The apartment purchase and sale agreement does not have a form established by law. Notarization is not necessary, although most parties resort to this option.

The document is considered concluded only after.

Subject of the agreement

A purchase and sale transaction for an apartment is impossible without drawing up a standard agreement. Chapter 30 of the Civil Code of the Russian Federation establishes a list of information that the text of the document must contain.

Subject of the agreement real estate stands:

1. The object of the transaction can be an apartment, a private house or a country house.
2. If several apartments or houses are sold under one purchase and sale agreement, when drawing up the number of real estate objects and their characteristics are indicated in the document.
3. If the housing is not in a new building, indicate information about the building in which the apartment is located: the year of construction, the materials from which the roof is made, floors.
4. The date of the last major renovation of the building is recorded.
5. The number of floors must also be indicated.
6. Regarding the premises, the following data is indicated: total and living area, number of rooms, whether they are adjacent or separate.
7. Registered.

The subject of the purchase and sale agreement (apartment) is an essential condition, and without this clause the document will not have legal force.

Information about housing includes:

• what part of the property is being sold: a share or the entire apartment;
• whether any persons retain the right to reside in the premises after its sale;
• are there any encumbrances on the property?

The seller’s ownership of the subject of the contract must be confirmed by the relevant document - certificate. The text of the document includes its details: series, number, date of issue and name of the authority that issued the document.

The subject may be residential premises owned by an individual or organization.

An apartment or part thereof that is under arrest cannot be the subject of a transaction. If the property is a property, then upon sale it is mandatory to obtain the written consent of the mortgagee. If the pledge agreement contains a prohibition on sale, the apartment cannot be sold in principle.

An apartment in an apartment building that is recognized as unsafe, subject to demolition or dilapidated cannot be the subject of an agreement.

Parties to the transaction

They can enter into a purchase and sale agreement for an apartment individuals and organizations. The parties to the transaction are called the seller and the buyer, respectively.

Citizens are subject to certain requirements:

• capacity;
• age over 18 years;
• ownership of an apartment legally.

The following information is indicated about the parties to the transaction in the text of the standard form of an apartment purchase and sale agreement:

• Full name without abbreviations;
• exact address of residence (registration);
• series, number, date of issue of the Russian passport.

Increased attention of both the seller and the buyer should be caused capacity of the parties to the contract.

If after the sale of the apartment it turns out that the former owner did not account for his actions, the apartment can be returned to him in court, and the seller will be left with nothing.

Before drawing up an agreement, there are some nuances to consider:

1. Determination of legal capacity is not mandatory. The notary who has the contract for the purchase and sale of an apartment certified can only “by eye” understand whether the parties to the transaction are legally capable or not.
2. It is impossible to independently obtain information about the sanity of any citizen; such certificates are not issued upon request.
3. may contain some information about the limitation of the apartment owner’s legal capacity, but not always.

If doubts creep in about the seller’s capacity, you should postpone the transaction or ask the owner to provide confirmation certificate.

The buyer should be wary if the seller has signs of alcohol or drug abuse or the owner is too old.

Essential terms of the agreement

In addition to the subject of the agreement, an essential condition is also considered. This must be approached very carefully.

Many home sellers, wanting to save on taxes (personal income tax), indicate the price of the apartment does not correspond to the market price, underestimate it.

If the transaction is disputed and the court obliges the buyer to return the apartment to the seller, the buyer, in turn, can count on returning only the amount specified in the contract.

Also essential conditions include a list of persons, individuals or legal entities, who retain the right to use the premises even after its sale:

• family members of the seller who remain living in the apartment;
• and persons permanently residing with him;
• subtenant of the apartment within the term of the sublease agreement;
• citizens who have the right to lifelong use of the subject of the contract;
• the rentee, if the right to reside in the apartment is indicated;
• borrower (agreement for free use of the apartment) within the term of the transaction.

If minor children live in the apartment, is possible only after obtaining permission from the guardianship and trusteeship authority.

Grounds for termination of the transaction

The transaction cannot be terminated at the initiative of one of the parties to the real estate purchase and sale agreement.

The conditions for termination are specified in Article 450 of the Civil Code of the Russian Federation:

A court decision may satisfy the applicant’s request if the other party to the contract has committed serious violations of its terms:

• refusal to pay;
• the seller’s refusal to deregister the property;
• discovery of third party rights after the sale, and so on.

