Contract for the sale of real estate
Since February 24, 2022, a lot of nuances, changes, restrictions have appeared that have significantly affected the general procedure for buying and selling property. Our experts have collected information about the features of buying and selling real estate and are ready to share their cases!
Under a contract of sale, one party (seller) transfers or undertakes to transfer property (goods) to the ownership of the other party (buyer), and the buyer accepts or undertakes to accept property (goods) and pay a certain amount of money for it.
Only its owner has the right to decide on the alienation of property (determine its legal fate), since under the contract of sale the seller is obliged to transfer to the buyer not only the property itself, but also the right of ownership to it. Only under this condition can the buyer have a corresponding right. The seller cannot transfer to the buyer what he himself does not have the right to.
If it is necessary to draw up an individual contract for the purchase of real estate, we recommend using the legal services of the Consultant to order a turnkey document.
Features of the contract of sale of real estate
The practice of buying and selling real estate shows that in recent years, more and more often there is a conclusion of the main contract of sale on the basis of a preliminary contract. In this regard, we note the following.
A preliminary contract for the sale of a property is concluded in compliance with the requirements established by Art. 635 of the Civil Code, namely, the preliminary contract is concluded in writing and is subject to notarization.
The contract for the sale of an apartment specifies the details of the parties, the subject of the contract, the price of the contract, the rights and obligations of the parties, and other essential conditions. The contract for the sale of an apartment is sealed by the signatures of the parties, certified by a notary and subject to state registration, which is carried out simultaneously with the notarial act.
The strict requirements of the current legislation to comply with the form of the contract are explained by the importance of the apartment as an object of private property rights.
The contract of sale is quite complex, and may contain a lot of underwater rules. That is why in matters of acquiring real estate it is highly recommended to contact a lawyer for the correct support of the transaction.
Real estate purchase agreement: what to look for?
If the seller owns part of the apartment on the basis of common ownership, it is necessary to provide proof of the refusal of the co-owners from the pre-emptive right to purchase this share.
Sometimes apartments are sold by the heirs of the deceased, without having the appropriate authority. It must be remembered that a will or close relationship is not proof that the seller is the owner of the apartment of the deceased citizen. He becomes such an owner only six months after the opening of the inheritance (after the death of the heir), having received a certificate of the right to inheritance at the notary's office and registering it in the State Register of Rights.
In practice, despite the difficulties, transactions in the real estate sector, although not massively, continue to be carried out.
So, today various mechanisms are used for this, such as: issuing a power of attorney, drawing up a will, concluding a long-term lease with the right to purchase or preliminary sales contracts, etc.
However, the lack of access to registers makes the use of all the mentioned mechanisms extremely risky, because under such circumstances, the counterparties are not able to check who owns the property right at the time of the sale, whether the person has the right to dispose of the property, whether there are real estate encumbrances, whether there are open court cases. , enforcement proceedings, etc.
Therefore, if it is necessary to analyze the contract of sale or develop an individual document, we suggest using our legal services "Consultant". Our specialists will be able to best assist in the preparation of the document, and if necessary, create a completely new one in accordance with your situation.
Real estate sale and purchase agreement template
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It has become much easier to purchase a template for a transaction for the purchase and sale of an apartment, a house! You can upload a document in a few simple steps:
Download the mobile application "Consultant";
After a short registration, you can find the required document in the "Documents" section;
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