Agreement for the sale and purchase of a residential building with a plot of land. The procedure for buying and selling a house with land: from real estate valuation to transferring money Form for writing the purchase and sale of a house
I, a citizen of the Russian Federation: Ivanov Ivan Ivanovich, born 03/03/1992, place of birth: Ivanovo city, Ivanovo region, Russia married, holding a passport 00 00 200000, issued on 03/03/2011 Branch of the Federal Migration Service of Russia for the city of Ivanovo, Ivanovo region, subdivision code 342-017, residing at: Kaliningrad region, Ozersk city, st. Ozerskaya, house 11, apt. 11, hereinafter referred to as the “SELLER”, and
I, a citizen of the Russian Federation: Frolova Faina Frolovna, born 04/04/1984, place of birth: Ozersk city, Kaliningrad region, Russia, married, having a passport 01 01 103030, issued on 09.09.2006 Department of Internal Affairs of the Ozersky district of the Kaliningrad region, subdivision code 392-019, residing at: Kaliningrad region, Nesterov city, st. Nesterova, building 3, apt. 3, hereinafter referred to as the “BUYER”, have entered into this agreement as follows:
1. The “SELLER” sold, and the “BUYER” bought into ownership, a land plot owned by the “SELLER” with cadastral number 39:00:000000: 1, with an area of 1563 ( one thousand five hundred sixty three) sq. m, land category - lands of settlements, permitted use – for an individual residential building, as well as a residential building located on it, with a total area of 60.8 ( sixty point eight) sq. m, located at: Kaliningrad region, Ozersk city, st. Chernyakhovskaya, house 19 (nineteen).
2. The specified residential building belongs to the “SELLER” by right of ownership on the basis of: Sale and purchase agreement dated November 20, 2001, concluded in the city of Nesterov, about which registration entry No. 39-39/053/34-345 was made in the Unified State Register of Real Estate and transactions with it on December 5, 2001, on the basis of which on December 5, 2001, Institution of Justice for the Kaliningrad region issued Certificate of State Registration of Rights No. 39-AA No. 234324.
3. The specified land plot belongs to the “Seller” on the right of personal ownership, on the basis of: Agreement for the sale and purchase of a land plot concluded with the administration of the Ozersky urban district of the Kaliningrad region dated 06/09/2009. Resolution of the Head of the Ozersky Urban District No. 001 of January 23, 2009, about which in the Unified State Register of Rights to Real Estate and Transactions with It on July 20, 2009, registration of rights No. 39-39-90/133/2009-001 was made and Certificate of State Registration of Rights 39-AA No. 000003 dated July 20 was issued. 2009.
4. The specified land plot was sold by the “Seller” to the “Buyer” for 200,000 (two hundred thousand) rubles; the residential building located on it was sold by the “Seller” to the “Buyer” for 800,000 (eight hundred thousand) rubles, which totals 1,000,000 (one million) rubles. All amounts have been paid prior to the signing of this agreement. The sale price of the specified land plot and the residential building located on it is contractual and true; any other documents that indicate a different sale price of the given land plot and the residential building located on it are declared invalid.
5. The “SELLER” guarantees that at the time of this agreement, the specified land plot and the residential building located on it have not been donated to anyone, not sold, not mortgaged, are not under arrest / prohibition / in a dispute and are free from any rights of third parties. The “SELLER” is responsible for concealing information about the location of the real land plot and the residential building located on it under prohibition or in collateral.
6. Transfer of a land plot and a residential building located on it, in accordance with Art. 556 of the Civil Code of the Russian Federation, is carried out according to the transfer act, which is an integral part of this agreement.
7. The “SELLER” undertakes to transfer the specified land plot and the residential building located on it in the same quality condition as they are at the time of signing this agreement. In the event of the sale of residential premises that do not comply with the terms of the contract on its quality, the rules of Art. 475 of the Civil Code of the Russian Federation.