Termination of the contract after the new owner assumes his rights (one month after registration) is impossible.

It is much easier to terminate the agreement before state registration. If the parties have reached mutual agreement, a additional agreement to terminate the transaction.

After the sale has been completed, the contract may be cancelled. This procedure can only be carried out before the expiration of the contract.

A transaction is declared invalid only by a court following reasons:

• the contract violates the law;
• the incapacity of one of the parties has been identified;
• the signing of the agreement by one of the parties occurred in a state of drug or alcohol intoxication, that is, the party to the agreement was not aware of his actions;
• detection of threats, deception or violence, pressure on one of the parties;
• the transaction is recognized as imaginary or fictitious;
• other cases contrary to current legislation.

Nuances regarding the text of the document

An apartment purchase and sale agreement is a document whose form should be studied very carefully, and it is better to contact a professional lawyer to draw it up.

There are various pitfalls in the text:

In general, it's definitely worth it indicate the seller's responsibility in the text for possible claims of minor relatives of the owner, or other third parties.

Additional agreements

When conditions change of an apartment purchase and sale agreement, the parties sign additional agreements to the main document.

They can change:

That is, any condition that the parties change by mutual agreement must be reflected in an additional agreement. It has its own characteristics:

• is registered in Rosreestr along with the contract and only until the latter is executed;
• is in writing;
• signed by both parties to the transaction.

When drawing up an agreement, it is necessary to describe the apartment, the responsibilities and rights of the parties, and the methods of transferring the principal amount and deposit in as much detail as possible. This will help avoid conflict situations and further litigation.

The nuances of drawing up an agreement when selling an apartment

In the video, the lawyer explains in detail what nuances you should pay attention to when drawing up and signing an apartment purchase and sale agreement.

Advice is given on how to protect yourself when making real estate transactions and how to avoid becoming a victim of scammers.

Sample AGREEMENT

APARTMENT PURCHASE AND SALE 2018

We, gr. Russian Federation Full name (in full) called

gr. RF

acting voluntarily, being of sound mind and clear memory, have entered into this Agreement as follows::

