If you buy a car by proxy
You are an independent and independent woman, you are used to doing everything yourself, so you decided to buy a car. The option suits you – acquaintances sell a decent car “by proxy”. But, before making such a purchase, find out your rights and obligations, as well as all the “pitfalls” of such a purchase.
If you buy a car “by proxy”, then legally you are neither a buyer nor the owner, that is, a consumer, such as, for example, when purchasing any goods in a store, because in this case between the seller and the buyer, that is, you no contractual relationship arises. What does it mean? This means that you will not have the right to make claims against the seller regarding the quality of the goods you purchased. That is, finding that you have sold the “cat in the bag”, you can not do anything.
The owner of your car will still be the seller who issued you a power of attorney. Moreover, he has the right to cancel the power of attorney at any time and demand the return of the car. And you should be aware that the power of attorney can be terminated not only due to the expiration of the power of attorney, but also against the will of the former owner of the car, for example because of the death of the person who issued the power of attorney, declaring him incompetent, partially capable or missing.
So, isn’t it better to make a purchase through a thrift shop? In this case, even when a car is sold, sold by a legal entity, the relationship between the commission store and the buyer will be governed by the provisions of the Civil Code of the Russian Federation and the Law “On Protection of Consumer Rights”. This means that if you discover shortcomings during the operation of your machine that were not discussed with the seller upon purchase, you will be able to take advantage of the rights and guarantees set forth in the Consumer Protection Act.
When buying a used car, special attention should be paid to the technical passport of the vehicle. It so happens that the car is pledged to the bank that issued the loan to the previous owner on his own security and withdrew the vehicle passport upon registration of the pledge. And unscrupulous owners in this case may request a duplicate of the data sheet and sell the car. And in this case, the bank will be able to withdraw the car you bought for the debts of the previous owner.
So be careful and invite an experienced car enthusiast to make a purchase, who can not only be a witness in the event of a conflict, but also helps you find hidden defects in the car and verify the correctness of the transaction.