The ease of concluding a contract for the sale of a car has given rise to many risks that may arise in this case. One of the main risks when buying a used car is the presence of various restrictions and prohibitions on it, which make the registration procedure for a new owner impossible.
This situation can arise for various reasons, so it is worth considering in more detail both the grounds for a ban on registration actions and ways to remove these restrictions.
How to check the car registration ban
Most often, the need to check the vehicle arises during the transaction of purchase and sale of a car. Since there are many bodies that can impose a ban on cars, the verification methods can also be classified. To do this, you can contact:
1. To the service for the execution of judgments. If there are any restrictions on the car, then this information is kept by the bailiffs. To receive it, you must leave an official request (write a statement). Within a few days, all information must be provided to the applicant in writing.
2. To the traffic police department. In this case, a request is made, according to the results of which the citizen receives the information he needs about the car. You can carry out this procedure in two ways:
1). Through personal contact. In this case, an appropriate application is drawn up, which should contain the following data about the car:
- model and brand;
- government number;
- body and engine number;
- VIN code.
The more complete and detailed the information, the faster the response to the request will be formed.
2). You can check the car for a ban online. For this, the traffic police website has a special section in which you can also check. In this case, it is necessary:
- enter the VIN code, body or chassis number (optional);
- enter captcha (the numbers shown in the picture);
- Click "Check for Restrictions".
If the traffic police database contains any information that the car has restrictions or is wanted, then they will be issued within a few seconds. No more detailed information (for example, about the date the restriction was imposed) will not be provided to the user.
In addition to the traffic police website, there are many other services on the Internet where you can also get such information for a fee or for free.
Car bail check
Another limitation in relation to the car is the registration of a deposit on it. In this case, the financial and credit institution has the right to withdraw it for the debts of the owner, if they are not repaid in a timely manner.
The complexity of detecting this risk lies in the fact that the procedure for creating a database of collateral is not thorough. In fact, there is a special service on the Internet (the Unified register of pledged movable property), in which information of this kind is entered. However, the law does not oblige banks and credit organizations to submit such information there, so this data may simply not be there.
In practice, a significant part of the pledged property is not entered into the database, since it is beneficial, first of all, to a financial and credit institution. They are not interested in catching scammers, their goal is the fastest and most profitable sale of property.
Obviously, the risk of acquiring collateral when buying a car is very high.. Unfortunately, even the presence in the contract of a clause regarding the mandatory freedom of the vehicle from any encumbrances does not help in this case. Therefore, it is necessary to carefully check the documents (for example, a car passport must be an original, not a copy) and not conduct transactions with dubious sellers. Additional measures include:
- requirement from the seller to provide a certificate from the traffic police;
- checking the beneficiary in the OSAGO and CASCO insurance policy (if the car is pledged, the bank will be indicated there);
- checking the contract of sale, according to which the current owner previously purchased the car.
IMPORTANT! The verification procedure is best carried out in advance, that is, before the conclusion of the contract of sale with the owner of the car. After signing the document, the buyer will simply face the impossibility of registering the car in his name.
How to remove the ban on the registration of the vehicle
To remove the existing restrictions on the car, it is necessary, first of all, to eliminate the reasons for which they arose. At the same time, there must be a document confirming the absence of any prohibitions, issued by the authority that imposed it earlier.
If there were several reasons for the restriction and the bodies that issued the corresponding decision, then you will have to receive this document in each of them.
In a generalized form, the procedure for removing restrictions is as follows:
- Determining the cause. This is done by making requests to the relevant authorities, which issue information on the car within a specified time.
- The study of the received data. After receiving a response, the car owner can go in several ways:
- appeal against the ruling on the imposition of a ban (if he does not agree with its content);
- take actions to eliminate the reasons that served as the basis for imposing restrictions (most often in this case it is necessary to pay off all existing debts).
- Obtain a document confirming the removal of prohibitive measures against the vehicle from the appropriate authority.
An appeal against an earlier judgment can only be made in court. who dealt with the case, or in a higher court. If successful, the plaintiff will also receive an order to lift all bans.
If the debtor refuses to fulfill his obligations after a certain period of time, the car is seized - in this case, it is already subject to physical seizure, so the owner will not be able to use it.
Despite the many ways to check a car, nothing can guarantee complete safety when buying it on the secondary market. Therefore, it is necessary not only to check the vehicle, but also to pay attention to the seller. It is best to conduct such transactions with relatives and close acquaintances, without the risk of interacting with strangers.
Authorities that can impose a ban on the vehicle
When checking and lifting restrictions on a car, an important role is played by entities that have the right to do this. Depending on the grounds and the specific form of the ban, a number of state bodies authorized to perform such actions can be distinguished:
1. Federal bailiff service (FSSS). Representatives of this service have the right to seize a car if its owner has debts in the following areas:
- alimony;
- traffic fines;
- public utilities;
- taxes;
- government fees, etc.
In order for bailiffs to have the right to impose a ban on a car on any of the listed grounds, there must be an appropriate court decision.
2. Judiciary. They have the right to restrict actions in relation to the car if it is the subject of legal proceedings and there is a risk of its illegal sale during this time. The decision made by the court is already being implemented by the bailiffs.
3. Bodies of social protection. They have the right to impose a ban if a minor child can claim a car, whose rights will be infringed if the vehicle is sold.
4. Federal Customs Service (FTS). A ban or restriction can be imposed on a car if violations are found in the procedure for its registration at customs.
5. Traffic police. Representatives of this body have the right to do this if there are suspicions that the car:
- is wanted;
- took part in the accident;
- is under arrest;
- has damage in the fastening of the plates or in the area of the numbering;
- has inconsistencies in the actual numbers and those indicated in the technical data sheet.
6. Investigative law enforcement agencies. They have the power to impose restrictions if the vehicle was involved in any crime.
In the presence of such violations, restrictions may be imposed on the car until the full and final clarification of all circumstances. To avoid this for any of the listed reasons, it is worth carrying out such a procedure as checking the car for a ban on registration actions.