1. Salesman sells and Buyer buys property apartment No. 11 (___________), located at: Moscow city, Dmitrovskoe highway, building 11 (__________), building 1 (One), having a total area of ​​55 (Fifty-five) m², consisting of 2 (Two) living rooms, located on the 11th (______) floor of a residential building, reference number: _____________________, hereinafter - apartment.
2. Specified apartment belongs To the seller on the right of ownership on the basis of an agreement on the transfer of ownership of residential premises in the form of compensation - compensation for living space in the demolished house No. 1 on _________ street dated 01/11/2014, which is confirmed by the Certificate of State Registration of Rights, issued on 01/11/2016 by the Federal Service Administration state registration, cadastre and cartography in Moscow, ____ No. _______, about which registration entry No. _____________ was made in the Unified State Register of Rights to Real Estate and Transactions with It on January 11, 2016.
3. The parties evaluate the specified apartment at the time of signing this Agreement in 1,000,000 (One million) rubles 00 kopecksTo.
4. Specified apartment sold at price .
Agreement on price is an essential condition of this Agreement.
5. Payment of price apartments Buyer to Seller is carried out within 1 (One) working day from the moment of state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, the transfer of the right to the specified apartment to To the buyer under this Agreement by payment Buyer to Seller amounts of 1,000,000 (One million) rubles 00 kopecks.
6. Settlements under this agreement between Parties carried out using an individual safe ______________.
7. Guided by paragraph 5 of Art. 488 Civil Code of the Russian Federation Parties came to an agreement that the right of pledge belongs to Seller to the specified apartment does not arise.
8. Full and final payment for apartment issued by receipt Seller, confirming receipt Seller funds in the amount 1 000,000 (One million) rubles 00 kopecks.
9. Salesman guarantees that prior to the conclusion of this Agreement apartment, not sold to anyone, not given as a gift, not pledged, not in dispute, not under arrest (ban), not handed over under a lease, lease, free use agreement, has no hidden defects, valid documents for apartment, and no actions or operations were committed that contradict the current legislation of Russia, which could in the future, by a court decision, lead to alienation from Buyer of an apartment, both in general and in parts, about which Salesman knew or could have known at the time of signing this Agreement.
10. Salesman confirms that at the time of signing this Agreement in apartment no one is registered as alienated under this Agreement. In accordance with paragraph 1 of Art. 558 of the Civil Code of the Russian Federation of persons retaining the right to use apartment, after purchasing it Buyer, No.
11. Salesman undertakes to transfer the specified apartment To the buyer according to the Transfer Deed, drawn up in simple written form, no later than 1 (One) calendar day from the date of state registration of the transfer of ownership of apartment To To the buyer in the Department of the Federal Service for State Registration, Cadastre and Cartography in Moscow.
12. Buyer declares that he has examined the said apartment Before signing this Agreement, I was satisfied with its quality condition and did not find any defects or shortcomings.
13. Specified apartment purchased for use as residential premises, without the right to use as non-residential premises or for industrial needs.
14. Transfer of ownership to apartment is subject to mandatory state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow.
15. Specified apartment transferred in a condition suitable for living, in the form in which it was presented To the buyer upon inspection, free from the rights and claims of third parties, equipped with sanitary, electrical and other equipment, not burdened with arrears of payment: taxes, rent, utility bills, electricity, heating.
16. Salesman undertakes to fully repay debts on utility and other payments (including electricity, heating, intercom) for the period before the date of signing the Transfer Deed, which must be confirmed by payment receipts, which, together with a copy of the keys, are subject to transfer To the buyer.
17. From the moment of state registration of the transfer of ownership rights to apartment in the Department of the Federal Service for State Registration, Cadastre and Cartography in Moscow, alienable apartment passes kgr. Russian Federation name, which assumes responsibility for paying property taxes, and also carries out operation and repairs at its own expense apartments, participates in proportion to the occupied area in the costs associated with the operation and repair, including major repairs, of the entire house and the surrounding area.
18. Upon signing this Agreement Salesman And Buyer confirm that they are not deprived of legal capacity, do not suffer from diseases that prevent them from understanding the essence of this Agreement being signed and the circumstances of its conclusion, and there are no circumstances forcing them to complete this transaction on conditions extremely unfavorable for the parties, and this Agreement is not Seller enslaving deal.
19. This Agreement cancels and invalidates all other obligations that were made by the parties in relation to the subject matter of this Agreement, orally or in writing, prior to the conclusion of this Agreement.
20. Contents of articles 17, 18, 30, 37, 38, 39 of the Housing Code of the Russian Federation, articles 131 (State registration of real estate), 160 (Written form of a transaction), 161 (Transactions made in simple written form), 162 (Consequences of failure to comply with a simple written form of a transaction), 185 (Power of Attorney), 209 (Content of property rights), 223 (Moment of emergence of property rights from the purchaser under the contract), 288 (Ownership of residential premises), 302 (reclamation of property from a bona fide purchaser), 433 (Moment of conclusion of the contract), 460 (Obligation of the seller to transfer the goods free from the rights of third parties), 549 (Contract for the sale of real estate), 551 (State registration of ownership of real estate), 556 (Transfer of real estate), 557 (Consequences of the transfer of real estate of inadequate quality) of the Civil Code of the Russian Federation, as well as articles 34 (Joint property of spouses), 35 (Ownership, use and disposal of common property) of the Family Code of the Russian Federation are known to the parties .
21. Before signing the Transfer Deed, the risk of accidental damage or accidental destruction of the above apartments carries Salesman.
22. The costs of registering the right of common shared ownership are borne by Buyer.
23. This Agreement is drawn up in 3 (Three) copies, one of which is kept in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, one copy is kept by Seller and one copy from Buyer.

SIGNATURES OF THE PARTIES:

Salesman: _

(FULL NAME.)

Buyer: ________________/_________________________________________________

(FULL NAME.)

ACT

transfer of apartment

(DEED OF TRANSFER)

Moscow city, March twentieth two thousand and sixteen.