8. The “BUYER” carries out at his own expense the operation and repair of the above residential building. Issues related to the payment of utilities and other payments were resolved by the parties independently. The BUYER has no complaints about the sanitary and technical condition of the residential building.
9. “BUYER” acquires the right of ownership / possession, use, disposal / of the specified land plot and the residential building located on it from the moment of registration of the transfer of rights in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Kaliningrad Region.
10. This agreement contains the entire scope of agreements between the parties regarding the subject of this agreement. The content and meaning of this agreement are clear to the parties. The responsibilities and rights of the parties not provided for in this agreement are determined in accordance with the current legislation of the Russian Federation.
11. All changes and additions to this agreement are considered valid if they are made in writing, signed by representatives of each party and have passed state registration.
12. All expenses for state registration, including the cost of preparing the necessary package of documents, are borne by the “BUYER”.
13. This agreement is drawn up and signed in three copies, one of which remains with the “SELLER”, the second with the “BUYER”, the third is transferred to the affairs of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Kaliningrad Region.
14. The parties confirm that they acquire and exercise their civil rights of their own will and in their own interest, are free to determine any terms of the contract that do not contradict the Legislation, their legal capacity and legal capacity are not limited, they are not under guardianship and trusteeship, and for health reasons they can independently exercise and protect their rights and fulfill their obligations, do not suffer from diseases (including mental disorders) that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, and are not in another state where they are unable to understand the meaning of their actions and manage them, that they do not have obligations that force them to make a transaction on extremely unfavorable terms for themselves.
SIGNATURES OF THE PARTIES:
"SALESMAN"
Money in total 1,000,000 (one million) rubles "SELLER" received in full.
Any citizen may be faced with the need to buy or sell a residential building. A number of questions immediately arise before him. How to document the transaction? How to correctly collect all the necessary documents? Where and how to draw up a purchase and sale agreement, and what further actions need to be taken?
Let's start with how the contract for the purchase and sale of a house is drawn up and where it is concluded.
The seller's party is usually the owner of the house or his representative, who has a general power of attorney to carry out such a transaction, certified by a notary.
The buyer can be a citizen, several citizens, or legal entities.
You can draw up a purchase and sale agreement by filling out a special form yourself, or you can contact a real estate company that deals directly with real estate trading.
When completing a real estate transaction on your own, you should first of all study the housing documents. Only its owner can sell a house.
It is very common that a house is put up for sale, but the owner does not have the documents.
To ensure the purity of the transaction, the buyer needs to familiarize himself with the Listing from the Unified State Register of Real Estate Rights. From this extract, the buyer will find out whether there are restrictions on the property being sold, whether it is under arrest, or whether there are any other encumbrances.
It is advisable for the buyer to request certificates from utility services.
Once you are convinced of the integrity of the seller, you can move on to the next stage - drawing up a purchase and sale agreement for the house.
When preparing a document, you should carefully fill out all the required fields. The contract form contains questions that sometimes only a specialist can answer correctly. The contract must indicate:
- are there any minor children in the apartment being sold;
- whether the apartment is in shared ownership;
- what funds are used to buy an apartment (own, borrowed, maternity capital);
House purchase and sale agreement. Where can it be done
Continuing the topic of drawing up a contract for the purchase of a house, the parties to the transaction should know that the following information must be included in the contract:
- Date of document preparation;
- Place of signing the agreement:
- Description of the object of sale;
- Area and condition of the house;
- Availability of land and its area;
- All data of the seller and buyer (name, passport, address);
- House cost;
- Cost of land;
- Signatures of the parties.
According to changes made to the legislation, there is no need to register a house purchase and sale agreement.
However, it should be noted that not all apartment transaction agreements are exempt from notary certification. There are a number of conditions under which you will have to contact a notary to certify a transaction. Such transactions for the alienation of the owner include:
- if the apartment belongs to an incapacitated person;
- if the owner of the apartment is a person who has not reached the age of majority;
- if the apartment is owned by several persons on the right of shared ownership.
