What conditions are essential in a real estate purchase and sale agreement? Terms of the apartment purchase and sale agreement Standard real estate purchase and sale agreement

Citizens of the Russian Federation, private entrepreneurs, and legal entities often have to deal with the sale/purchase of real estate. Such operations are always associated with the risk of being deceived if the execution of a real estate purchase and sale agreement is carried out incorrectly from the legal side. Not every citizen, company, or organization can employ a professional legal adviser. Therefore, for many people, a contract designer can become an assistant in concluding such a transaction.

General provisions of the real estate purchase and sale agreement

The ProstoDOCS designer provides the most legally competent drafting of a document, according to the points of the transaction necessary for each party. In the template provided, all the positions required by participants are filled in. The result is a specific real estate purchase and sale agreement, sample which you can save on your computer. In the future, if necessary, it can be easily adjusted. It will also be available in your personal account.

The preamble of the document defines the status of the parties to the transaction. When filling out this section, it is important to correctly indicate the names of the parties and identify the buyer and seller. It is also necessary to verify the powers of the authorized person carrying out the sale and their validity at the time of the transaction. To do this, you need to obtain from the representative a certified copy of his power of attorney. Check with the representative of the legal entity whether there are any restrictions on signing such documents.

Subject of the real estate purchase and sale agreement: apartment, house, land, premises

Considering that real estate is an expensive transaction item, the contract specifies the most complete data on the subject of sale and purchase. They make it possible to most fully establish the property transferred to the buyer in accordance with Article 554 of the Civil Code of the Russian Federation. The absence of necessary data, such as the full address of the location of the property, its purpose and others, is considered by law to be a document not agreed upon by the parties to the transaction. And the real estate purchase agreement itself is considered not concluded.

The seller’s ownership of the transaction object must be confirmed by an appropriate document, the details of which are indicated in real estate purchase and sale agreement form. At the same time, the party carrying out the sale of real estate must guarantee to the buyer that the subject of the transaction is not encumbered by the rights of third parties, that it is not arrested or is under collateral. For proper document execution it is better download a sample real estate purchase and sale agreement, draw up a preliminary version in accordance with the necessary requirements of the parties to the transaction.

Features of drawing up a real estate purchase and sale agreement

The preparation of such documents requires special attention. Conclusion real estate purchase and sale agreements made only in writing and signed by both parties. It is essential to indicate the cost of the item of sale/purchase. It is necessary to indicate the real value of the property. If it is underestimated, the seller risks receiving less money. In case of termination of the transaction, the buyer may not return them in full.

When drawing up a real estate purchase and sale agreement, sample 2016 can be downloaded on our designer, it is necessary to take into account changes in legislation. Amendments made to Federal Law No. 122 dated July 3, 2016 abolish the State Registration Certificate. Previously issued such documents have legal force, but their duplicates will not be issued. In exchange, an extract from the Unified State Register, from January 2017 Unified State Register, with the registrar's seal is provided.

You can go to the following options for the purchase and sale agreement - samples of completion are presented by the designer and are already filled out in accordance with the type of the selected agreement.

The seller, on the basis of a purchase and sale agreement of his own real estate (a plot of land, a private house, an apartment, other real estate), transfers it into ownership to the buyer, who in turn purchases this real estate at an agreed price with the seller. Parties to the transaction may be individuals/legal entities, including entrepreneurs.

An important condition of the contractual agreement is the established value of property assets. The contract must include information about the location and features of the property. The cost of the purchase/sale transaction itself also matters.

According to the Russian Civil Code (), such a contractual agreement must include the cost of the real estate being sold. If the price for the property is not indicated, the contract may be declared invalid.

Important! The transfer of ownership of real estate to the buyer must be registered in the state register.

Today there are several dozen forms of contractual agreements for the purchase/sale of property assets, each of which has its own design features. The use of a specific sample document depends on the parties participating in the transaction, the object of the agreement, and the form of payment.

For example, there are the following contract templates valid in 2017 for concluding transactions for the purchase/sale of real estate:

In this article

The concept of a contractual agreement for the sale of real estate

The seller, in accordance with the contractual agreement for the sale of real estate, undertakes to transfer to the buyer the ownership of a non-residential building, apartment, residential building, plot of land, and other real estate (). The buyer, in turn, undertakes to accept the property sold to him by paying for it the price agreed upon by the parties (Civil Code, articles No. 549/p1, No. 454/p1).

