Reporting / 09.12.2021

Preliminary contract for the purchase of an apartment sample. Preliminary contract for the sale of an apartment, sample filling. Download sample documents

In some cases, when buying real estate, a preliminary contract is drawn up, which postpones the purchase and sale transaction in time. There are several important points that you should pay attention to when designing it: you will learn about it right now.

A sample form can be downloaded at the end of the article.

When making a purchase of a certain property object (an apartment, a land plot, a car, etc.), the parties may, but are not required to, conclude a so-called preliminary sale and purchase agreement. The legality of such an action, as well as the fact of the existence of such a document, is reflected in Civil Code (Article 429).

The main purpose is that both parties assume certain obligations before the transaction takes place:

the seller assumes the obligation to sell the object to this particular buyer;
the buyer undertakes to buy the object from this seller.

The parties confirm the intention to conclude the main contract in the preliminary, when the purchase and sale transaction takes place. At the same time, the parties mean that the main contract will be signed on the same terms.

The purpose of the preliminary agreement is that each party to the transaction can confirm its intentions and at the same time take a written obligation of the other party about its intentions. Most often, an agreement on the further acquisition of an apartment is fixed. Typically, such a document is required in the following cases:

The seller and the buyer have agreed on the transaction, but the seller does not have some documents for the apartment or they are issued incorrectly.
The buyer does not have enough funds for a one-time purchase, but he immediately transfers part of the amount and undertakes to pay the rest in full within a certain period.
When buying an apartment on a mortgage, concluding a preliminary agreement is a common practice, since the procedure is complicated by the need to obtain permission from a bank that will take housing as collateral against the provision of credit funds.

The contract differs from the main one in that it does not need to be registered either with Rosreestr or certified by a notary. In this sense, the document carries certain risks if the parties do not provide documents proving that the apartment is not encumbered (pledge, arrest, third party claims, etc.).

A pre-signed contract carries certain guarantees, as well as the risks of the parties - all of which are discussed in detail in the next section.

Preliminary contract: guarantees

The preliminary agreement contains 2 important guarantees that protect the interests of both parties:

To the buyer, this document guarantees that the apartment will be sold to him and exactly at the price that was indicated.
The contract gives the seller a guarantee that it is this buyer who will purchase an apartment from him no later than the period specified.

If someone evades their obligations, any party can apply to the court so that the main contract is executed forcibly, and the transaction takes place. The application can be submitted within 6 calendar months from the day when, under the preliminary agreement, it is required to conclude the main one (meaning the deadline).

The expert's commentary on the features of the preliminary contract is presented in the video.

Preliminary contract: risks

The main risks are associated with the fact that the parties may evade their obligations. Moreover, if they did not express claims within six months, then the preliminary sale and purchase agreement ceases to operate automatically.

By itself, this document does not carry risks in the sense that the right of ownership from the seller to the buyer on the basis of its signing does not occur. If one party requests to force the other party to complete the transaction, the defendant may file a counterclaim to invalidate the contract.

NOTE. If a preliminary agreement was concluded when buying a new building (with a developer company), then in case of default, the plaintiff may go to court to force the defendant to sign an agreement on participation in shared construction.

Otherwise, the preliminary agreement is associated with risks that generally accompany transactions in the real estate market:

1. In some cases, a preliminary agreement may be recognized by the court as not concluded.

This is possible in 2 cases:

the contract is drawn up with obvious violations (not all the details of the apartment are indicated, there are factual errors);
The apartment does not exist or is still under construction.

2. Risk due to the fact that the apartment can be sold more than once. This situation arises in the case of a fraudulent scheme carried out by the developer: for example, he can conclude several identical contracts for the sale of the same apartment.

3. Risk associated with the loss of funds spent on the purchase of an apartment. This also applies to cases of acquiring an apartment directly in a house under construction. It is important to understand that the invested funds (under a trust management agreement) are not always returned upon termination of construction - often the company is declared bankrupt, and the injured party can only hope for partial compensation for its loss.

Thus, after signing the preliminary contract, the parties are obliged to sign the main contract on exactly the same conditions (changes are possible only by mutual agreement).

In the case of private citizens (when buying housing on the secondary market), the main risks are related precisely to the fact that the parties will not fulfill their obligations. If an apartment is purchased in a new building, the danger increases dramatically - it all depends on the honesty of the developer.

Preliminary contract: sample 2017

The requirements for drawing up a preliminary purchase and sale agreement have not changed this year. The standard form is easy to download and print.