It is possible to make a purchase and sale with minors or incapacitated citizens only if there is a document from the guardianship authorities, and an apartment that is in shared ownership can be sold with a written and notarized waiver of the owner of the share from the priority right to purchase the apartment.
Now, where can you make a house purchase and sale agreement?
To prepare documents in accordance with legal requirements, many citizens prepare to formalize the transaction at a notary office.
You can contact legal advice to draw up an agreement, a consulting company or an individual entrepreneur who provides services to the public in filling out and processing various types of documents.
If the home is sold through a realtor, then all the accompanying documents, up to the registration of ownership of the house, will be handled by the company’s specialists.
Contract for the sale of a house with three buyers
When drawing up a purchase and sale agreement, three owners at once must decide whether the property being purchased will be common or shared.
In case of common ownership, all three buyers will own the property on equal rights with the condition of joint residence, housekeeping, costs of repairs and maintenance of common property. In case of common ownership, a share can only be allocated through the court.
With shared ownership, each homeowner has his own share and ownership of this share.
When drawing up a contract for the purchase and sale of a house, in the “buyer” column, you must enter all three buyers, and specify what type of property they will have. The size of the share is also determined by the agreement.
How much does a contract for the sale and purchase of a private house cost?
The cost of paperwork for buying and selling a house varies everywhere. On average, we can say that it depends on the transaction price and will be approximately 1-2 percent of the cost of the house. But, if one of the parties has a legal education or has experience in drawing up such documents, the cost of completing all procedures can be minimized.
Enter the full name of the seller , hereinafter referred to as the “Seller”, acting as an individual, on the one hand,
Enter the full name of the buyer , hereinafter referred to as the “Buyer”, acting as an individual, on the other hand,
collectively referred to as the “Parties”, and individually as the “Parties”, have entered into this agreement for the sale and purchase of a residential building (hereinafter referred to as the “Agreement”) as follows:
1. Subject of the agreement
1.1. In accordance with this Agreement, the Seller undertakes to transfer the residential building specified in clause 1.2. Agreements (hereinafter referred to as “Real Estate”) together with a land plot with a cadastral number indicate the cadastral number of the land plot on which the Real Estate is located in the ownership of the Buyer, and the Buyer undertakes to accept and pay for the Real Estate in the amount and manner specified in this Agreement.
1.2. The real estate transferred to the Buyer has the following characteristics:
1.2.1. Cadastral number: indicate the cadastral number of the residential building
1.2.2. Cadastral value: indicate the cadastral value of a residential building
1.2.3. Address: indicate the full address of the residential building
1.2.4. Total area: indicate the area sq.m.
1.2.5. Living area: indicate area sq.m.
1.2.6. Number of storeys: indicate the number of floors
1.3. The transferred Real Estate belongs to the Seller on the right of ownership, which is confirmed by an extract from the Unified State Register of Real Estate dated indicate the date of discharge, № indicate the statement number, issued by the Moscow Branch of the Federal State Budgetary Institution "FKP Rosreestr".
1.4. The Seller transfers the Real Estate to the Buyer completely free from the rights of third parties and guarantees that the Real Estate is not subject to a pre-trial or judicial dispute, is under arrest, has no restrictions (encumbrances), including is not the subject of a pledge.
1.5. Ownership of the Real Estate passes to the Buyer in full.
1.6. The Seller guarantees that in the Real Estate specified in clause 1.2. of this Agreement, there are no registered or resident persons.
2. Duration of the contract
2.1. The Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations under this Agreement.
3. Rights and obligations of the parties
3.1. The seller undertakes:
3.1.1. Transfer to the Buyer ownership rights (including the right of ownership, use, disposal) of the Real Estate in the manner and under the terms of this Agreement.
