Essential terms of the purchase and sale agreement: Key elements of the agreement. Purchase and sale agreement: main features and legal subtleties of the document Mandatory clauses of the purchase and sale agreement

What must be included in the purchase and sale agreement?

Dear site visitors!

In this article, we will consider the main provisions that must be reflected in the apartment purchase and sale agreement.

Today, most transactions in the real estate market are formalized in the form of a Purchase and Sale Agreement (PSA) drawn up in simple written form (PPF). A simple written form of agreement is not certified by a notary. The law does not provide clear guidelines for drawing up a purchase and sale agreement. The parties who sign such an agreement can draw it up independently. However, the contents of the clauses in the apartment purchase and sale agreement are so important and the details of a specific transaction can be quite complex. Therefore, I strongly recommend drawing up a purchase and sale agreement with the participation of a competent specialist from your personal realtor.

In some cases, the law requires a notarized DCT. Such an agreement is signed in the presence of a notary. The notary enters such an agreement into his register and certifies it with his signature and seal. In fact, the notary acts as a third party as a state witness and bears responsibility within the framework provided by law. The law requires notarization annuity agreements, purchase and sale agreements involving persons over 70 years of age, foreigners, the blind, the deaf and dumb and a number of other cases. The notary checks the legal capacity of the persons participating in the transaction only visually. To document a person's legal capacity, a medical examination is required with an official document from medical worker indicating the date and time of the survey.

Any contract has mandatory and additional conditions, which are separated into separate clauses. TO mandatory conditions PrEPs include:

- Parties to the agreement and their signatures.

Each participant is uniquely identified by indicating all the data from his passport. If the participant acts under a power of attorney, then all details of the power of attorney and passport data specified in them must be indicated.

If a party to the agreement is a minor child, it is necessary to indicate the details of the child’s birth certificate, as well as the above data of the child’s legal representative (mother, father, guardian, or trustee).

If a party to the contract is a child who is over 14 years old, then he signs the contract himself, with the consent of his legal representative (mother or father) and their details must also be indicated in the contract, and they must also sign.

- Number of copies of contracts.

The number of copies of contracts must correspond to the number of parties participating in the contract, plus one copy remains with the registration authority.

If a person acts on behalf of the Seller under a power of attorney, the following must be indicated: acting under a power of attorney and then his full name.

If a legal representative acts on behalf of a child, you must write: acting for his minor son or daughter, and then the full name of the parent. If a parent acts for himself and a child, respectively, it is necessary to write: acting for himself and for his minor son or daughter, and then the full name of the parent.

-Be sure to indicate the date and place of signing the purchase and sale agreement.

It is best to sign a purchase and sale agreement on the day of settlement between the parties, or more precisely on the day of depositing the amount of money in a safe deposit box at the bank.

- Object of the purchase and sale agreement

The object (apartment, share, room, land or house) must be clearly identified in the contract.

What does it mean? You must specify the correct site address. Must be registered technical specifications object (total area, living space, etc.)

- Grounds for ownership of the object

The contract must specify on the basis of which title and right supporting documents the Seller is the owner of the object. The title document can be: An agreement for the transfer of ownership of an apartment, a purchase and sale agreement, an agreement for exchange, donation, rent, lifelong maintenance with dependents, a court decision, a certificate of the right to inheritance by law or will, for a land plot there may be an Administration Resolution, on residential building Acceptance committee report on putting the house into operation, etc., etc.

It is important to pay attention to the owner's name. There may be options when the owner acquired property, then got married or divorced, changed his last name and, as a result, the last name indicated in the passport differs from the last name indicated in the title documents. In such cases, it is necessary to request from the owner documents confirming the change of surname. (Marriage certificate, divorce certificate, certificate of change of surname, etc.)

- Contract price

A mandatory condition of the contract is to indicate the price of the object. The price is set by agreement of the parties.

- Payment procedure

The settlement procedure is the conditions and moment of transfer of money between the parties.

Cash for the property can be transferred before signing the purchase and sale agreement, during signing and after signing. It is very important that the interests of all parties are respected at the time of settlement.

So: if the money is transferred before signing the contract, the Seller may delay the procedure for signing the contract.

The most convenient way and widely used in the real estate business is to transfer money through a safe deposit box in a bank. In this case, the purchase and sale agreement usually states that settlement between the parties will be made after state registration agreement. Thus, the seller is confident that the money for the object being sold is in the cell and as soon as the contract is registered, he will be able to receive it, regardless of the buyer. The Buyer is confident that the Seller will be able to receive money only when the ownership of the Buyer is registered.