When filling out, it is important to take into account that all essential conditions are reflected in the document - it is better to check that all the data match those indicated in the relevant documents (passport of the owner of the apartment, certificate of ownership). Particular attention is paid to the following points:

Contract price, i.e. at what price the seller undertakes to sell the apartment within the agreed time.
The preliminary contract must indicate all persons who live with the seller at the moment. Their full name and passport details are indicated.
If the owner lives elsewhere, it is better to indicate both addresses: both the actual one and the one written in the passport.
The contract must separately describe the fact that the seller guarantees: the apartment is not pledged, under arrest, other persons do not claim it.
The term of the preliminary contract is an essential condition for its validity: after this date, the contract ceases to be valid.
The contract necessarily prescribes the procedure for paying the cost of housing: for example, first the buyer pays 10% of the total amount, and then the remaining 90%. The fact of payment is additionally confirmed by the deposit agreement (at the request of Article 380 of the Civil Code). The same document is called a receipt - it is drawn up in any form and is also signed by both parties.
The liability for non-fulfillment of obligations is also described: pre-trial settlement is meant. For example, the party that evaded the transaction pays the other party a deposit in double the amount.

Without specifying any of these essential conditions, it is practically impossible to recognize a preliminary contract as legally valid, which is why it will not be possible to use it as one of the evidence in court proceedings.

A sample contract is provided below.

It should also be noted that the drafting of such an agreement does not provide for the transfer of housing to the property of the buyer. Accordingly, there is no need:

draw up a deed of transfer;
provide extracts from the personal account, which prove the absence of arrears in utility bills;
order an extract from the USRN to prove that the apartment is not encumbered;
attach the technical passport of the apartment to the preliminary contract.

After the parties conclude a sale and purchase transaction and sign the main contract, the preliminary one is considered invalid. No special documents are drawn up on this fact - the parties can simply destroy this document.

Download sample form:

The acquisition of real estate is often accompanied by the conclusion of a preliminary agreement between the parties and the transfer of a deposit, as a guarantee, if the buyer does not have sufficient funds to pay the full cost of the purchased property. determines and regulates the main conditions for concluding a preliminary contract.

Features of drawing up a contract

The legislation provides for certain conditions for the conclusion of such types of contracts, failure to comply with which may lead to the recognition of the transaction as invalid, namely:

The form of the contract is determined by the main form prescribed by law for contracts for the sale of real estate. obligatory written form for such types of contracts is established. Failure to comply with the form of the contract entails consequences, namely, its recognition as null and void.
The subject of the contract should give a clear idea of itself, therefore, the contract indicates not only the legal address of the acquired property, but also the floor on which it is located, the year of construction, area and other characteristics.
The conditions under which the contract is concluded and the terms of the future agreement, on the basis of which the apartment will be transferred to the ownership of the buyer - the full cost of the purchased property.
The term of the contract, which implies the period in which the parties must conclude the main contract for the sale of an apartment. If the term is not determined by the parties, then, according to the terms, the term is not more than 1 year. In the event that the buyer fails to fulfill his obligations, the seller has every right to apply to the court with a demand to compel the conclusion of an apartment sale contract forcibly -.

Deposit

3.2. If the Basic Agreement is not concluded due to the fault of the Buyer, the deposit is not returned by the Seller. The fault of the Buyer means the failure of the Buyer or his representative to appear with a notarized power of attorney or a power of attorney certified by persons in accordance with, on the date specified in , at the place specified in clause 1.3.5. of this preliminary contract.

3.3. If the Main Agreement is not concluded due to the fault of the Seller, he will have to return to the Buyer the deposit made in double the amount within 3 (three) banking days from the date of expiration of the period specified in . The fault of the Seller is determined in the same way as the fault of the Buyer, as specified in 3.2. of this preliminary contract.

3.4. Return by the Seller to the Buyer of the deposit or non-return by the Seller to the Buyer of the deposit on the grounds provided for, terminates the obligations of the Parties to conclude the Main Agreement.

3.5. The amount of the deposit paid by the Buyer in accordance with the amount is subject to return by the Seller to the Buyer if, before the term for concluding the Main Agreement, the Buyer reveals circumstances as a result of which the transaction between the Seller and the Buyer can be disputed and the sold Apartment is subject to withdrawal from the Buyer. The Seller is obliged to return the amount of the deposit to the Buyer within 3 (three) banking days from the moment the Buyer submits a request to the Seller for the return of the amount of the deposit.

4. Final provisions

4.1. This preliminary agreement comes into force from the moment of its signing by the Parties and is valid until the parties fully fulfill their obligations.