From the legal side, a contract for the sale of property can be:

• consensual (rights and obligations arise from the moment the parties to the transaction reach an agreement; then the transfer of property and other transactions with it are carried out for the purpose of their implementation);
• compensated;
• bilateral agreement (gives rise to obligations of both parties to the transaction);
• synallagmatic (mutually binding, that is, each of the reciprocal obligations of the parties is considered a condition for the second).

Subject of the contractual agreement for the sale of real estate

Subject of the agreement

According to the Civil Code (), the subject of a contractual agreement for the purchase/sale of real estate is considered to be any real estate object that has negotiability properties (Civil Code, Article No. 129), defined by the Civil Code (Article No. 130/p1):

• plots of land, subsoil, everything that is firmly connected to the land (these are real estate items, the movement of which is impossible without immeasurable damage, as well as buildings, unfinished objects);
• items subject to state registration: ships, aircraft, space objects, inland navigation vessels.

According to Russian legislation, other property may be classified as real estate.

Subjects of the contractual agreement for the sale of real estate

• individuals/legal entities;
• other subjects of civil rights in certain cases (RF, constituent entities of Russia, municipal authorities).

In many situations, the seller of real estate is the owner. Exceptionally, sellers may be state, municipal organizations, or state-owned enterprises.

The current legislation does not provide for general restrictions on possible buyers of real estate; only special rules can be created in relation to them.

Sample of a real estate purchase and sale agreement:

• The contractual agreement for the sale of real estate is drawn up in writing. The document is signed by both parties to the transaction, after which it is considered concluded. If the established sample contractual purchase/sale agreement is incorrectly drawn up, it is considered invalid according to the Civil Code ().

Important! The transfer of ownership of real estate from the seller to the buyer is subject to state registration (Civil Code, Article No. 551/p1).

Accordingly, the buyer’s property rights arise on the basis of the following legal documents:

In the case of the sale of residential premises, the legal structure additionally includes the registration of the contract for the sale of property, which comes into force precisely from the moment of this registration (Civil Code, Article No. 558/p.2).

Important! According to the provisions of Federal Law F3 No. 302 of December 30, 2012, the rule of state registration of transactions made with real estate () does not apply to contractual agreements signed after 03/01/2013.

Contents of the contractual agreement for the sale of real estate

Essential terms of the sale transaction:

• about the subject of sale;
• about the value of the property being sold.

According to current legislation, a contractual agreement for the sale of a real estate property must indicate characteristics that make it possible to specifically identify property assets transferred into the possession of the buyer in accordance with a standard contract, as well as information about the location of the property (whether it is part of other real estate or located on a specific plot of land) .

An agreement for the sale of real estate, unlike a similar agreement for movable property, must have a written agreement on the value of the property by both parties to the transaction. In the absence of these conditions (Civil Code Article No. 555/1), the contract for the purchase and sale of real estate between legal entities is recognized as not concluded. Real estate appraisals should be carried out exclusively by specialists.

According to the rules for agreeing between the participants in a purchase/sale transaction of the price of real estate (Civil Code, Article No. 555/2), which is located on a separate plot of land, the total price also includes the price of this land plot or the rights to its ownership. But this rule is optional. Legislation may additionally establish other rules for the relationship between the value of a real estate property and the value of the land plot (rights to it) on which it is located.

The price of the property being sold in the contractual agreement can be set by the parties to the transaction in different ways. In such situations, when its price is determined per unit of area (another indicator of size), the total cost of real estate is established on the basis of its actual size (Civil Code, Article No. 555/3).

The main obligation that falls on the seller and the buyer is the transfer of real estate by the seller, respectively, its acceptance into possession by the buyer in accordance with the transfer act, other document (Civil Code, Article No. 556/1).

A mandatory rule defines the legal process for transferring real estate. Evasion from signing an agreement by one of the participants in a purchase/sale transaction on the stipulated contractual terms is recognized as a refusal by the seller to fulfill the obligation to transfer the real estate and, accordingly, by the buyer to accept it.