3.1.2. Simultaneously with the transfer of ownership of the Real Estate, transfer to the Buyer the documents available to the Seller in relation to the Real Estate, if any are provided for by this Agreement, legislation or the nature of the Real Estate being transferred.
3.1.3. Compensate the Buyer for all losses incurred when the Real Estate is seized from the Buyer by third parties on grounds that arose before the conclusion of this Agreement.
3.2. The buyer undertakes:
3.2.1. Pay for the Real Estate in the manner and within the time limits established by this Agreement.
3.2.2. Properly accept ownership (including the right of possession, use, disposal) of the Real Estate.
3.3. The seller has the right:
3.3.1. Receive the funds due in full in the manner and under the terms of this Agreement.
3.4. The buyer has the right:
3.4.1. Acquire ownership rights (including the right of ownership, use, disposal) to the Real Estate in the manner and under the terms of this Agreement.
4. Procedure for transfer of real estate
4.1. The risk of accidental loss or accidental damage to the Real Estate passes to the Buyer from the moment of state registration of ownership rights of the Buyer in the Unified State Register of Real Estate.
4.2. Ownership of the Real Estate under this Agreement arises with the Buyer from the moment of state registration of ownership in the Unified State Register of Real Estate.
4.3. The right of ownership of the Real Estate must be transferred to the Buyer within the period specified in DD.MM.YY.
4.4. When transferring Real Estate, the Parties draw up a Certificate of Acceptance and Transfer of Real Estate in the form agreed upon in the Appendix (Appendix - ) to this Agreement.
5. Cost of real estate and payment procedure
5.1. The parties determined the following value of the Real Estate: Indicate the full price(Amount in words) rubles.
5.2. Payment of the cost under this Agreement is carried out in full in advance payment of the cost of the Real Estate within indicate DD.MM.YYYY in size Indicate the full price(Amount in words) rubles.
5.3. This Agreement is not subject to VAT.
5.4. Payment method under this Agreement: transfer by one Party of funds in the currency of the Russian Federation (ruble) to the settlement account of the other Party. In this case, the obligations regarding payment under this Agreement are considered fulfilled from the day the funds are written off from the account of the Party sending funds to the other Party.
5.5. The costs of state registration of the transfer of ownership of the Real Estate are borne by the Buyer.
6. Responsibility of the parties
6.1. The parties are responsible for non-fulfillment (improper fulfillment) of their obligations in accordance with this Agreement and the legislation of the Russian Federation.
6.2. The penalty under this Agreement is paid only on the basis of a reasonable written request of the Party.
6.3. Payment of the penalty does not relieve the Party from fulfilling its obligations under this Agreement.
6.4. Seller's responsibility:
6.4.1. If the Seller is more than 5 calendar days late in transferring ownership of the Real Estate to the Buyer, the Seller undertakes to pay a penalty at the rate of 0.1 percent of the value of the Real Estate for each day of delay, but not more than 10 percent of the value of the Real Estate.
6.4.2. If the Seller has not taken the actions necessary to register the transfer of ownership to the Buyer and has delayed the transfer of ownership of the Real Estate to the Buyer by more than 10 calendar days, the Seller undertakes to pay a penalty at the rate of 0.1 percent of the value of the Real Estate for each day delays, but not more than 10 percent of the value of the Real Estate.
6.4.3. In the event that the Seller has transferred the Real Estate with hidden defects that were known or should have been known to the Seller, the Buyer, at his option, has the right to impose one of the following obligations on the Seller:
a) A proportionate reduction in the purchase price.
b) Elimination of defects of the Real Estate within 30 calendar days from the date of the Buyer’s application.
c) Reimbursement of expenses incurred by the Buyer to eliminate defects within 30 calendar days from the date of the Buyer’s request.