At the same time, the apartments specified in the Sale and Purchase Agreement conditions (more about this below) determine not only the main, but also additional legal consequences transactions, specifying exactly how the contract should be executed. Let's consider what such an agreement is and what conditions must be present in it.

Apartment purchase and sale agreement (APA) is considered concluded from the moment of its signing. This means that after signing the contract, the Seller and the Buyer have DUTY to fulfill the terms of the contract.

Prisoner PrEP is the basis for the apartment. Myself PrEP since March 2013 it is not subject to registration, although it is still transferred as part of a package of documents to Rosreestr For registration of transfer of rights based on this agreement.

After registration per copy PrEP issued to the Seller and the Buyer. Each copy must have notes on registration of transfer of rights on the basis of the agreement - a round official seal, and a rectangular stamp of the registrar ( with the date of registration, signature and surname of the registrar).

Is it true, To the notary for preparation and certification Apartment DCP You must pay a state fee, the amount of which depends on the price of the apartment specified in the contract.

If PrEP contains several sheets, then all of them must be stitched, fastened together, and certified by the signatures of the parties.

Apartment purchase and sale agreement drawn up and signed in at least 3 copies: one copy for each party to the agreement, and one copy for the registrar ( UFRS).

Actual fulfillment of the terms of the contract ( fulfillment of obligations) is then recorded by signing.

"SECRETS OF A REALTOR":

A detailed algorithm of actions when buying and selling an apartment is presented in the interactive map "Opens in a pop-up window."> STEP-BY-STEP INSTRUCTIONS » (will open in a pop-up window).