4.2. This preliminary agreement may be terminated in cases provided for by the current legislation of the Russian Federation.

4.3. The costs of concluding the Basic Agreement are borne by:

4.3.1. State duty for registration of the transfer of ownership under the contract for the sale of the Apartment - the Buyer.

4.3.2. Payment for the rent of a bank cell - the Buyer.

4.3.3. Payment for verification/recalculation of funds - the Seller.

4.4. All disputes and disagreements of the Parties under this preliminary agreement do not imply a claim procedure and are subject to consideration in court at the location of the Apartment.

4.5. This preliminary agreement is drawn up in Russian in two copies having equal legal force, one copy for each of the parties.

Signatures of the parties:

SALESMAN

_____________________________________________________________________________

FULL NAME. signature

CUSTOMER

____________________________________________________________________________

FULL NAME. signature

Receipt

City ________________, ____________________________________

I, _________________________, _________________ year of birth, passport ______________, issued on "___" __________ g._____________________, subdivision code _____________, address: __________________________________, received ___ dated _______________________ _________________ year of birth, passport ______________, issued "___" __________ g._____________________, subdivision code _____________, address: __________________________________, deposit on preliminary contract for the sale of an apartment dated "___" ___________. in the amount of ____________ (__________________) rubles.

I have transferred the money

Full name Signature

I have received money

I have no claims.

When buying real estate on the eve of the execution of the Basic Agreement, the parties can conclude a preliminary contract for the sale of an apartment with or without a deposit. The document makes it possible to confirm the intention to purchase housing, and if life circumstances change, to correct some points or postpone the purchase. Its preparation is not mandatory, but in some cases a preliminary contract is indispensable.

What does a preliminary contract for the sale of an apartment give?

In fact, a preliminary sale and purchase agreement (PDKP) is an agreement on the conclusion of the Main Agreement in the future on the agreed terms. It is advisable to issue a PDCP under the following circumstances:

At the current moment, the buyer does not have enough money to make a purchase. By concluding the PDCP, the seller confirms his readiness to wait for the collection of the missing amount, and the buyer confirms his readiness to buy the property on time.
Inability to arrive in person to complete the transaction. Sometimes the parties cannot show up for a deal, and actions through intermediaries arouse suspicion. The issuance of the MCAP provides an opportunity to delay the sale until the arrival of the parties.
Lack of necessary documents. Some certificates, such as permission from the guardianship authorities for the sale, may take from 2 weeks to 1 month, therefore, sometimes the parties urgently need to delay the transaction in order to collect documents.
Buyer distrust. The seller must confirm that the apartment belongs only to him and after the sale there will be no "hidden" owners. To collect evidence in the form of additional certificates, extracts, you will need from 1 to 4 weeks.

The execution of the contract is governed by Art. 429 of the Civil Code of the Russian Federation. According to the law, it must contain the same conditions that will be in the Main Agreement. The pre-contract reflects the willingness to buy an apartment at a specified price within a specified period of time.

What is the difference between a preliminary contract for the sale of an apartment from the main contract

The main difference between the Preliminary and the Main Agreement is that the latter does not provide grounds for acquiring ownership of real estate. The contract does not transfer the apartment or money to pay for housing. In addition, there are other features that you should pay attention to:

The subject matter of the contract in the MAAP may be described in less detail than in the Basic. It is enough to specify the exact address. However, if desired, the parties can go into details, indicating the number of rooms, area and other nuances.
Despite the specific indication of the price of the apartment in the PDKP, payment is not made upon its conclusion. The only thing that the parties can do is to agree on making an advance payment or deposit on account of the amount under the Main Agreement.
The default pre-agreement is valid for only one year, after which it is either considered invalid by mutual agreement of the parties, or terminated in court. The duration of the Basic Agreement is not limited. This means that if the parties have entered into an agreement on the purchase and sale of an apartment, if necessary, they have assured it with a notary and registered it with Rosreestr, it is valid until the final fulfillment of obligations. Of course, there may be time restrictions in it, for example, on the deadline for paying the entire cost of the apartment or a specific date for the discharge of tenants.
The preliminary contract must be concluded in writing. Notarization is not required. In contrast, it can also be concluded in a simple form, and in some cases - in a notarial form (when selling an apartment of an incompetent, underage citizen or in the case of selling an apartment in shared ownership). At the same time, state registration with Rosreestr is a mandatory procedure.

The MPCP may include additional guarantees for the fulfillment of obligations - an advance payment or a deposit.