6.5. Buyer Responsibility:
6.5.1. If the Buyer is more than 5 calendar days late in paying the cost of the Real Estate, the Seller, at his option, has the right:
a) Suspend the transfer of ownership and (or) ownership until the Buyer fulfills the obligation to pay the cost of the Real Estate.
b) Oblige the Buyer to pay a penalty at the rate of 0.1 percent of the value of the Real Estate for each day of delay, but not more than 10 percent of the value of the Real Estate.
7. Grounds for termination of the contract
7.1. The Agreement may be terminated by agreement of the Parties, as well as unilaterally at the written request of one of the Parties on the grounds provided for in this Agreement and the legislation of the Russian Federation.
7.2. The Seller has the right to terminate the Agreement:
7.2.1. In the event that the Buyer is overdue for payment of the cost of the Real Estate for a period of more than 30 calendar days.
7.3. The Buyer has the right to terminate the Agreement:
7.3.1. In the event that the Seller delays the transfer of ownership of the Real Estate by more than 30 calendar days.
7.3.2. If the Seller delays the transfer of ownership of the Real Estate by more than 30 calendar days.
8. Dispute resolution
8.1. The claim procedure for pre-trial settlement of disputes arising from this Agreement is mandatory for the Parties.
8.2. Claim letters are sent by the Parties by hand or by registered mail with notification of delivery of the latter to the addressee at the location of the Parties specified in the details of this Agreement.
8.3. The Parties are allowed to send claim letters in other ways: by courier mail.
8.4. The period for consideration of the claim letter is 10 working days from the date of receipt by the Party of the claim letter.
8.5. Disputes arising from this Agreement shall be resolved in court in accordance with the legislation of the Russian Federation.
9. Force majeure circumstances
9.1. The Parties are released from liability for non-fulfillment (improper fulfillment) of obligations under this Agreement if the non-fulfillment (improper fulfillment) of obligations was the result of force majeure (in particular: military action, fire, mass disaster) or other circumstances beyond the control of the Parties.
9.2. A party that cannot fulfill its obligations under this Agreement must promptly, but no later than 10 calendar days after the occurrence of the circumstances specified in clause 9.1. of this Agreement, notify the other Party and, within a reasonable time, begin to fulfill its obligations if the circumstances have ceased to exist and proper fulfillment of obligations has become possible.
10. Final provisions
10.1. The Parties acknowledge that all rights and obligations under this Agreement are established by the Parties freely, are not mistaken in the nature of this Agreement or actual circumstances, and are aware of the legal consequences of concluding this Agreement.
10.2. The Parties acknowledge that if any of the provisions of this Agreement becomes invalid or is declared invalid, the remaining provisions of this Agreement are binding on the Parties during the term of this Agreement.
10.3. The Agreement is drawn up in 3 (three) copies in Russian, one for each of the Parties, one copy for the registration authority.
11. Application list
11.1 . Appendix 1 -
11.2 . Appendix 2 -
Signatures and details of the parties
Salesman: indicate the name of the seller
Address: registration address
Passport:
Issued by:
Account: indicate current account
Bank: indicate the name of the bank
BIC: specify BIC
Core/sch:
Salesman ________________ last name and initials of the seller
Buyer: indicate the buyer's name
Address: indicate registration address
Passport: indicate the series and number of the passport
Issued by: indicate the name of the authority and the date of issue of the passport
Account: indicate current account
Bank: indicate the name of the bank
BIC: specify BIC
Core/sch: indicate correspondent account
Buyer ________________ buyer's surname and initials
Salesman can independently set the price correctly, based on the cost of similar real estate, put up for sale. Information of this kind can be easily found with access to the Internet.
A more expensive option is to contact a professional appraiser: in this case, the home owner will either receive an official document - an Appraisal Report, which includes not only the characteristics of the property, but also a market analysis.
When assessing market value, factors such as:
- Location: infrastructure development in the area, transport accessibility, environmental conditions, nearby facilities.
- The area of the house and the area of the land.
- The material from which the house is built.
- The presence or absence of communications.
- Year of construction.
