate, the buyer can arrive at the traffic police alone.

Imperative rule: 10 days are allotted for state registration from the moment the invoice-certificate is drawn up.

After registering the car, you should take out insurance

Important: it is possible to restore a lost reference invoice, change or terminate the sale and purchase agreement drawn up by this document only in the organization that issued it.

When a used car is sold by one individual to another without intermediaries, sale and purchase agreement is drawn up.

It is a written agreement under which the seller transfers the vehicle to the buyer, and he, in turn, undertakes to pay the seller a predetermined amount of money.

There is no single model of the contract in question. The requirements for its form and content are set out in the Decree of the Ministry of Internal Affairs of the Republic of Belarus and Presidential Decree No543.

The validity of the agreement is subject to the condition that the parties reach consensus on all legally significant issues. It is noteworthy that agreements are made in simple written form. They are not subject to mandatory notarization.

You can draw up an agreement yourself, using a sample from the Internet or one that is posted in each department of the traffic police. There is no need to worry about the correctness of legal formulations. If the document is drawn up incorrectly, the traffic police will refuse to register the car on its basis.

If you have any difficulties with registration, you can ask for help from the traffic police.

It is worth knowing the nuances of drafting a contract

To ensure proper identification of the parties to the transaction, due care should be taken when specifying the personal data of the parties. In addition to the full name, you should enter its series and passport number. The data should be verified against the general civil passport and the registration certificate.

It is equally important to correctly indicate the technical parameters and characteristics of the vehicle.

This presents no problem. They just need to be rewritten from the data sheet. Minimum set: make, model, year of manufacture, chassis number, license plate.

If desired, the buyer can keep the numbers used by the seller, provided that these are new type numbers, and the seller and buyer are residents of the same locality. The contract of sale must contain the assurance of the seller regarding the location of the alienated vehicle in his personal property.

The contract should refer to a document of title, for example, a deed of gift, a certificate of the right to inheritance, an exchange agreement.

The key condition of the transaction is the redemption value of the vehicle

The price agreed upon by the parties is indicated in figures, and next in brackets is duplicated in words. The price must be expressed in national currency. However, it can be floating and pegged to the exchange rate of any foreign currency. If so, it is important to indicate at what rate and on what date it should be taken into account. This is especially important if the parties have agreed to pay in instalments.

There is a practice of signing sales contracts with the condition of re-registration of the car after payment of the full redemption value. Basically, it's legal. Another thing is that general rule no one canceled the 10-day period for re-registration of the car.

If the parties submit to the traffic police an agreement signed more than 10 days ago, problems arise with the re-registration of the car. It is unprofitable for the seller to delay state registration for another reason.

The car is considered a source of increased danger

By default, the owner is responsible for the damage caused during its operation, and until the traffic police fixes the transfer of ownership, the seller is considered to be the owner. If the buyer is not able to pay the seller immediately, you can go one of two ways.

1. The first is to postpone the conclusion of the contract.
2. The second is to re-register ownership on the basis of an unpaid transaction and, in the future, demand payment from the buyer, who is already the owner of the car.

The difficulty lies in the following. If the buyer does not pay, have to voluntarily or judicially terminate the transaction, confiscate the car, re-register and, if any, collect costs.

It is advisable to include in the sales contract a written obligation of the seller regarding the absence of claims to the alienated vehicle from third parties.

Often in Belarus cars imported from Russia are sold, which are under encumbrance. It's about about lawsuits, arrests, unpaid car loans.

If the property is encumbered, the creditor has the right to foreclose on it, regardless of the change of ownership.

To protect themselves from this kind of trouble, it makes sense for buyers to check the car against all available databases. And the agreement itself should include conditions on a large fine and forfeit collected from the seller in the event that the creditors of the seller of the car make claims against the new buyer.

One of the usual points of the deals in question is the rules and conditions for terminating the contract

In principle, this point can be skipped. In the event that the parties have not established any rules in this regard, the provisions of civil law apply by default. car contract may be terminated by mutual agreement of the parties or in court. The basis for the forced termination of the transaction unilaterally is usually a gross violation of the terms of the transaction, for example, failure to make or late payments on installment payments.

If desired, the transaction can include a force majeure rule

In practice, the sale and purchase of a car is often formalized by a notarized power of attorney. It should be understood that it is not a document mediating the transfer of ownership. The actual seller continues to be considered the owner of the car.

Moreover, it is considered that the attorney acts on behalf and in the interests of the owner. Accordingly, the principal may at any time cancel the previously issued power of attorney without giving reasons. A car sold by proxy does not formally cease to be the property of the actual seller. In the event of his death, such a car will become part of the hereditary mass (On the rules for inheriting a car ().

At any time, he may be levied on the claims addressed to the seller. This is not only about a car loan, but also about other requirements, for example, to pay a mortgage or alimony. Making out the sale by power of attorney, the alienator also runs a big risk.

In the event of an accident, violation of the rules traffic and other problems, all requirements will initially be addressed to the seller.