Deposit in the preliminary contract for the sale of an apartment

There is a significant difference between the concepts of "advance" and "deposit".

The deposit meets the criterion of the means of securing the contract as accurately as possible. According to Art. 380 of the Civil Code of the Russian Federation, this is the amount that is issued by one party to the contract to the other party. The deposit is part of the payment for the purchase of the apartment. It is entered as evidence of the intention to fulfill the contract in good faith.

Whatever the amount of the deposit, the agreement to make it must be in writing.

If there has been a violation of the agreements, making a deposit carries the threat of material losses for both parties.

According to Art. 381 of the Civil Code of the Russian Federation, if it is impossible to fulfill the obligation or the parties themselves have come to a consensus regarding the cancellation of the transaction, the deposit may be returned. However, if the buyer refuses the intention to buy an apartment, the deposit left by him will remain with the seller. The latter may also suffer losses. If the seller takes the deposit and changes his mind about selling the property, he must pay double the deposit. In addition, the violator of obligations must compensate the counterparty for the losses incurred.

Another common form of payment made before the transaction is the conclusion of an advance payment agreement. It is a percentage of the principal amount of the agreement. In case of termination of obligations, this payment must be returned, but taking into account the costs incurred by the other party.

Example. The seller received an advance - 10% from the cost of the apartment and partially spent the money on paperwork for the sale. The wife dissuaded the buyer from buying an apartment, so the seller returned to the buyer only the balance of the advance.

If the amount cannot be attributed to the deposit, it is considered an advance payment.

For the Buyer and the Seller, a more preferable form of securing the performance of the contract is a deposit (not to be confused with a pledge, when an encumbrance is imposed on the property). Its payment implies more serious negative consequences in case of violation of the provisions of the DPKP. If, then, they are not afraid of possible difficulties and are determined to make a deal.

The condition of paying a deposit can be included in the preliminary contract for the sale of an apartment. When transferring a sum of money as a deposit, the parties draw up a receipt stating that the Buyer transferred, and the Seller accepted a certain amount, and the word “deposit” must appear in the receipt, otherwise the action will be regarded as an advance payment.

What obliges, risks of the buyer, consequences of breach of contract

The preliminary contract obliges the Buyer to purchase the apartment in the future. If he refuses, he risks losing the paid amount of the deposit. It is not excluded even the beginning of the trial. The fact is that according to paragraph 5 of Art. 429 of the Civil Code of the Russian Federation in the event of a breach of obligations, each of the parties to the contract has the right to demand in court the registration of the sale of an apartment within six months from the date of default.

As for the risks, the conclusion of the MAAP does not bear any claims on the secondary housing market. Everything is extremely clear and transparent. There is a desire to conclude a PDKP - please, the law gives such a right, there is no desire to give any obligations - the contract is not concluded. Then, when making a sale, the main contract is immediately prepared.

Risks of concluding a PDCP in the primary real estate market

The greatest risks are associated with the purchase of housing under the MCAP in the primary market. The fact is that the developer must draw up an equity participation agreement (DDU) with the buyer. According to such a document, the responsible person borrows money from the investor (buyer of the apartment), and in return undertakes to conclude an agreement upon completion of construction, the consequence of which will be the transfer of ownership from the developer to the buyer.

The replacement of the DDU with the PDKP means that the Buyer will not have the right to demand that the developer transfer the apartment into ownership. If the construction is not completed, at best, the investor will be able to return the security deposit.

It should be taken into account that the risk of “double sale” is eliminated when issuing a DDU, and a PDCP can be concluded several times. Then several deceived investors will claim the completed apartment.

When buying an apartment on the primary market, the MCAP can be issued only on the condition that the apartment physically already exists, the developer is the owner and intends to sell it. When investing in construction, you only need to conclude a DDU. Also, you should not trust a developer offering to conclude a Preliminary Equity Participation Agreement, since it does not have legal consequences similar to the DDU.

Where to conclude

You can draw up an agreement of intent to sell an apartment:

on one's own;
with the help of a notary;
at a real estate agency.

The first method is the cheapest and most dangerous, since the slightest inaccuracy in the wording of the clauses that a standard contract may contain will turn the MPAP into useless paper. You need to ask a lawyer about how to draw up a document correctly.

A notary can help to correctly draw up a document, assess the legal capacity of the parties, confirm that the actions of the Seller and the Buyer are voluntary.

Realtors primarily act in the interests of the Seller. Buyer protection is their last concern. In the vast majority of cases, it is proposed to indicate as security for the transaction that the buyer makes an advance payment, the return of which is extremely difficult.