Documents accompanying the conclusion and execution of supply, purchase and sale, and barter contracts may vary depending on the terms of a particular contract. According to the Civil Code of the Russian Federation, a purchase and sale agreement, as well as supply and exchange agreements, are considered concluded if a condition on the subject matter is agreed upon. Paragraph 1 of Article 454 of the Civil Code of the Russian Federation defines a purchase and sale agreement: under a purchase and sale agreement, one party (seller) undertakes to transfer the thing (goods) into the ownership of the other party (buyer), and the buyer undertakes to accept this product and pay a certain amount of money for it amount (price).
A supply agreement is considered by the Civil Code of the Russian Federation as a type of purchase and sale agreement, which has its own characteristics: under a supply agreement, the supplier - seller engaged in business activities undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in business activities or for other purposes, not related to personal, family, home and other similar use (Article 506 of the Civil Code of the Russian Federation).
Under an exchange agreement, each party undertakes to transfer one product into the ownership of the other party in exchange for another (Article 567). In this case, each of the parties is recognized as the seller of the goods, which it undertakes to transfer, and the buyer of the goods, which it undertakes to accept in exchange. The rules on purchase and sale are applied to contracts of exchange and delivery accordingly, if this does not contradict the essence of these contracts and legal norms.
In accordance with clause 3 of Article 455 of the Civil Code of the Russian Federation, the terms of the purchase and sale agreement regarding the goods are considered agreed upon if the agreement allows the name and quantity of the goods to be determined. The name and quantity of the product can be agreed upon directly in the contract, or it can be regulated by detailed additional agreements to it. The nomenclature (assortment), quantity and quality of products, delivery time and price must be determined, and in a long-term agreement on direct long-term and long-term economic relations - the name, group nomenclature (assortment) and quantity of products, the procedure and timing for the approval and submission of specifications. All these conditions may also be contained in appendices to the agreement. These include the schedule, specifications, etc. The schedule can be called differently - schedule, specification, etc., and can be combined with a task and include information on it. It is recommended to stipulate in the contract that the calendar plan is an integral part of it. Specifications are called technical specifications, commercial specifications, etc. You can also include additional requirements (on materials used, progress of work, etc.).
Product quality is determined using established standards or by specifying the required characteristics of the product in the contract. The quality of the product is verified by certification (see Law Russian Federation dated June 10, 1993 N 5151-1 “On certification of products and services”). Each batch of goods is accompanied by a copy of the quality certificate. If it is issued for a batch of goods, a license is also issued to use the mark of conformity, which can be placed on each product. The numbers and indices of standards, technical specifications, and other documentation are indicated in the contract. Warranty periods for products are established in standards and technical conditions. Supplied products are subject to labeling in accordance with the requirements of standards or technical specifications. The parties have the right to stipulate in the contract requirements for marking that are not established by standards or technical conditions.
Trademarks registered in the prescribed manner must be placed on the supplied products or their packaging, except for those products that, in accordance with standards or technical specifications, are not subject to marking.
When delivering and accepting goods, an invoice is used. It indicates the name of the transferred product, quantity and price. The invoice is signed by the head of the supplier company, the person who delivered the goods, and the buyer’s representative who accepts the goods, and the supplier’s and buyer’s seals are placed on it. The form of the invoice was approved by Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a “On approval of unified forms of primary accounting documentation on accounting of labor and its payment, fixed assets and intangible assets, materials, low-value and wearable items, work in capital construction."
Persons delivering and/or accepting goods must have powers of attorney from their organization. The form of power of attorney was approved by Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a.
If inconsistencies are discovered during acceptance, then instead of an invoice, acceptance certificates are drawn up in terms of quantity and quality. These acts are used to formalize the acceptance of material assets that have quantitative, qualitative discrepancies, as well as discrepancies in assortment with the data of the supplier’s accompanying documents. An act is also drawn up upon acceptance of materials received without documents. This is a legal basis for filing a claim with the supplier or sender.
To account for materials received from suppliers or from processing, a receipt order is used (its form is approved by Resolution of the State Statistics Committee of Russia dated October 30, 1997 N 71a). The receipt order in one copy is drawn up by the financially responsible person on the day the valuables arrive at the warehouse. The receipt order must be issued for the actual amount of valuables received.
Transport documents required during the execution of the contract for the delivery of goods:
by road transport, as well as by river transport:
consignment note (4 copies);
waybill with auto company stamps;
by rail:
railway waybill (1 copy);
cargo receipt (1 copy);
by air:
sender's invoice;
cargo waybill (3 copies, issued by the carrier);
by sea transport:
bill of lading (issued by the port).
Payment documents:
1) account;
2) invoice (issued by the seller or supplier, in an exchange agreement - by both parties). Each shipment of goods (performance of work, provision of services) is formalized by drawing up an invoice and registering it in the sales book and in the purchase book. The procedure for drawing up invoices is approved by Decree of the Government of the Russian Federation of July 29, 1996 N 914;
3) cash receipt order (necessary if payment is made in cash). It is used to register the receipt of cash at the organization's cash desk both during manual data processing and when processing information using computer technology. The cash receipt order is issued in one copy by an accounting employee and signed by the chief accountant or a person authorized to do so.
To register the issuance of cash from the organization's cash desk, an expense cash order is used. It is written out in one copy by an accounting employee, signed by the head of the organization and the chief accountant or a person authorized to do so, and is registered in the logbook for recording incoming and outgoing cash documents. The forms of cash orders are approved by Resolution of the State Statistics Committee of Russia dated August 18, 1998 N 88 “On approval of unified forms of primary accounting documentation for recording cash transactions and recording inventory results.”
Signed for seal by Yu. Koltsov
04/07/2000 E. Maksimova

A. Oskolkova
A. Tsypina
LLC "YUVK Audit"
"Financial newspaper. Regional issue", 2000, N 15

Sale and purchase agreement - mandatory clauses, mechanism for transferring an apartment

Reading time: 7 minutes

Today, the main document confirming the act of purchase or sale of housing is the Sale and Purchase Agreement. If the seller and buyer completely trust each other, it can be drawn up independently in simple written form, and does not have to be certified by a notary. However, if the parties wish, the transaction is executed in notarial form.

In addition, in some cases, the law provides for the mandatory signing of the Agreement in the presence of a notary, who in this case acts as a state witness. This requirement is mandatory for transactions involving foreigners, people over 70 years of age, the deaf and dumb, the blind and some other categories of the population.

Mandatory clauses of the purchase and sale agreement

Each contract consists of a mandatory part and additional conditions. Among the mandatory items of the standard document presented for registration in the Unified state register, include:

1. Passport details of the parties to the transaction and their signatures.

The contract must include all passport data of the seller (or sellers, if the object of sale is located in shared ownership) and the buyer. If the parties are represented by intermediaries acting under a power of attorney, the contract specifies the details of the power of attorney and the details of the principal.

In the case where one of the parties is a child under 14 years of age, the contract must indicate the data contained in his birth certificate, as well as in the passport of his official representative, who can be the father or mother, trustee or guardian.

If the child has already reached the age of 14, he signs the agreement independently, in the presence and with the consent of the person representing his interests. The data of the representative (father or mother) is entered into the contract, to which they also sign.