- Condition of the house.
- Internal improvements.
- Availability of other objects on the site.
- Land quality, etc.
To reduce the time of sale and simplify the procedure for registering the transfer of rights, it is advisable for the seller to have all the documents certifying ownership. If the plot is not registered with the Cadastral Chamber or the house is an unauthorized construction, it is advisable to go through the registration procedure. This will greatly simplify the sale of real estate; moreover, the absence of such documents, as a rule, negatively affects the value of real estate.
A document certifying ownership is a certificate of ownership. This document may be missing: for example, ownership transferred to its current owner before the creation of the state registration system. If the right has not been registered, the seller can contact the Registrar with the title documents:
- bill of sale, agreement or exchanges that have passed state registration;
- when purchasing real estate, a certificate of payment of the appropriate tax is required;
- if the property has been inherited, in addition to the certificate of inheritance, a certificate of payment of the appropriate tax is required;
- if the house was built: an agreement on the provision of a plot for the purpose of building a house on the right of private ownership or an agreement on the right of development, concluded before 08/26/1948) and a registration certificate.
Since, first of all, the buyer is interested in checking the purity of the transaction and the absence of encumbrances on the real estate, before making a decision to purchase real estate, it is necessary to request an extract from the Unified State Register.
Documents
The following list of documents must be provided:
- Documents on property rights: title and title documents;
- Technical passport of a residential building;
- Extract from the house register;
- Consent of all persons registered in the house with their obligation to check out within the time limits established by the contract;
- Document confirming the absence of tax debts;
- Extract from the Unified State Register;
- Cadastral passport for land or notice of lack of information in the Cadastral Chamber;
If necessary:
- Consent of the spouse, certified by a notary;
- Permission (consent) of the guardianship and trusteeship authorities.
Conclusion of a preliminary agreement
When the parties intend to sign a purchase and sale agreement, they have the right to draw up a preliminary agreement formalizing such intention. The main agreement subsequently is concluded on the terms and conditions specified in the preliminary agreement, which also takes the form of a main document.
- conditions on the subject of the contract;
- essential terms of the main agreement;
- the period within which the signing of the main contract is implied. If the period is not agreed upon by the parties, then it is considered equal to 1 year from the date of conclusion of the preliminary agreement. If one of the parties unreasonably refuses to sign the agreement, the second has the right to go to court. If after the expiration of the period specified by the parties or by law, the main agreement has not been signed, forced signing of the main agreement is impossible, and the preliminary agreement is terminated.
A preliminary purchase and sale agreement is not subject to state registration.
Drawing up the main agreement and transferring money
The purchase and sale agreement for a residential building with a plot is drawn up in writing and must be signed by the parties. If desired, the agreement can be certified by a notary, but this is not a prerequisite.
The document must contain:
- Name of the agreement.
- Date and place of his imprisonment.
- The subject of the agreement, i.e. a complete list of objects of the alienated property.
- Identification characteristics of each alienated object: location, purpose (land category), inventory number, area, information on registration of rights in the Unified State Register.
- Contract price. The amount is indicated in total, as well as separately for each property.
- Additional conditions: time of taking ownership, guarantees, procedure for paying expenses related to the transaction, etc.).
It is advisable to make cash payments in the presence of witnesses: this can be a realtor, a notary or a bank employee (when placing money in a depository cell of a bank chosen by the parties). The bank also has the ability to check the authenticity of banknotes.
Upon completion of the cash transfer procedure, it would be advisable for the buyer to request a receipt from the seller for receipt of funds. After settlement, the parties sign an agreement and an act of acceptance and transfer of property.
Registration
The law requires registration of the transfer of rights to real estate when completing a purchase and sale transaction, in connection with this the contract is signed in at least 3 copies: one for each party and one kept by the Registrar.