Is it necessary to conclude

Registration of PDKP is a voluntary matter. If the seller does not want to draw up an agreement of intent to make a deal, he may "lose" the buyer, who needs such a document. The fact is that when issuing a mortgage, the buyer must provide the bank with a written obligation to buy an object for which a large amount of money is issued. It is the PDKP that allows you to conclude a loan agreement.

Do I need to register

The document is not subject to state registration, is not the basis for the transfer of ownership.

Validity

It is not necessary to indicate the validity period of the preliminary agreement, however, if it is important for the Buyer (Seller) that the transaction is completed within a certain period, then it is necessary to stipulate that the Main Agreement must be concluded, for example, within 6 months. How long the termless preliminary contract of sale is valid is indicated in paragraph 4 of Art. 429 of the Civil Code of the Russian Federation. By default, the document is valid for 1 year old.

As soon as the main contract is concluded, the preliminary one loses its legal force.

How to draw up a preliminary contract for the sale of an apartment

The following points should be kept in mind when compiling the APAP:

the subject of the contract must be clearly defined in the document;
paragraphs are formulated concisely and intelligibly without the possibility of discrepancies.

The contract looks like a draft of the Basic Agreement, repeating its clauses and subject to conclusion after a specified period of time. By agreement of the parties, certain provisions may be changed.

The contract highlights the essential and additional conditions.

Essential conditions include:

Information about the parties to the contract: full name, passport details, place of residence. If the contract is drawn up by an attorney, her full name, number and validity period of the power of attorney should be indicated.
The subject of the contract is an apartment. In the PDCP, it is required to specify the characteristics that make it possible to recognize the object. This includes: location of housing (city, street, house); number of residential and non-residential m2; number of storeys of the building in which the apartment is located; number of rooms; some of the nuances that affect the decision to purchase. You should also indicate the document on the basis of which the buyer disposes of the property.
Real estate value. It is obligatory to indicate the price, because its change is a reason for refusing the transaction.
Settlement method. The parties may agree on payment in cash, on bank transfer, payment by using a bank cell or with the condition of attracting mortgage funds or mother capital.
Availability of persons having the right to use the object. The document must specify the time frame for all tenants to deregister and leave the premises.
Contract time. It may or may not be specified. It is recommended to clarify by what date the transaction must be completed. After its expiration, the contract will be considered invalid.
Contract performance guarantees. This is where an advance payment or deposit is made.
Transaction costs. It should be indicated who will bear the costs for notarization, collection of documents. More:
Penalties. The MPAP specifies what punishment awaits the violator of obligations.

These clauses must necessarily appear in the contract, but at their discretion, the parties can detail the agreement by supplementing it with additional clauses.

Download a sample of a preliminary contract for the sale of an apartment with a deposit

Sample (template) of a preliminary contract for the sale of an apartment without a deposit

Download a sample of a preliminary contract for the sale of an apartment without a deposit

Is the pre-contract legally binding?

Regardless of whether the contract has been notarized, it has legal force and entails legal consequences.

The parties undertake to make a deal, however, unpredictable circumstances may cause the abandonment of former intentions. Then events develop according to one of the possible scenarios:

If the term of the preliminary agreement expires, and neither party has declared its intention to conclude the main agreement, the MAAP is considered invalid. If desired, one of the parties may apply for an extension of the period, and the other may accept the proposal or refuse.
If the term has not expired, and both parties are ready to refuse the transaction, the deposit is returned to the previous owner. The Seller and the Buyer draw up a document-agreement on the termination of the MCAP.
One of the parties sends a written proposal to the other party to terminate the contract. In this case, the initiator must be prepared to incur a loss in the amount of the deposited deposit (or twice the amount of the deposit). As a rule, the case comes to court only if it is not possible to resolve material inconsistencies.

The legal force of a preliminary contract cannot be underestimated. Its conclusion and termination is regulated by law. In judicial practice, there are many cases when the owner was forced to sell an apartment if he did not have the funds to return the deposit.

How to cancel a pre-contract

At the stage of signing the contract, each of the parties can simply refuse to conclude it. If the document has already been signed, then there is an opportunity to terminate obligations or change essential conditions (for example, the price of an apartment).

To change the conditions, an additional agreement must be drawn up. This is possible only if the other side does not mind.

How to return money

When drawing up the PDCP, it is necessary to clearly state whether the Seller (Buyer) is really determined to sell or buy, and whether a refusal is possible. If there are some nuances, for example, a counter transaction is expected, on which the subsequent sale depends, it is not worth indicating the provision for making a deposit.

