The main factors that determine the cost of a used car will be the period of use, its condition, the number of owners, mileage and many other criteria. Of course, after completing the transaction, the buyer experiences extremely pleasant emotions, but after a while the emotions may darken, and of course we will talk about fraudulent actions. And if we add specifics, then about the sale of a vehicle, which is listed as collateral in a banking institution.
Service within the framework of legal proceedings after the valuation of a car for inheritance in Moscow
| Obtaining refusals from a notary to initiate an inheritance case | From 1 000 |
| Drawing up a statement of claim | From 5 000 |
| Drawing up a petition or procedural complaint | From 2 300 |
| Representation of the client's interests in the initial court | From 40 000 |
| Representation of client interests in appellate courts | From 42,000 |
| Representation of client rights in cassation courts | From 44 000 |
| Registration of property rights to a car as a result of legal proceedings | From 5 600 |
| Support of the executive stage, joint work with representatives of the FSSP service | From 6 300 |
Why do you need a general power of attorney?
So, the main difference between a general power of attorney and a regular power of attorney is that it gives the trustee broader opportunities. The list of these possibilities is indicated in the text of the general power of attorney itself.
From January 1, 2021, such a power of attorney is required to register a car with the traffic police if the owner of the car for some reason cannot transfer his own passport to the authorized person.
Note. The main option for registering with the traffic police is to use a regular handwritten power of attorney, which is presented together with the car owner’s passport.
List of services when assessing a car for inheritance through a notary or court
- Consulting clients in all current formats - in person, online, in writing;
- A lawyer’s visit to the client to provide services – both in Moscow and in the region;
- Drawing up powers of attorney for further representation in a notary office or in court;
- Conducting a car assessment for a notary by inheritance in Moscow, calculating the amount of state duty, finding opportunities for preferential services;
- Providing services within the framework of interaction with a notary office - representation, filling out applications, obtaining certificates;
- Settlement of controversial issues regarding a car between several heirs at the pre-trial stage;
- Determination of ownership shares, assistance in the sale of property;
- Registration of property rights;
- Initiation of legal proceedings on inheritance;
- Drawing up the necessary judicial documentation - claims, reviews, petitions, complaints;
- Collection of additional materials and evidence for the court;
- Representation of the client’s interests in all courts;
- Supporting enforcement proceedings, carrying out additional actions on property - for example, seizure.
What it is
When purchasing a car on credit, the bank will in any case register the vehicle as collateral. At the moment, this is precisely the principle of targeted loans. And until the debt is fully repaid, the car is considered the property of the credit institution. A mortgaged car cannot be sold, due to the fact that all documents for it will be in the bank.
The borrower may use the vehicle according to his own preferences, but will not have actual ownership of the vehicle. But scammers do not sleep, and have invented many deception schemes.
The most popular of them is forgery of documents with the subsequent sale of the vehicle to another person. After the sale, the fraudster simply disappears, thereby not fully paying off the existing debt. As a result, delays in loan repayments begin, as a result of which they begin to search for the collateral and ask to return it back to the bank. But the new owner of the vehicle has absolutely no idea about this. But bank employees don't care. They file an application with the court, proceedings begin, and as a result, the current owner will be forced to return the illegally purchased car.
Situations like this happen on a regular basis. Fraudsters have perfected the schemes they use down to the smallest detail, and continue to improve them. Therefore, at the numerous requests of citizens, such a concept as registration of a car pledge was introduced.
Banking institutions give out money for a reason. They want to conclude a deal with maximum security for themselves and appoint:
- interest rate for using a loan;
- various commissions;
- insurance, etc. But we also need an additional guarantee, which in most cases is the purchased object.
In this case, the agreement will not lose force even in situations with a change of owner. And scammers simply won’t be able to hide from responsibility. Initially, the new owner will suffer, but as soon as it turns out that he purchased the car from an unscrupulous person, the situation will change.
How is a car assessed for a notary by inheritance in Moscow?
Today, a citizen can use two different methods for assessing a car for a notary by inheritance in Moscow. Let's look at each of them in more detail so that you can make an objective choice:
- Inspection of the vehicle by a specialist in person. An employee of a legal or expert company examines your car in detail - he will provide information about technical and operational characteristics, defects, traces of use, as well as other points that may affect the price;
- Expertise based on the proposed documentation. Experts study technical documentation that informs about the condition of the vehicle in order to draw conclusions about its price.
