Transferring a used car by cell phone is safer for both those who sell and those who buy

The purchase and sale of motorcycles, cars and other used vehicles can be carried out completely remotely through the CNH do Brasil application, with this the transfer has become safer. The measure was regulated by Resolution No. 1,027 of the National Traffic Council (Contran), approved on August 17.

As soon as it goes into operation, the system will bring together in a single day the formalization of the agreement, the digital signature, the consultation and settlement of financial pending issues of the asset and the effective exchange of ownership. Although the legal rule is already in force throughout the country, the technical feature in the application has not yet been released and remains without an official release schedule.

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The determination details what was already provided for in the Brazilian Traffic Code (CTB) by structuring three formats for the procedure:

• Conventional: traditional model with physical steps.
• Electronics: digital procedure integrated with the National Registry of Motor Vehicles (Renavam).
• Electronics in custody: unprecedented format with financial protection.

Transfer of the used car with payment on custody is a great differential

The new modality in custody is the great novelty of the rule, which facilitates the process and also provides for greater security. This is because, if the parties involved in the transaction choose this option, the amount paid by the buyer is retained and is only passed on to the seller after full compliance with all legal requirements.

For Eduardo Rebouças, vice president of the Union of Motor Vehicle Dealers of the State of Ceará (Sindivel) and owner of Flávio Automoveis, a store that has been in the market for 53 years, the Contran rule represents a very positive change for the sector. According to the representative of Sindivel:

The novelty makes stores sell more, as there is greater reliability in the transaction. This is offered not only to local customers, but also to buyers from outside the state, thanks to the option of carrying out this transaction through the custody modality, where the customer will put the money, but the store will only receive the amount after the transaction is fully regularized. So, I see a lot of benefits.”

Custody modality can prevent common scams in the transfer

When transferring a vehicle, the buyer may take some risks, such as making the payment and not having the transfer carried out or problems related to documentation. But, Eduardo Rebouças points out that the payment in custody mechanism prevents this type of scam, in which there is payment, but no delivery of documentation or the vehicle.

This is because, if the negotiation suffers any obstacle, the regulation establishes the blocking of the procedure, the cancellation of the transaction and the refund of the amount to the buyer. To prevent fraud, the text requires individual authentication of the parties, multi-step validation, audit records and full traceability of operations.

Inspection and taxation do not change

Despite the extra ease of transferring vehicle ownership, it is important to note that the Contran measure maintains certain obligations:

• Identification inspection: remains mandatory in the cases provided for in state legislation, requiring a visit to a company accredited by the local DMV (the report, however, is automatically integrated into the digital system).
• Local taxation: State transfer fees continue to be charged normally.

On the other hand, the use of the electronic signature in the application eliminates the need to notarize a signature. Resources such as the Authorization for Transfer of Vehicle Ownership in electronic media (ATPV-e), the sales communication and the digital signature were already used separately; The new resolution unifies all these steps into a single digital flow.

The vice president says that there is only one caveat: the absence of a report on the condition of the vehicle. According to Rebouças, the legislation requires you to pay all fees, fines and pending issues for the vehicle to complete the transfer, however it does not provide for the buyer to have access to a report that informs whether the car was involved in an accident or participated in an auction.

The specialist in the used car buying and selling market points out that, in addition to the inspection, the provision of this document by the store is important for checking the origin of the vehicle and should be mandatory.