The operation of buying and selling real estate is a fairly common type of transactions between Russian citizens. Despite the apparent simplicity of the transaction, without a preliminary contract for the sale of an apartment, it carries a lot of outwardly unexpressed risks. Even without considering the dangers associated with possible fraud by one of the parties involved in the transaction, there is a risk of financial loss as a result of the refusal of the buyer (seller) to buy (sell) an apartment for any personal reason.

If a loan was taken for the proposed transaction or the potential buyer had already sold the previously occupied housing at the time of the seller's refusal, he will certainly incur losses associated with the payment of interest charges to the bank on an unrealized loan, or in connection with unplanned expenses for financing temporary residence. Some banks require mandatory presentation of a preliminary agreement for mortgage lending.

In order to gain confidence in the legitimacy of the upcoming agreement, the parties develop a preliminary contract for the sale of an apartment. The expediency of issuing such a document is not only to reduce the likelihood of financial costs for one of the parties, but also for a number of other reasons:

in order to give legal effect to a previously concluded oral agreement between the buyer and the seller;
for guaranteed approval of the price of the property accepted by the parties (meaning the guarantee of the invariability of the amount throughout the transaction), this is especially true when the buyer attracts part or the full amount of borrowed funds;
to determine a mutually satisfactory date for the transfer of the apartment to new owners (vacation of the property by the previous owners);
determination of the actual state of the apartment, which the former owner is obliged to maintain (implement) by the time the operation of acceptance and transfer of property is completed;
financial size transferred by the buyer to the seller in order to confirm the seriousness of his intentions. When making a transaction involving a deposit, the document must be certified by a notary at the place of registration of the contract. By the way, similar legal operations with the main stipulation are not required in connection with the identification of the buyer and seller of real estate by Rosreestr employees;
in order to determine the procedure for returning the deposit to the buyer in the event of circumstances that do not allow the parties to fulfill the full list or part of the obligations reflected in the preliminary contract.

This is just an approximate list of the most up-to-date information reflected in the contract for the sale of an apartment in the vast majority of cases. By mutual agreement of the parties involved in the transaction, the preliminary contract may be supplemented by any reasonable clause.

Transfer of deposit

A deposit is a part of the cost of a residential property set by the seller (usually five percent), transferred by a potential buyer to the seller of an apartment, as a factor that increases the credibility of intentions and guarantees the success of a future transaction.

The deposit is transferred to the seller (owner) of the apartment in cash in the presence of a notary, with the parties signing an agreement at the same time - a preliminary contract for the re-registration of the apartment. Recently, with the spread of non-cash methods of payment for the cost of goods and services, at the request of one of the parties (mutual desire), the amount of the deposit specified in the preliminary contract can be transferred to the apartment owner to a bank account by any of the methods available to the buyer.

Detailed conditions for the transfer (receipt) and return (non-return) of the amount of the deposit are necessarily reflected in one of the clauses of the contract of sale. When making transactions under a contract with a deposit in 2020, it is generally accepted that if the transaction failed due to the fault (initiative, creation of conditions, prerequisites, etc.) of the buyer, then he cannot claim a refund of the previously paid deposit for the apartment. In turn, in case of conscious termination of the terms of the contract (unilateral withdrawal from the transaction) by the seller of real estate (apartment), the amount of the deposit received earlier is returned to the buyer in an amount twice the initial amount.

A sample of a prepared document that takes into account the nuances of acquiring housing with a deposit in 2019 can be downloaded at.

Buying an apartment with a mortgage

The purchase of real estate with the involvement of borrowed funds (in a mortgage) has a number of distinctive features from a transaction without one:

The first difference is that the creditor bank without fail becomes a participant (one of the parties to the agreement) of the transaction.
The second difference concerns the acquisition of housing in the primary market (in a new building). The seller in such transactions is a representative of the legal entity - the developer, which imposes non-exclusive restrictions on the transaction and entails the introduction of a number of additional clauses in the contract of sale.
The Bank assumes the obligations of a guarantor of the forthcoming transaction, regardless of the status of the apartment seller.
When buying an apartment from a construction company, it is she who dictates the fundamental conditions for concluding contracts of all types of design.
The mortgage lending agreement is concluded with the buyer for the full cost of the purchased apartment, not taking into account the amount of the deposit. The developer company may not require the mandatory transfer of a deposit, if we are not talking about apartments that are in consistently high demand. The amount of the deposit varies from five to ten percent of the cadastral value of the subject of the transaction.