When assessing a car for a notary by inheritance in Moscow, it is best to use a combined method and obtain information after a comprehensive analysis by a specialist. It is necessary to obtain accurate information about the cost for a detailed calculation of the state duty.
How to register a car under a general power of attorney?
From January 1, 2021, the only situation in which a power of attorney certified by a notary is really needed is the registration of a car with the traffic police, if the owner of the car for some reason cannot give the authorized person his own passport at the time of applying to the traffic police. However, this situation is rather an exception to the rule.
The basic registration scheme is the use of a simple handwritten power of attorney together with the original passport of the car owner.
Power of attorney for registration of a car in the traffic police
What is needed to evaluate a car for a notary by inheritance in Moscow?
It is not enough to simply visit the office of a legal or appraisal company to carry out transactions with a vehicle. Additionally, the following documents must be submitted:
- Identification document – citizen’s passport;
- Copies of documentation for the vehicle - technical passport, STS, documents for vehicle registration;
- Information about mileage, technical inspection, information about replacement of spare parts, as well as about road accidents;
- A copy of the certificate confirming the death of the former owner.
Based on the results of the work carried out to evaluate the car in Moscow, specialists provide a report for the inheritance notary, which contains complete information on the procedure. Information about the methods that were used in the analysis, information on the automotive market in the region, the price corridor for a specific car, and the characteristics of the car are written down. In addition to the results of the car assessment for a notary by inheritance in Moscow, current photographs can be attached.
Seek help only from reliable and trusted companies that will offer high-quality service. Make an appointment with our rated companies.
What is the validity period of a general power of attorney?
The validity period of a general power of attorney is similar to the validity period of an ordinary power of attorney. The default is one year . The maximum term of a power of attorney in 2021 is unlimited.
If the power of attorney is issued for a period other than 1 year, then this period must be indicated directly in the text of the power of attorney.
Please note that if the power of attorney does not indicate the date of its preparation, then it is void, i.e. invalid (Article 186 of the Civil Code).
No self-respecting notary will certify a document that does not indicate the date of preparation, so you are reliably insured against such an error.
Price
The applicant will have to pay at least 1,500 rubles . This amount is usually charged for conducting an examination according to a simplified scheme, without inspection.
If the report needs to reflect the cost of the car, taking into account existing damage and/or other features, the cost of the examination may increase to 6,000 rubles .
This is explained by the occurrence of additional work as part of the assessment - personal inspection of the car, travel to its location, transportation costs, etc.
Where and how to evaluate a car
Usually, it is the procedure for appraising a car that raises the most questions among heirs, in particular, where to order it and how the whole procedure works in practice.
When entering into an inheritance of an apartment, the heirs can choose the method of valuing the property: at market or cadastral value. Whereas for a car such an alternative is not provided. The heirs can only provide the notary with a report on the assessment of the market value of the car.
In relation to a car, in addition to the market price, a distinction is made between the assessment of the cost of restoration repairs, loss of the car's presentation, etc., but they cannot be used when calculating the state duty.
The notary does not have the right to evaluate the car himself: its value must be certified by the results of an independent examination.
For a car appraisal, you can contact any appraisal company that has permission to conduct appraisal activities. Currently, licensing of appraisal activities has been abolished, but the appraiser company must be a member of one of the self-regulatory organizations.
The appraiser may have the status of a legal entity or an individual entrepreneur.
The heir has the right to choose which appraisal company to contact. This can be absolutely any conveniently located company. When choosing it, the heir should also rely on such criteria as the company’s time on the market, customer reviews of it, and the cost of appraisal services.
If there are several heirs, then it is worth choosing a company together to avoid controversial situations.
The main thing you need to do before ordering a report is to check that the appraiser has a valid membership in the SRO. Without the approval documentation from the appraisal company, the notary has the right to refuse to accept the report.
At the same time, the notary cannot influence the choice of the appraiser and refuse to accept a report from a certain company if it meets all recommended parameters. Even if the notary does not agree with the results of the assessment, he is obliged to take it into account. When a notary unreasonably refuses to accept an assessment report, his actions can be appealed in the regional notary chamber or in court.
More detailed information about the requirements for appraisers when entering into an inheritance is contained in the letter of the Ministry of Finance No. 03-05-06-03/97 of 2007.
