The purchase and sale of used cars, motorcycles, and other vehicles can now be conducted entirely remotely through the Brazilian CNH application, resulting in a safer transfer process. This change was formalized by Resolution No. 1,027 of the National Traffic Council (Contran), which was approved on August 17th.
When implemented, the system will integrate the formalization of the agreement, digital signature, verification and settlement of any financial debts related to the asset, and the effective change of ownership into a single step. Although the legal basis for this rule is already valid throughout the national territory, the technical functionality in the application has not yet been made available and does not have an official launch schedule.
Procedure Details
The determination specifies what was already in the Brazilian Traffic Code (CTB), structuring three modalities for this procedure. The main innovation brought by the standard is the escrow modality, which simplifies the process and increases security. If the parties choose this option, the amount paid by the buyer is held and only transferred to the seller after the complete fulfillment of all legal requirements.
Eduardo Rebouças, vice-president of the Syndicate of Automotive Vehicle Resellers of the State of Ceará (Sindivel) and owner of Flávio Automoveis, a store with 53 years of operation, considers the Contran standard a significant advance for the sector. According to him, the novelty boosts sales because it gives greater credibility to transactions, benefiting both local customers and buyers from other regions, thanks to the escrow modality, where the money is deposited, but the store only receives it after the total regularization of the transaction.
When transferring a vehicle, the buyer can face risks, such as paying without the transfer being completed or encountering documentary problems. However, Eduardo Rebouças points out that the escrow payment mechanism prevents this type of fraud, where payment occurs, but the documentation or the vehicle is not delivered. If the negotiation encounters any obstacle, the regulation provides for the blocking of the process, cancellation of the transaction, and return of the amount to the buyer. To prevent fraud, the text requires individual authentication of the parties, validation in several phases, records for auditing, and complete traceability of operations.
Despite the additional ease in transferring vehicle ownership, the Contran measure preserves certain responsibilities. The use of electronic signature in the application eliminates the need for notarization at a registry office. Features such as the Electronic Vehicle Ownership Transfer Authorization (ATPV-e), sales notification, and digital signature were already used separately; the new resolution consolidates all these phases into a single digital flow.
The vice-president emphasizes, however, one caveat: the absence of a report on the vehicle's condition. Rebouças argues that, although the law requires the payment of all fees, fines, and outstanding issues to finalize the transfer, it does not guarantee the buyer access to a report stating whether the car has suffered any damage or participated in an auction. The used market specialist emphasizes that, in addition to inspection, the provision of this document by the dealership is crucial to verify the vehicle's origin and should be a mandatory requirement.