Preliminary contract for the sale of a share of an apartment

The operation of acquiring a share in an apartment (other residential premises) does not fundamentally differ from the purchase of a real estate object as a whole. The main difference in the structure of the preliminary (main) contract lies in the detailed presentation in the text of the document of exact geometric data, size, cost, percentage ratio and other data that unambiguously identify the acquired share.

The cost in all cases is indicated in rubles. When considering a property valued by the seller in any other currency of foreign states, the value converted into rubles at the Central Bank exchange rate on the day of signing (notarization) of the contract is entered into the contract of sale.

In the case of the purchase of shares, the obligation to carry out verification activities of the consent of the owners of other parts of the residential premises to the sale by the main seller of his share lies with the seller. Buying a share is a much more problematic operation compared to buying an apartment on the secondary real estate market. For example, if the requirements of Article 250 of the Civil Code of the Russian Federation “On the right of preemption” are not observed, the court may invalidate the sale and purchase operation and cancel the original agreement, despite the contract that was impeccably executed and certified by a notary.

Purchase and sale in the primary market

The acquisition of an apartment in a new building (from the developer) does not impose additional restrictions on the execution of contracts. A preliminary contract for the sale of an apartment is drawn up with a legal entity as a seller in a regular manner.

Unlike equity agreements, where the buyer becomes the full owner of the property even before its construction is completed and put into operation, the acquisition of a new building under a preliminary sale and purchase agreement imposes limited obligations on the seller. In case of equity participation in the construction of residential premises, the execution of additional contractual agreements does not carry the elements of expediency. The developer company will not be able to sell the apartment without the written consent of the individual (legal) person who acted as a financial sponsor of its construction, and all relations between the parties are regulated by special conditions for participation in shared construction.

Contract structure

The preliminary contract does not have a legally established form, it is drawn up on a sheet of standard A4 format and, if necessary, supplemented with clauses necessary by agreement of the parties. An example can be downloaded from this link.

But, despite the free form of drawing up a document, it is certified by a notary and without fail reflects the information:

about the current calendar date of development and signing of the preliminary contract;
on the geographical location at the time of signing (as a rule, simply the city of registration is indicated);
fully written (without abbreviations) last names, first names and patronymics of all participants in the contractual relationship, in the simplest case - the owner of the apartment and the potential buyer, their handwritten signatures;
information approximately orienting the date (period, interval of time) of signing by the parties of the main contract. As a rule, the month or quarter of the approximate readiness of the parties is indicated;
sanction measures of responsibility applied to a party that does not fulfill (avoids fulfilling) the terms of the signed agreement;
the method and features of the procedure for the seller to receive funds (when making a transaction with a cashless settlement, the financial details of the parties are additionally indicated);
geographical coordinates (if technically possible) and the address on the site of the purchased apartment;
the main technical features of the apartment, which the previous owner is obliged to maintain until the official transfer of the dwelling;
the exact date (an approximate time interval may be indicated) of the final transfer of the apartment from the previous owner to the present;
a permissive or prohibitive clause on the introduction of additional conditions by one of the parties into an already signed agreement;
the price of the apartment in digital form and in words, the amount of the deposit and the conditions for its transfer (as a rule, the offices of lawyers or notaries are chosen).

Document validity period

Legally, the document becomes invalid after the parties fulfill all the points (conditions) reflected in the body of the document. The force of the contract may also be lost if one of the parties proves that the terms of the transaction are not fulfilled and the contract is terminated by the court.

Also, the time of the legitimacy of the treaty can be limited by a paragraph of the text of the document itself, this has an effective rational core. If the specific deadlines for fulfilling the obligations of the parties (the latest possible date is indicated) are not indicated, this may lead to additional problems in the future - a deterioration in the financial situation of one of the parties to the transaction and an attempt against this background to obtain more favorable conditions, the onset of force majeure circumstances - fire, earthquake, fighting, etc.

Conclusion

A verbal agreement, even between good friends and close relatives, does not guarantee an unconditionally positive completion of the transaction, especially when large financial sums are involved. Despite the fact that the notarization of the preliminary agreement is mandatory, it is developed and concluded solely at the mutual desire of the parties who are interested in making a purchase (with the exception of the conditions when the form is presented to a credit institution, for example, a bank).

A well-designed document preceding the signing of the main contract for the sale of an apartment is an effective legally significant measure to prevent illegal actions, as well as actions related to attempts to evade liability if the terms of an oral agreement are not met.