The signing by the participants of the transfer act (other document), along with the actual transfer of real estate, is considered a mandatory condition, which makes it possible to talk about fulfilling the obligation to accept/transfer real estate.

In situations that are provided for by a contractual agreement, current Russian legislation, the obligation to transfer real estate is considered fulfilled upon the occurrence of legal facts (Civil Code, Article No. 556/1). For example, parties to a transaction have the right to include in the agreement a condition under which the seller’s obligation to transfer the property will be considered fulfilled provided that he:

• sign the transfer acceptance certificate;
• will actually transfer the property;
• will pay for state registration of the transfer of ownership of property assets to the buyer.

When transferring complex engineering structures, participants in a purchase/sale transaction can stipulate the following: an indispensable condition for the proper fulfillment of the obligation to transfer a real estate object is the implementation of verification and control procedures to determine the quality of the condition of the real estate object itself, as well as communication and information networks connected to it, with the involvement specialists at the expense of the seller.

According to current legislation, payment for purchased real estate can be made on credit, in installments, or by advance payment. When selling a property on credit, according to the Civil Code (Article No. 488/5), it is considered the seller’s collateral in order to legally secure the buyer’s payment obligations.

According to the law of mortgage (), a mortgage originating on the basis of the Civil Code (Article No. 488/5) is registered simultaneously with the state registration of the ownership rights of the person whose rights are encumbered by the mortgage (there is no need to write a separate application).

Important! A contractual agreement between individuals for the purchase/sale of real estate can be terminated both before and after state registration of the transfer of ownership, but only if it is not fulfilled in full by the parties to the transaction.

AGREEMENT
purchase and sale of real estate

date and place of signing

___(full name of organization) ___, hereinafter referred to as the “Seller”, represented by ___ (position, full name) ___, acting on the basis of _________________, on the one hand, and ___ (Charter, power of attorney) (full name of the organization) ___, hereinafter referred to as "Buyer", represented by ___ (position, full name) ___, acting__ on the basis of ___ (Charter, power of attorney) ___, on the other hand, collectively referred to as the “Parties”, have entered into this agreement as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with the terms of this agreement, the Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to accept and pay for real estate with a total area of ​​___ square meters in accordance with the terms of this agreement. m in the following composition:
— ___________________________;
— ___________________________.

The specified real estate is located at: ____.

(The real estate is located on a land plot measuring ___ hectares, which belongs to the Seller by right ______________ on the basis of __________ (specify document) N ___ dated "___"_______ ___, issued by __________. Cadastral number ___________)<1>.

———————————

<1>If the subject of purchase and sale is not a land plot.

1.2. The real estate belongs to the Seller on the right of ownership, which is confirmed by the agreement ___________________ dated “___”_______ ___, concluded between _____________ and _________________, transfer of ownership of the real estate

registered __________ "___"_______ ___

(name of government agency)

in the Unified State Register for N _________________.

1.3. The Seller guarantees that at the time of concluding this agreement, the real estate specified in paragraphs 1.1 - 1.2 has not been sold, not mortgaged, in dispute, under arrest or prohibition and is free from any rights of third parties.

1.4. Along with the real estate, the following documents are transferred: __________________ (technical passport of the object, etc.; BTI certificate; land plot plan, etc.).

2. PRICE AND PAYMENT PROCEDURE

2.1. The price of the Premises purchased by the Buyer, specified in clause 1.1 of this agreement, is _______ (_____________) rubles. The specified price established by agreement of the Parties under this agreement is final and cannot be changed.

2.2. The Buyer bears all costs associated with state registration of the transfer of ownership of the Premises to him, in accordance with the current legislation of the Russian Federation<2>.
———————————

<2>The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration (Article 551 of the Civil Code of the Russian Federation).

2.3. The amount specified in clause 2.1 is subject to transfer to the Seller’s bank account within _____ (__________) banking days after signing this agreement.

3. DURATION OF THE AGREEMENT

3.1. This agreement comes into force from the moment it is signed by the Parties and is valid until they fully fulfill their obligations under it.

4. TRANSFER OF PROPERTY

4.1. The Seller is obliged, within ____ days from the moment of signing this agreement, to transfer to the Buyer the Premises specified in clause 1.1 of this agreement according to the acceptance certificate (attached), signed by authorized representatives of the Parties and certified by the seals of the Seller and the Buyer.