Documents for state registration:
- title documents for both objects;
- cadastral plan (registration certificate) for the house and cadastral extract for the land;
- purchase and sale agreement with transfer deed;
- certificate of persons registered in the house;
- duty payment receipts.
Additionally you may need:
- consent of the spouse, certified by a notary;
- permission or consent of the guardianship and trusteeship authorities;
Both parties to the transaction apply for a passport and an application for state registration. The procedure will take 10 working days.
Finance
If real estate was in the seller's possession for less than three years - he is required to file a tax return in form 3-NDFL and pay tax at a rate of 13%. At the same time, he has the right to a tax deduction, but in an amount not exceeding 1,000,000 rubles, or has the right to reduce the amount of taxable income by the amount of expenses associated with the acquisition of this property.
The buyer also has the right to exercise his right to a property deduction not exceeding RUB 2,000,000. We should not forget that the owner, who becomes the buyer, is the payer of land tax and property tax for individuals.
The cost of assessing an object when contacting a specialized agency will, as a rule, depend on the labor intensity of the process and the remoteness of the object and will amount to at least 6,000 rubles.
When you contact a bank to transfer money, its services will cost from 12 rubles per day.
Checking the legal purity of the transaction when contacting lawyers will cost at least 2,000 rubles. If full support of the transaction is provided, then the cost of such a service will be from 35,000 rubles.
Title insurance will average 0.3% of the amount insurance.
For citizens, the state fee will be 6,000 rubles (2,000 rubles for registering the right to a house and 2,000 for land, 2,000 for registering a contract); for legal entities: 66,000 rubles (22,000 thousand per object, 22,000 for registration of an agreement).
Obtaining an extract from the Unified State Register on paper will cost 200 rubles for citizens and 600 rubles for organizations.
Pitfalls
Ownership has not been registered for a house or land. The seller may own the land not on the right of ownership, but on the right, for example, of a lifetime inheritable gift.
The house may turn out to be an unauthorized construction, which will subsequently be quite difficult to formalize properly.
Fake power of attorney. When making a transaction where a proxy is acting, it is necessary to contact the notary who issued the power of attorney to make sure that it has not been revoked. It is also worth making sure that the person who issued the power of attorney is legally competent. It would be a good idea to make sure that the owner is even alive.
If the house was sold without the consent of the persons registered in it, the transaction may be challenged in court. However, in this case, insurance against the risk of loss of ownership can be a salvation, of course, if the buyer takes care of this in advance.
Before selling a house, it is recommended to conduct a professional assessment of the property and put the documents on the property in order, complete the registration of rights to the plot and the house.
When making a transaction documents should be thoroughly checked, it would be advisable to contact a lawyer. However, we should not forget that even professionals cannot give a 100% guarantee of the legal purity of the transaction, so it would be a good idea for the buyer to contact an insurance company.
The most reliable way to transfer funds is to place money in a safe deposit box: firstly, there are witnesses when transferring money, secondly, the bank ensures secure storage of funds, and thirdly, the bank provides additional opportunities for recalculation and verification of the authenticity of banknotes. The transfer acceptance certificate is signed only after settlements are completed.
The final stage will be the registration of the contract and the transfer of rights to the property.
Concluding a house purchase and sale agreement is the standard and easiest way to acquire or alienate real estate. Such an agreement assumes that the seller assumes the obligation to transfer property rights to a residential building to the buyer for compensation. The buyer, in turn, undertakes to take ownership of this house by paying the seller the agreed amount of money within the established time frame.
The relations arising from such an agreement are regulated by the provisions of §7 Chapter 30 of the Civil Code of the Russian Federation.
The object of the agreement is a residential building, which is recognized as an individually defined building, consisting of living rooms and auxiliary premises serving to satisfy the household and other needs of the residents of such a building.
The seller is usually the owner of the residential building. In this case, both the seller and the buyer can act as any legal entity, such as a legal entity, an individual, an individual entrepreneur, a public association, etc.