In accordance with Article 556 of the Civil Code of the Russian Federation,

We, gr. Russian Federation Full name (in full), gender male, year of birth November 11, 1111, place of birth: Moscow, passport 11 11 11111, issued by the FMS OFFICE OF THE RUSSIA FOR THE MOUNTAINS. MOSCOW DISTRICT _____________ November 11, 1111, subdivision code 111-111, registered at the address: Moscow city, street __________, house _, apartment ____, calledhereinafter “Seller”, on the one hand, and

gr. RF Full name (in full), gender male, year of birth November 11, 1111, place of birth: Moscow, passport 11 11 11111, issued by the MOUNTAIN OFFICE OF THE FMS OF RUSSIA. MOSCOW DISTRICT _____________ 11/11/1111, subdivision code 111-111, registered at the address: Moscow city, street __________, building _, apartment ____, hereinafter referred to as “Buyer”, on the other hand, collectively hereinafter referred to as the “Parties”, have drawn up between themselves this act regarding the following:

1. The SELLER handed over and the BUYER accepted apartment No. 11 (__________), located at: _________________ house (Ninety-four), building 1 (One), having a total area of ​​55 (Fifty-five) m², consisting of 2 (Two) living rooms, located on the 11th (____) floor of a residential building, reference number: _________________, hereinafter - apartment, of proper quality, as well as keys and documents confirming the absence of debts on utility bills.

2. BUYER confirms that apartment handed over of proper quality, accepts keys and documents.

3. The SELLER confirms the absence of third party rights to the specified apartment.

SIGNATURES OF THE PARTIES:

Salesman:

(FULL NAME.)

Buyer: ________________/_________________________________________________

AGREEMENT
purchase and sale of apartments

Russia, city of Rostov-on-Don, January twentieth, two thousand and nineteen

We, the undersigned: citizen Petrov Petrovich, born November 20, 1968, passport: series 60 03, No. 150345, issued 04/10/2003. Department of Internal Affairs of the Pervomaisky district of Rostov-on-Don, division code 612-054, registered at the address: Rostov-on-Don, Krasnoarmeyskaya street, house No. 61, apt. No. 10, hereinafter referred to as the “Seller”, on the one hand, and citizen Ivan Ivanovich Ivanov, born March 15, 1978, passport: series 60 05, No. 280567, issued 07/05/2005. Department of Internal Affairs of the Kirov district of Rostov-on-Don, unit code 612-052, registered at the address: Rostov-on-Don, Gazetny lane, house No. 75, apt. No. 23, hereinafter referred to as the “Buyer”, on the other hand, have entered into this agreement as follows:

1. The Seller sold and the Buyer bought an entire residential apartment No. 15 (fifteen), letter "A", located at the address: Rostov-on-Don, Krasnoarmeyskaya Street, building No. 35 (thirty-five) and having cadastral number 61:55: 0020432:16:5/4.

2. The above-mentioned alienated apartment consists of two living rooms, a kitchen, a bathroom, a toilet and a corridor, with a total area of ​​60 (sixty) square meters. m., incl. living area of ​​36 (thirty-six) sq.m., located on the third floor of a five-story brick residential building (there is a balcony), which is confirmed by the cadastral passport of the premises, issued on 01/09/2019. Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region and a technical passport issued on January 10, 2019. Technical Inventory Bureau of Rostov-on-Don.

3. The above alienated apartment belongs to the Seller on the basis of the Apartment Sale and Purchase Agreement dated April 10, 2007, which is confirmed by the Certificate of State Registration of Rights: series 61-AN No. 123456, issued on May 12, 2007. Department of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

4. The seller guarantees that at the time of signing this agreement, the above alienated residential apartment has not been sold to anyone else, has not been donated, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties. The Seller also warrants that there is no provision by law or contract.

5. At the time of signing this agreement, there are no citizens registered in the alienated apartment as a place of residence or as a place of stay, which is confirmed by a certificate from ___(organization)___, dated January 19, 2019.

6. The Seller sold and the Buyer bought the above residential apartment for 2,300,000 (two million three hundred thousand) rubles. The indicated price of the apartment is established by agreement of the parties to this agreement, is final and, in the future, is not subject to change. The specified amount was received by the Seller before signing this agreement.

7. The transfer of the alienated residential apartment by the Seller and its acceptance by the Buyer took place before the signing of this agreement. The apartment transferred to the Buyer is in a condition suitable for living, is properly landscaped, and meets the technical and sanitary requirements established for residential premises. The buyer was given the keys to the specified apartment, as well as a cadastral passport of the premises and documents confirming payment of utilities.

8. The buyer has familiarized himself with the technical and sanitary condition of the apartment transferred to him, has no complaints about it and agrees to accept the above-mentioned apartment as ownership. The parties have established that from the moment of signing this agreement, the visible deficiencies of the above residential apartment do not constitute a basis for the subsequent application of the Civil Code of the Russian Federation.

