Vehicle purchase/sale agreement – formal requirements
The sale or purchase of a vehicle is a transaction that requires appropriate documentation. The car purchase and sale agreement is one of the key documents that must be signed when purchasing or selling a vehicle. The basic elements of a car purchase contract include specifying the subject of the contract, the parties to the contract and the price. A sales contract is a mutual contract where both the seller and the buyer undertake to provide specific services.
What must be included in a car purchase/sale agreement?
The subject-matter elements are also important in a car sales contract, such as the designation of the subject of the contract (i.e. the car) and the price, which must be expressed as a specific sum of money. It is worth noting that contracts may contain additional, compliant provisions
with applicable law and social principles.
The car purchase and sale transaction process is based on signing the contract in at least two copies, one for each party. The buyer must pay the price and pay tax on civil law transactions. Then, the transaction must be reported to the appropriate office within the agreed deadline.
The seller’s obligations include transferring actual possession of the vehicle and all related documents. The buyer’s obligations include timely payment of the agreed price, completing official formalities and collecting the vehicle from the seller.
Does the vehicle sales contract have to be in writing?
It is worth noting that the vehicle sales contract may be concluded orally, although it is recommended to write it down for security reasons. The contract may also be concluded online, provided that a valid certified electronic signature is used. A scan of a contract signed in person is not a sufficient form to consider such a contract as duly signed.
Lack of the party’s ID card number and the validity of the contract
The lack of the contracting party’s ID card number or vehicle registration certificate is not a necessary condition for the successful sale of the car. If the parties to the contract and the subject of the transaction can be clearly identified, the lack of such marking does not affect the validity and effectiveness of the contract.
What must a contract for the sale of a car from another country include?
A car sales contract is subject to the same rules if the parties decide to subject it to Polish law. The origin of the vehicle does not matter much in the context of these rules.
Is a car sale agreement taxable?
The taxability of a car sales contract includes the buyer’s obligation to pay tax on civil law transactions in the amount of 2% of the market value of the vehicle. The PCC payment deadline is 14 days from the date of signing the contract.
To summarize, the car sales contract is the key legal document governing the transfer of ownership of the vehicle. Its conclusion involves specific performance by the parties, and the transaction process is subject to specific legal and tax formalities and procedures.
Author:
Rafał Drzewiecki
Lawyer, Mediator
He specializes in providing legal assistance to natural persons. He attaches great importance to trying to resolve disputes amicably, including in criminal cases. He realizes his professional career in criminal law, because he served his legal training under the supervision of an attorney specializing in this field. He is particularly interested in post-penitentiary issues: the system of electronic supervision, breaks in serving the prison sentence, conditional early release.
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