4.2. The act indicates the condition of the property and its suitability for its intended use.
Object characteristics:

5. ARISE OF OWNERSHIP

5.1. The ownership of the Premises, which is the subject of this agreement and specified in clause 1.1, arises from the moment of state registration of the transfer of ownership from the Seller to the Buyer in the Unified State Register of Rights and the Buyer’s fulfillment of its obligations to transfer funds for the purchased Premises.

5.2. The risk of accidental loss or damage to property before the moment specified in clause 5.1 of this agreement lies with the Seller.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The seller is obliged:

6.1.1. Transfer to the Buyer into his ownership, without any withdrawals, the real estate that is the subject of this agreement and specified in clause 1.1 of this agreement, together with all documents related to it.

6.1.2. Ensure the presence of your authorized representative to sign the acceptance certificate, as well as provide the Buyer with all the necessary documents for state registration of the transfer of ownership of real estate and registration of land use rights.

6.1.3. Bear all costs associated with state registration, including unforeseen expenses.

6.1.4. Provide all necessary documents for concluding this agreement and bear full responsibility for their accuracy. Provide all necessary documents for state registration of the Buyer's ownership of the property in the Unified State Register of Rights.

6.2. The buyer is obliged:

6.2.1. Pay for the purchased property in full (clause 2.1 of this agreement) by cashless transfer to the Seller’s bank account within ____ (_____) banking days from the date of conclusion of this agreement.

6.2.2. Accept the property on the terms provided for in this agreement.

6.2.3. Provide all necessary documents for state registration of the transfer of ownership.

7. RESPONSIBILITY OF THE PARTIES

7.1. For failure to fulfill or improper fulfillment of their obligations under this Agreement, the Parties are liable in accordance with the norms of the current legislation of the Russian Federation and compensate for losses caused to the other party in the amount of direct actual damage.

7.2. In everything that is not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation.

8. DISPUTE RESOLUTION

8.1. Disputes arising from this agreement are subject to consideration in arbitration court in the manner prescribed by the current legislation of the Russian Federation.

9. OTHER CONDITIONS

9.1. Changes to the terms of this agreement, its termination and termination are possible only with the written agreement of the Parties.

9.2. All additions and changes to this agreement must be drawn up in writing and signed by both Parties (registered in the manner prescribed by law if the agreement is subject to state registration).

9.3. This agreement is drawn up in _______ copies, one for each of the Parties (as well as for the registering authority if the agreement is subject to state registration), and all copies have equal legal force.

As a civil contract for the sale of real estate provides, the seller undertakes to transfer ownership of a plot of land, building, apartment, structure or other real estate to the buyer. The purchase and sale is the most common real estate transaction. General provisions relating to the sale of real estate are regulated by § 7 of Chapter 30 of the Civil Code of the Russian Federation.