9. The parties to this agreement have agreed that this agreement has the force of an act of acceptance and transfer of the alienated residential apartment and from the moment of signing this agreement, the Seller’s obligation to transfer the above alienated apartment to the Buyer is considered fulfilled.

10. In accordance with the Civil Code of the Russian Federation, the transfer of ownership of the above alienated residential apartment is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

11. The ownership right to the above alienated residential apartment arises from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.

12. The parties to this agreement have agreed that all costs associated with state registration of the transfer of ownership of the alienated apartment to the Buyer shall be borne by the Buyer.

13. This agreement is considered concluded from the moment it is signed by the parties to the agreement.

14. This agreement is drawn up and signed by the parties to the agreement in three copies, of which one copy is the original, and the other two copies are copies. The original contract is handed over to the Buyer, one copy is handed over to the Seller, and the second copy remains in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Rostov Region.

SIGNATURES OF THE PARTIES:

Salesman

Buyer- _ _ _ _ (signature) _ _ _ _ : _ _ (last name, first name, patronymic in full) _ _

A COMMENT
to the Apartment Purchase and Sale Agreement between individuals

Basic provisions on the conclusion
real estate purchase and sale agreements

A real estate purchase and sale agreement is a multilateral transaction, the parties to which can be both individuals (citizens) and legal entities (organizations) of various organizational and legal forms.

Under a real estate purchase and sale agreement (real estate sale agreement), the seller undertakes to transfer ownership of a land plot, building, structure, apartment or other real estate to the buyer, and the buyer undertakes to accept the real estate and pay a certain amount of money (price) for it.

The real estate purchase and sale agreement comes into force and becomes binding on the parties from the moment of its conclusion. This moment is the signing of an agreement by the parties, which reflects all the essential terms of the transaction.

For contracts of purchase and sale of real estate, the essential conditions are the subject of the contract (the alienated property), its composition and condition (quality), its location, the procedure and period for its transfer to the buyer, the price, procedure and terms of payment, and the rights of third parties on the subject of the contract, incl. and rights of residence in alienated residential premises.

In addition, any of the parties to the contract can indicate the conditions that are essential for it and in respect of which an agreement must be reached.

Note: If, before concluding the main purchase and sale agreement for a real estate property, a Preliminary purchase and sale agreement for this property was concluded between the parties, then the main purchase and sale agreement must be concluded on the terms and conditions. provided for in the Preliminary Agreement. At the same time, the parties to the contract have the right to change the terms of the preliminary contract at their discretion, having previously reached an agreement on the substance of the changes made to the contract.

Contract form
real estate sales

The contract for the sale of real estate is concluded in writing (simple or notarial) by drawing up one document signed by the parties. Failure to comply with the form of the real estate purchase and sale agreement entails its invalidity.

Until July 2016, the legislation of the Russian Federation provided for the possibility of concluding a contract for the sale and purchase of real estate in any form, both in simple written and notarial form, leaving the choice between these two forms at the discretion of the parties to the contract.

Since July 2016, the situation has changed. Currently, the legislation of the Russian Federation provides a list of conditions under which a real estate purchase and sale agreement must necessarily be concluded in notarial form.

The following transactions are subject to mandatory notarization:

1. Transactions on the alienation of shares in the right of common ownership of real estate, including the alienation by all participants in shared ownership of their shares under one transaction.

An exception to this rule are transactions related to property constituting a mutual investment fund or acquired for inclusion in a mutual investment fund, as well as transactions for the alienation of land shares.

2. Transactions related to the disposal of real estate under guardianship conditions, as well as transactions for the alienation of real estate belonging to a minor citizen or a citizen recognized as having limited legal capacity.

Note: The above rules apply to cases of paid and gratuitous alienation of real estate, i.e. both for purchase and sale transactions, and for exchange or gift transactions.

Notarization of a transaction means checking the legality of the transaction, including whether each party has the right to complete it, and is carried out by a notary or an official who has the right to perform such a notarial act, in the manner established by the law on notaries and notarial activities.

Notarization of a transaction is carried out by making a certification inscription on the real estate purchase and sale agreement. Before making a certification inscription, the notary establishes the identities of the citizens applying for a notarial act (on the basis of a passport), verifies their legal capacity and authority to complete the transaction, and verifies that the alienated real estate belongs to the seller.

