What do we have to keep in mind when buying/selling a car?
Contrary to appearances, the purchase or purchase of your own car is an extremely complicated process, which requires the care of many details and details that will protect us from unpleasant consequences. Find out exactly what a car purchase or sale contract should look like.
On the Internet you can find many ready-made car purchase agreements. However, particular attention should be paid to their content, as they often contain numerous legal errors and inaccuracies. It is worth knowing which elements of the contract are most important when signing it.
The car purchase/sale agreement does not have to be in printed form. It may also be handwritten on paper, but it should, above all, be legible and sound the same in duplicate. Each party to the contract should also be signed by all persons affected by the transaction.
What are the key elements when concluding such a contract? The most important is the detailed data of the seller, which allows for its precise identification. In addition to your name and surname, this should include the PESEL number, the registered address of the person to whom the vehicle is registered, and the number of the document on the basis of which the data were drawn up. It is not necessary to provide a NIP number. These data should be confronted with entries in the car registration certificate and in the ID card. In the case of the buyer's data, apart from name and surname, the PESEL, ID card number and registration address must be included.
In the case of co-ownership, their data should also be included on each copy of the contract. These persons must also sign the document in person or by proxy.
Vehicle data, which have been included in the contract, in an unambiguous way should allow for the exact identification of the vehicle. Therefore, the make and model of the car should be given, as well as its registration number, body number and year. You can also add the status and mileage of the counter.
When buying a car, you should first check whether the seller has the right to sell it. You can also request an invoice for the purchase or the sales contract on the basis of which the car was purchased.
A very important element of the car purchase/sale contract is the amount of the transaction, without which it is invalid. It should also include information on the method of settlement (bank transfer or cash). The best solution is to pay by bank transfer, because it leaves a trace in the history of our account. However, there should be no indication of amounts other than the actual ones, as this could lead to fraud and extortion.
If the value of the concluded agreement exceeds 1000 PLN, it is the basis for calculating the PCC tax, i.e. the tax on civil law transactions. According to the regulations, it accounts for 2 percent of the market value of a car. The buyer should pay within 14 days of the transaction.
It is also worth including an entry in the contract concerning liability for concealment of hidden defects. If the contract is related to the purchase of a defective vehicle, it is worth mentioning all the defects that significantly affected its value.
Immediately after selling the car, you should report this fact to the Communications Department. In this case, we receive a certificate, which must be kept secure, preferably together with the contract. In such a situation, if someone causes damage by a vehicle and the data in CEPiK indicate that we are being harmed, we will avoid additional problems.