Why it is not necessary to sell or buy the car by proxy?the Car can be bought in car showroom, on a car market, according to the announcement in the newspaper. In all these cases the new owner to become the sovereign owner of the vehicle. However there is one more way of acquisition “ wheels “ through so-called “ general power of attorney “. Many people buy the car in the similar way and very much rejoice that they managed to save one and a half thousand rubles and the working day demanded for statement of the car on the account in GAI. At the same time also the efforts necessary for elimination of the shortcomings revealed when passing checkup are saved.
However in practice the price of similar economy is very high. About what reefs trap you on this way, and it would be desirable to tell.
So, the power of attorney can include various powers on control and the order of the vehicle, for example: powers to operate car, to watch its technical condition, to present to GAI for passing of technical inspections; powers on repair and replacement of separate knots and units; powers on change of color (coloring), modification of documents on the car; powers according to the order the car, to the conclusion any not forbidden by the existing laws of transactions (sale, leasing, donation, an exchange etc.) with the right of receiving money, with the right of receiving and registration of necessary references and documents for registration and signing of contracts, removal from the account and registration in GAI, registrations of an insurance and receiving payments for it etc. etc.
the Power of attorney may contain both all powers at once, and one or several of them. The power of attorney in which all possible powers are listed call general.
However at the car entrusted you the owner does not change! How your powers specified in the power of attorney issued to you, the owner of the car entrusted you were big you do not become. The power of attorney is “ the written authorization issued by one person to other person for representation before the third parties “. And all! Besides, the principal can repeal the issued power of attorney at any time.
There are also restrictions for period of validity of the power of attorney. The maximum term - three years. In three years period of validity of the power of attorney stops automatically and only the person which issued the power of attorney can prolong its action. In case of death of the owner of the car or recognition its incapacitated (mentally not normal), the power of attorney automatically becomes invalid, and the car passes to successors. Imagine that some shitty woman thanks to whom the husband untimely went to a grave will want to return herself the car sold to them? What will you oppose to it? There is enough its application to the militia that to you the police squad with automatic machines came and took away from you “ illegally withheld someone else`s property “. To complain to prosecutor`s office or where it is still useless, it is hardly possible to prove something. The same situations happen in case of divorce of the principal to the better half.
Now present that something, God forbid, happened to you. The power of attorney is also automatically terminated and your successors will get up before a question what with car to do? The situation is possible that the legal owner will not want even to talk to them.
And one more but... The person to whom the power of attorney with the right of sale of the car is issued will not be able to renew it on himself as he under the law having the power of attorney cannot make transactions on behalf of represented concerning itself personally but only concerning the third parties or the organizations.
And still. In practice was multicases when by the entrusted car road accident was made, and the driver driving fled the scene. The militia usually came sooner or later to the owner of the car and it was necessary to prove to that long and tiresomely that not it operated the vehicle at the time of accident.
Not many know that under the law in this case victims in road accident according to St. 187 Civil Code of the Russian Federation can make to the owner a legal claim with the requirement of compensation of all losses from road accident as to the owner of a source of the increased danger.
We will assume, in your car someone drove another, and his fault is indisputable, but he refuses to pay voluntarily. No court will adopt from you the statement of claim to responsible for accident without special power of attorney from the owner of the car on conducting matter in court about compensation of damage.
And the last. Present a case that you are stopped on a post of GAI and after computer check declare to you that your car is registered in stealing. The car will be taken away at once, and will not even begin to talk to you. The prosecutor and militia will respond to all your complaints to you that your right is not violated as the car belongs to other person, and let this other person (owner) also deal with them.
But there is more to come. If you decide to sell also this car by proxy, then you have the right to issue the new power of attorney only for the term which remained before the termination of primary power of attorney.
Estimate all pluses and minuses, especially taking into account changes which our legislators plan to bring in work, and make a choice: the power of attorney, or purchase and sale with the subsequent registration of property.