The notary is obliged to read aloud to the participants in the transaction the text of the real estate purchase and sale agreement, is obliged to explain the meaning and significance of the agreement being concluded, and also check whether the content of the real estate purchase and sale agreement corresponds to the actual intentions of the parties and whether it does not contradict the requirements of current legislation.

A real estate purchase and sale agreement, subject to mandatory notarization, is signed by the parties only in the presence of a notary.

The existing rules on mandatory notarization of the above transactions do not contain requirements that the contract for the sale and purchase of real estate must be drawn up by a notary in a notary's office. The parties have the right to independently draw up a draft agreement, including in it all the conditions that they consider necessary.

In the case when the draft agreement is drawn up by a notary (notary's assistant), the parties are not obliged to unconditionally accept and sign the standard (template) text of the agreement. Until the agreement is signed and the notary’s certification is affixed, the parties have the right to make their proposals and wishes for the inclusion in the draft agreement of all those conditions that they consider necessary.

For performing a notarial act, a state fee or notarial tariff is charged, in the amounts established by the Tax Code of the Russian Federation and the Fundamentals of the Legislation of the Russian Federation on Notaries, as well as a fee for the provision of legal and technical services. Collection of duties and tariffs is carried out taking into account the specifics established by the legislation of the Russian Federation. Persons who, in accordance with the law, enjoy benefits, pay state fees and notary fees in a reduced amount, or do not pay them at all.

Transactions that are not subject to the above restrictions may still be concluded in simple written form.

A simple written form of the transaction involves drawing up a contract for the purchase and sale of real estate by the parties to the contract themselves, or by a third party specially engaged for this purpose - a lawyer, a lawyer, a real estate agency, etc. and so on. At the same time, the text of the agreement is not certified by anyone, and the authority to complete the transaction and the availability of the necessary set of documents for the alienated property are checked by the parties independently or with the involvement of an appropriate specialist.

The legality and validity of a real estate purchase and sale agreement drawn up in simple written form is verified by the body that registers the transfer of ownership of the alienated property. Currently, such a body is Rosreestr - the Federal Service for State Registration, Cadastre and Cartography.

Subject Definition

The contract for the purchase and sale of real estate must clearly indicate and describe in detail the subject of the transaction, i.e. alienated property. When drawing up a purchase and sale agreement, it is necessary to indicate all the data that allows one to definitely and unambiguously identify the real estate that is to be transferred to the buyer under the agreement, including data that determines the location of the real estate on the relevant land plot or as part of other real estate.

In the absence of this data in the purchase and sale agreement, it is considered that the parties have not agreed on the terms of the real estate that is to be transferred to the buyer, and accordingly, the purchase and sale agreement is not considered concluded.

When describing the alienated property (apartment, residential building, land plot) in the purchase and sale agreement, it is necessary to indicate the full address of the location of the object, including the name of the region (region, territory), name of the city, street (alley), house number (building, letter) and apartment number (if any), as well as indicate the cadastral or conditional number of the alienated property.

In addition, it is necessary to indicate the total and residential (if any) area of ​​the object, the number and name of existing residential and auxiliary premises, the presence of a balcony, basement, attic, the total number of floors of the object and the main material of the walls of the object, as well as the area of ​​the land plot on which it is located alienated property and its intended purpose.

If the subject of the transaction is an apartment in a multi-storey building, then in addition to indicating the total number of storeys of the building, it is also necessary to indicate the floor on which the alienated apartment is located.

The above set of installation data characterizing the alienated property is the minimum necessary and sufficient to complete a purchase and sale transaction, however, the parties to the agreement can include in the agreement a more detailed description of the alienated property, incl. include a detailed description of available utilities, utility rooms, specialized equipment, room decoration, etc.

A detailed description of the condition of the property allows the quality of the alienated property, which is to be transferred to the buyer, to be more accurately recorded in the purchase and sale agreement. Of course, a detailed description of the property increases the volume of the text of the purchase and sale agreement, the act of acceptance and transfer of the property and other related documents, but the law does not set any limit on the number of pages in the real estate purchase and sale agreement.

In addition, according to the general rule established by the Civil Code of the Russian Federation, the parties are free to enter into an agreement and determine the terms of the agreement at their own discretion, except for those conditions that are mandatory for this type of agreement (material conditions established by law). Based on this provision, the parties have the right to include in the contract a detailed description of the terms of the contract to any extent.