2. Real estate that is the subject of purchase and sale.

The contract contains information about the location of the object on the site, including its address, purpose of the premises, date of construction, total and living area, number of floors and other technical characteristics contained in the housing passport and a certificate from the BTI.

3. Documents of title giving the seller the basis for ownership of real estate.

Their details must be indicated in the contract. The following may serve as legal documents:

• purchase and sale agreement;
• annuity agreement;
• barter agreement;
• lifelong maintenance agreement with dependents;
• certificate of right to inheritance by will or law;
• court decision;
• administration decision when it comes to plot of land, etc.

In this case, it is necessary to ensure that the name of the seller indicated in the title documents coincides with the one listed in the passport. After all, from the moment the property was acquired, many changes could occur in the life of the owner - marriage or divorce, change of surname. To avoid problems, you must carefully read the text of the contract and, if necessary, demand from the owner to present documents explaining the reason for the change of name.

4. The price of real estate, which is set by the parties by mutual agreement.

The cost of housing is set per unit area, and its total price is calculated based on the actual footage of the property sold. The amount of money is indicated in rubles, and the amount of money deposited in the safe deposit box must coincide with that specified in the contract.

We are interested in details, do not forget about our interests

Before signing, find out what you don't understand

Buying and selling real estate is a very responsible act, therefore the drafting of an agreement must be approached extremely seriously. Signing the document is the final part of a lot of work in preparing the transaction, which was carried out by the buyer or his representative - the realtor. In addition to the mandatory clauses, its text reflects nuances that will protect the interests of the buyer and seller when concluding a real estate transaction.

If the standard contract does not suit one of the parties, do not hesitate to request changes to one or more clauses and bring them into a form that will satisfy the parties involved in the transaction.

If any provisions or terms raise questions, you must definitely find out what they mean. It is impossible or very difficult to change an already signed agreement, while making adjustments at the stage of preparing the document is quite possible.

Absence of encumbrances, legal capacity of the parties, procedure and timing of transfer of the apartment - important points

The text of the agreement may include other clauses designed to ensure a positive outcome of the transaction and the safety of the parties. The first thing that must be spelled out is a guarantee of the absence of encumbrances that could cause the deal to fail. If the apartment is mortgaged, alienated, under arrest, etc., the agreement will not be able to pass state registration.

Confirmation of the parties' legal capacity is the second important point. The contract states that the parties are not under guardianship and do not suffer from diseases that could prevent them from understanding the essence of what is happening and the content of the contract. Also, the buyer and seller must confirm that they are not under the influence of circumstances forcing them to enter into an obviously unfavorable transaction.

The contract must indicate a list of persons (if any) who, after the conclusion of the transaction, retain the right to reside in this living space. Indicate the time period during which the seller undertakes to check out and vacate the apartment from his property. The following points are the form and timing of the transfer of money. The latter raises the most questions from the parties, since it is the apotheosis and meaning of the entire transaction.

Conditions and mechanism for transferring money

The safest way is to transfer money through a safe deposit box

They must exclude the possibility of deception and be as convenient as possible for the parties. You can transfer money before the conclusion of the contract, during or after its signing.

The most widespread is the transfer of money through a safe deposit box, which has established itself as the safest and most win-win way to transfer cash.

The bank rents a safe deposit box for a certain period of time, into which an amount equivalent to the cost of housing is deposited. The seller will be able to collect the money only after presenting a document confirming that the apartment is re-registered in the name of the buyer. The presence of the buyer himself is not necessary.

In any area of ​​our lives, we are often faced with the need to conclude an agreement.

A purchase and sale agreement has many forms, as well as nuances when drawing up the main text.

But no matter what the agreement is about, it must adhere to the basic rules.

What you should pay attention to when composing text

The purchase and sale agreement in the Civil Code of the Russian Federation is an integral and fundamental part in the field of commodity-money relations.

Its purpose is to regulate relations between several participants, respecting their rights and obligations. At the same time, when drawing up a document, it is necessary to take into account all its elements and conditions.

The basic rule for drawing up an agreement is to consider all issues regarding its subject matter. The text specifies detailed conditions and possible losses and risks.

Basic requirements and procedure for drawing up an agreement

The relationship between legal and individuals are regulated by the legislation of the Russian Federation.

The contract form is standard, simple written. Except in cases requiring notarization and registration.

The agreement becomes concluded only after full agreement has been reached between the parties to the relationship regarding the issues raised and the subject matter being negotiated.