Agreement for the sale and purchase of real estate (premises) in the city of _________________________ _________________________ _________________________, represented by _________________________, acting on the basis of _________________________, hereinafter referred to as the “Seller”, on the one hand, and _________________________, represented by _________________________, acting on the basis of _________________________, referred to as hereinafter, the “Buyer”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows: 1. Subject of the agreement 1.1. Under this agreement, the Seller undertakes to transfer ownership to the Buyer, and the Buyer undertakes to accept and pay for residential premises - _________________________, located at the address: _________________________, cadastral number _________________________ (hereinafter referred to as the real estate property). 1.2. The real estate property transferred under this agreement is located on the _________________________ floor of a _________________________-storey building, consists of _________________________ rooms, and has a total area of ​​_________________________ sq. m. m, including residential - _________________________ sq. m. 1.3. The real estate object alienated under this agreement belongs to the Seller by right of ownership on the basis of _________________________ dated _________________________ No. _________________________, which is confirmed by an extract from the Unified State Register of Real Estate No. _________________________, issued by _________________________. 1.4. The Seller informs the Buyer, and the Buyer takes note, that at the time of concluding this agreement, the persons provided for in Art. 558 of the Civil Code of the Russian Federation, preserving the right to use and reside in the specified residential premises, is not available. 2. Obligations of the parties 2.1. The seller undertakes: 2.1.1. Transfer ownership of the real estate property to the Buyer under the transfer and acceptance certificate in the manner and within the time limits established by this agreement. 2.1.2. Complete all necessary actions for state registration of the transfer of ownership of the real estate property. 2.1.3. Carry out all necessary actions and bear all costs associated with preparing the real estate property for sale. 2.1.4. Accept payment made by the Buyer. 2.2. The Buyer undertakes: 2.2.1. Pay the cost of the real estate property in the amount and manner established by this agreement. 2.2.2. Accept the real estate property on the terms provided for in this agreement. 3. Contract price and payment procedure 3.1. The specified real estate property is assessed by the Parties and sold for _________________________ rubles. The contract price is final and cannot be changed in the future. 3.2. On the day of signing this agreement, the Buyer pays the Seller an advance in the amount of _________________________% of the value of the real estate property. The final payment is made no later than _________________________ from the date of conclusion of this agreement. 3.3. Settlement between the Parties is carried out by non-cash transfer of funds to the Seller’s bank account specified in this agreement. Confirmation of payment will be the provision of a bank statement confirming the transfer of funds from the Buyer's account to the Seller's account. 4. Transfer of real estate and transfer of ownership to the buyer 4.1. The Seller undertakes to transfer to the Buyer, and the Buyer undertakes to accept from the Seller the real estate object sold under this agreement on the basis of a transfer deed, which is drawn up by the Parties simultaneously with the signing of this agreement in simple written form. 4.2. The buyer is satisfied with the quality condition of the acquired real estate; he inspected it before signing this agreement; he did not find any defects or deficiencies that were not reported. 4.3. The ownership of the real estate object passes to the Buyer from the moment of state registration of the transfer of ownership. 4.4. The risk of accidental destruction or damage to the real estate object alienated under this agreement before the transfer of ownership to the Buyer lies with the Seller. 4.5. From the moment the real estate object is transferred to the Buyer and until full payment is made, the real estate object is recognized as being pledged to the Seller to ensure the Buyer fulfills his obligation to pay. 4.6. All costs associated with registering the transfer of ownership are borne by the Buyer. 5. Guarantees of the solvency of the transaction 5.1. The seller guarantees that before the conclusion of this agreement, the real estate object has not been sold to anyone, is not the subject of a pledge, is not in dispute, is not under arrest or prohibition. 6. Responsibility of the parties 6.1. For failure to fulfill or improper fulfillment of obligations under this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation. 6.2. In case of violation of the deadline established by this agreement for the transfer of real estate, the Seller shall pay the Buyer a penalty in the amount of _________________________% of the cost of the share for each day of delay. 6.3. A Party that unreasonably evades state registration of the transfer of ownership must compensate the other Party for losses caused by the delay in registration. 6.4. In the event of termination of this agreement or its recognition as invalid, as well as in the event of refusal of state registration of the transfer of ownership, the Parties are obliged to return to each other everything they received under the transaction. 6.5. If the termination of the agreement or its recognition as invalid, refusal of state registration of the transfer of ownership occurred as a result of the actions or inaction of one of the Parties, then the guilty Party must compensate the other Party for the losses caused, as well as all costs associated with the preparation, execution of this agreement and registration of the transfer of ownership, unless otherwise provided by current legislation. 7. Dispute resolution procedure 7.1. Disputes and disagreements that may arise during the execution of this agreement will, if possible, be resolved through negotiations between the Parties. 7.2. If the Parties do not reach an agreement, disputes will be resolved in court in accordance with the current legislation of the Russian Federation. 8. Final provisions 8.1. This agreement is drawn up in three copies, one of which is kept in the files of the rights registration authority, and the rest are issued to the Seller and the Buyer. 8.2. The Agreement comes into force from the moment it is signed and is valid until the Parties fully fulfill their obligations under this Agreement. 8.3. All changes and additions to this agreement are formalized by additional agreements of the Parties in writing, which are an integral part of this agreement. 8.4. In all other respects that are not provided for in this agreement, the Parties are guided by the current legislation of the Russian Federation. 9. Details and signatures of the parties Seller _________________________ _________________________ M.P. Buyer _________________________ _________________________ M.P.