However, when concluding contracts for the sale and purchase of a residential building with the participation of certain legal entities, there are also some peculiarities. The point is that residential building purchase and sale agreement differs from other contracts for the sale of real estate in that the intended purpose of the house (residence of citizens) cannot be changed at the discretion of the parties, regardless of from whose property the house is transferred.
The contract for the purchase and sale of a residential building is considered concluded from the moment it is signed by the parties. But property rights to a residential building are transferred to the buyer only after the state registration of a house purchase and sale agreement in Rosreestr.
The purchase and sale agreement for a house can be concluded in the presence of a notary or without it. In the first case, the notary will provide you with a ready-made house sale and purchase agreement form, but will also charge you a state fee, the amount of which will depend on the amount specified in the contract. In this case, the agreement will still have to be registered with Rosreestr. Therefore, it is easier to find a suitable contract form yourself.
Basic provisions of the house purchase and sale agreement
The contract for the purchase and sale of a house must necessarily contain data to accurately establish which house is to be transferred to the buyer. Including information about the exact location of the house, characteristics of the land, etc. Thus, the contract must include the address of the residential building and its area (both residential and general). All this information can be taken from the cadastral passport.
The contract must indicate all title documents on the basis of which the seller has property rights to the house. It is also necessary to indicate the relevant documents for the land plot.
It must also be indicated that at the time of the purchase and sale transaction the residential building is not alienated, not mortgaged, is not the subject of a legal dispute and is not under judicial arrest (or prohibition).
In addition, the seller is obliged to guarantee the buyer that the house at the time of signing the contract is not leased or commercially leased, is not transferred to trust management, does not appear as a contribution to fixed capital and is not the subject of property claims of third parties.
And of course, the purchase and sale agreement for a residential building must necessarily indicate the details of documents identifying the seller and buyer.
The contract must indicate within what time frame, on what grounds and in what order the parties can terminate the contract.
It is worth noting that the above provisions are also mandatory when drawing up documents such as preliminary contract for the purchase and sale of a house And house share purchase and sale agreement .
Sample purchase and sale agreement for a residential building or cottage
The house purchase and sale agreement, download a sample house purchase and sale agreement of which is presented on our website, is drawn up taking into account all mandatory requirements. You can use this version of the form both if you need to sell a house, and if you need to properly process its purchase.
What is important to consider when drawing up a contract for the sale and purchase of a residential building
The parties should agree and be sure to reflect in the contract the terms of physical and legal vacation of the house. Legal release here means the deregistration of all persons registered in the house at the time of signing the contract. In the same case, if the agreement of the parties provides for the preservation of the right to use the house for certain persons after the transfer of ownership, this should also be reflected in the text of the agreement.
The contract should also reflect the risks that the buyer and seller may bear when concluding a transaction. For example, depending on the specific timing of the physical release of the premises, liability for accidental damage or destruction of the property and the property located in it should be assigned to either the seller or the buyer.
It would not be amiss to note in the contract that the parties, when concluding a transaction, act voluntarily, are aware of the significance and consequences of the actions they take, are not limited in their legal capacity and are not under guardianship or trusteeship.
It should be remembered that the act of acceptance and transfer of real estate is an integral part of the purchase and sale agreement. Without drawing up such an act, the transaction may be considered not concluded. The act of acceptance and transfer of the house is drawn up by the parties in any form.
Price of a residential building under contract
In accordance with Article 555 of the Civil Code of the Russian Federation, if the price is not specified in the purchase and sale agreement for a residential building, such an agreement is considered not concluded. At the same time, in relation to transactions for the purchase and sale of residential property, the provision of Article 424 of the Civil Code of the Russian Federation does not apply, stating that if the price is not precisely defined in the contract, the contract is executed based on the cost of a similar product. As in the case of other real estate objects, when under the contract for the sale and purchase of a house it is not possible to accurately and unambiguously determine the value of the transaction, the contract is considered not concluded.