In contact with

Note: This sample is for reference only. Before signing the MPAP, we recommend that you consult with a lawyer.

No. 100-PDKP-2018

Moscow on the tenth of December two thousand and eighteen

Limited Liability Company “Building on Time”, hereinafter referred to as the “Seller”, TIN ________ OGRN _________, location: ____________, registered ___________, certificate of state registration series __________, issued _________, represented by General Director Dmitry Pavlovich Ivanov, acting for the basis of the Charter, on the one hand and

citizen of the Russian Federation Vasiliev Ivan Vasilyevich, hereinafter referred to as the "Buyer", on the other hand, collectively referred to as the "Parties", have concluded this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

The parties agreed to conclude in the future a contract for the sale of a 1-room apartment (hereinafter referred to as the Main Agreement), conditional number 001, with a total design area of 30 square meters (hereinafter referred to as the Apartment), located in Section 1 on the 2nd floor of a fifteen-story residential houses at the address: at the construction address: Moscow, st. Builders, ed. 101 (hereinafter - MKD). The postal address of the MKD will be specified by the decision of the authorized authority.
The construction of the MKD was carried out by the Seller on the basis of a building permit No. 001 dated January 01, 2017. At the time of the conclusion of this Preliminary Agreement, the construction has been completed, which is confirmed by the permission to put the MKD into operation dated December 03, 2018.
Prior to the conclusion of the Main Agreement, the Seller's ownership of the Apartment will be registered in the Unified State Register of Real Estate.
The Parties undertake to conclude the main contract by March 1, 2019.

2. Essential terms of the main contract

Under the Basic Agreement, the Seller undertakes to transfer the Apartment to the Buyer's ownership, and the Buyer undertakes to accept it and pay the price of the Apartment.
The price of the apartment is calculated based on the cost of 1 sq. m - 110,000 (one hundred and ten thousand) rubles, and amounts to 3,000,000 (three million) rubles, VAT exempt. The price of the apartment is fixed and can only be changed by mutual agreement of the Parties.
The buyer pays the price of the apartment within 3 (three) days from the date of conclusion of the Basic Agreement. Payment for the price of the Apartment is made by transferring funds to the Seller's bank account specified in the Basic Agreement.
The transfer of ownership of the Apartment to the Buyer is subject to state registration in the Unified State Register of Real Estate. To do this, within 10 (ten) working days after the conclusion of the Basic Agreement, the Buyer and the Seller undertake to apply for registration and the necessary documents to the territorial office of the Federal Service for State Registration, Cadastre and Cartography.
The Apartment will be handed over to the Buyer under the deed of transfer within 10 (ten) working days after the state registration of the Buyer's ownership of the Apartment.
The Seller guarantees that the Apartment will be transferred to the Buyer free from any encumbrances, arrests, etc.
To make claims in connection with the inadequate quality of the Apartment (with the exception of technological and engineering equipment), the Seller establishes a Warranty period of 5 (five) years from the date of transfer of the Apartment to the Buyer under the acceptance certificate in accordance with this Agreement. The warranty period for technological and engineering equipment is 3 (three) years from the date of signing the Transfer and Acceptance Certificate.
Other terms of the Main Agreement are determined by the Parties in the draft Main Agreement, which is an Appendix to this Agreement.

3. Liability of the parties

If one of the Parties evades the conclusion of the Main Agreement, the other Party has the right to apply to the court with a demand to compel the conclusion of the Main Agreement.
The Party that unreasonably evades the conclusion of the Basic Agreement must compensate the other Party for the losses caused by this.

4. Final provisions

The Seller warrants that it has not entered into and undertakes not to enter into agreements with other persons in relation to the Apartment before the conclusion of the Main Agreement.
This Agreement comes into force from the moment of its signing by the Parties and is valid until the Parties fully fulfill their obligations.
All disputes and disagreements that may arise between the Parties under this Agreement will be resolved through negotiations. If no agreement is reached, they will be resolved in court in the manner prescribed by the current legislation of the Russian Federation.
This Agreement may be terminated by agreement of the Parties, as well as on other grounds provided for by the current legislation of the Russian Federation.

5. Appendix: Draft Basic Agreement.

6. Details and signatures of the Parties

This article contains general information about the content of the legislation and may not be specific to each case. Consult with a lawyer and find out how to act in your particular situation.

Penalty for the use of other people's money

Preliminary contract for the purchase of an apartment sample. Preliminary contract for the sale of an apartment, sample filling. Download sample documents