If the form of the agreement is written, then according to the terms of the law, it must be signed by the persons expressing their desire according to the text, in their own hand.

The agreement is also subject to signing by representatives of the parties, but only if there are notarized powers of attorney for this.

If the transaction is carried out at a distance, the form can be endorsed with a facsimile signature or in another way reflected in the Civil Code of the Russian Federation and not violating the rights of its participants.

How to write a document correctly: main content and concept

Before proceeding to compiling the paper, it is worthwhile to general outline understand some of its nuances and features.

The standard form contains the following points, the features of which both parties need to know.

Introduction

The name of the agreement, which will determine its type: purchase and sale agreement, supply agreement, commission agreement, and so on.

In some cases, the name is missing, then its main part should be examined in detail.

This, of course, must be done under any circumstances, although the name of the form determines the type of relationship, but the main content is contained in its text.

The date on which the form is signed is the moment from which the agreement begins to take effect, with all the rights and obligations of the parties. From a legal point of view, this is a fairly important point.

The place where the agreement is concluded is also important - it is not a mere formality, since the relations contained in the text extend to the place where it is signed.

The design of the form requires indicating the full name of the counterparties, while also indicating the abbreviated name, which will appear further in the text.

In addition, the full name and position of the persons signing the form are indicated.

Item

This paragraph contains important information. In this part, the parties specify their obligations and rights, the cost of the service or item, methods of payment and the time frame within which the agreement must be implemented.

In this case, the main conditions are related to the nature of the paper and the circumstances under which it was signed.

Additional situations

This item is not mandatory, but despite this it has great value in the implementation of duties and rights.

Additional elements refer to the responsibilities of the parties when implementing agreements, as well as the grounds for making changes.

Other terms

This section may contain various points, such as details of participants in legal relations, definition of legislation governing the liability of the parties, the number of copies, etc., depending on the type of transaction and the wishes of its participants.

Today, it is very easy to draw up a form - on many sites, a sample purchase and sale agreement is presented. But if the subject of the transaction is large property, then it is better to seek help from a law office.

Features of drawing up a form for the sale of real estate

In all transactions with real estate, one of the most popular is the purchase and sale agreement. This document regulates legal relations between the parties to the transaction.

Upon careful analysis of the market, we can come to the conclusion that the main problems in the implementation real estate arise due to incorrect preparation of the form.

For a document to have legal force, it must contain the following information:

• details of the parties: the acquirer and the owner of the object;
• complete information regarding real estate;
• what share of the property is being sold or is it being sold in full, as well as whether there is an installment plan or, conversely, payment of the entire amount;
• the presence of registered people and the number living in the living space at the time of signing the contract;
• documents for the property confirming that the seller has the right to dispose of the property;
• the moment regarding the departure of the former owners from the living space and the timing;
• the cost of the object being sold;
• deadlines: how long the form is valid.

Contract for the sale and purchase of land and houses: features

The execution of an agreement on the sale of land can be drawn up either in simple written form or certified in a notary office. Both options are valid.

But in the latter case, the parties acquire an additional and reliable guarantee, since it is the notary who checks the transaction for its full legality, as well as the correctness of the paper.

The transfer of ownership rights to the house being sold and to the land plot is subject to registration with government agencies.

Upon completion, the purchaser is issued a certificate, on the basis of which he becomes the new owner of the real estate. The text of the paper states the following:

• Contents: complete information;
• details;
• terms of the agreement;
• subject of the agreement.

If home ownership is sold according to one document, then it must reflect:

1. Detailed information about the subject;
2. The price of the real estate object being sold, indicating the method of payment and currency;
3. Additional information concerning the period of transfer of all ownership rights, guarantees, payment of expenses associated with the conclusion of the transaction, the availability of paperwork for acceptance and transfer of the property being sold and other essential conditions.

In the document for the sale of real estate, the parties enter information about the land plot and information about its identification data in the text of the description of the item.

This is a form confirming the right to dispose of a property, for example, a registration certificate, land category and location, cadastral number of the plot and the total size of the area.

Data regarding a residential building alienated together with land is recorded separately.

The form displays all information about the object:

• description of the living space;
• square;
• address;
• property owner documents.

The agreement also includes the full amount that must be paid separately for each object.

A purchase and sale form is an integral part of a transaction in which one party transfers to the other party all rights to own the item on the basis of title documents. A correctly drafted agreement will avoid conflict situations in the future!