The description of the alienated property given in the real estate purchase and sale agreement must fully comply with the data in the cadastral passport of this property. Any discrepancy in the description of the property with the actual cadastral registration data may lead to the suspension or refusal of state registration of the transfer of ownership of this property to the buyer.

Rights to land
when selling a residential house, building, structure

Under a contract for the sale of a building, structure or other real estate, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to the land plot occupied by such real estate and necessary for its use.

In the case where the seller is the owner of the land plot on which the property being sold is located, the buyer is transferred the ownership of the land plot occupied by such real estate and necessary for its use, unless otherwise provided by law.

The sale of real estate located on a land plot that does not belong to the seller by right of ownership is permitted without the consent of the owner of this plot, unless this contradicts the conditions of use of such a plot established by law or agreement.

When selling such real estate, the buyer acquires the right to use the corresponding land plot under the same conditions as the seller of the real estate.

Price and payment procedure
in a real estate sale agreement

A contract for the purchase and sale of real estate must stipulate the price of this property. The price of the alienated property is established by agreement of the parties to the contract and, as a rule, is not subject to change in the future. Price changes after the conclusion of the contract are permitted in cases and under the conditions provided for by the contract or law. For example, in the case of the seller transferring to the buyer real estate of inadequate quality.

If the purchase and sale agreement does not contain a condition agreed upon in writing by the parties regarding the price of real estate, the agreement for its sale is considered not concluded.

When drawing up a contract for the sale and purchase of real estate, the parties to the transaction are recommended to indicate the actual price of the alienated property, i.e. exactly the amount of money that the buyer transfers to the seller as payment for the real estate he is purchasing.

Understating the real price of the alienated real estate in a purchase and sale agreement under the pretext of reducing taxation, etc., may have negative consequences for the parties to the agreement, especially for the buyer.

If any problems of a legal nature arise and the state registration of the transfer of ownership to the buyer is refused, or the concluded sale and purchase transaction is declared invalid after registration of the transfer of rights, the buyer may be faced with a situation where the money he paid will be returned to him in a reduced amount , i.e. only the amount specified in the real estate purchase and sale agreement.

The presence of an additional receipt for the buyer to transfer money in an amount greater than that specified in the purchase and sale agreement can help the buyer recover the missing amount of money from the unscrupulous seller in court, but the final decision on this issue will be made by the court. And the court’s decision, as is known, is unpredictable in advance.

Unless otherwise provided by law or a real estate purchase and sale agreement, the price of a building, structure or other real estate located on a land plot established therein includes the price of the corresponding part of the land plot or the right to it transferred with this real estate.

In order to optimize taxation and avoid double interpretation, when drawing up a purchase and sale agreement, it is recommended to highlight the price of buildings (structures) and the price of the land plot on which they are located.

The parties to the agreement have the right to establish in the real estate purchase and sale agreement any procedure, term and method of payment for the alienated real estate that is convenient for them.

In practice, payment options are often used that focus on two main legally significant events: the transfer of real estate to the buyer and state registration of the transfer of ownership of real estate to the buyer.

Most often, payment occurs in two stages: the buyer pays part of the amount of money when the property is transferred to him (or immediately after that), and the remaining part of the amount of money is paid by the buyer after state registration of the transfer of ownership. In this way, buyers insure themselves against possible hidden problems that they could not identify at the stage of preparing the transaction.

The parties to the agreement can make payments between themselves both in cash (without limiting the amount) and by bank transfer.

In the case of cash payments, the fact of payment made by the buyer is recorded with a corresponding receipt from the seller or his representative. A receipt for receipt of money from the buyer is signed by the seller (his representative) and transferred for safekeeping to the buyer.

If a transaction is concluded on behalf of the seller by a representative under a power of attorney, the buyer must ensure that the seller’s representative has the authority to receive money due to the seller as payment for the alienated real estate.

The authority to receive the specified funds must be indicated in a notarized power of attorney issued by the seller. As a rule, all the powers necessary to conclude a contract for the purchase and sale of real estate are indicated by the seller in one power of attorney.

A receipt for receipt of money can be drawn up in simple written form, regardless of whether the transaction for which the money was paid is subject to mandatory notarization.

The law does not establish any special requirements for the receipt of money in form and content, other than the minimum ones - this document must be in writing and contain information about the fact of transfer of money (who, to whom, when, how much and for what).

By agreement of the parties to the agreement, the text of the receipt may include a list of witnesses who were present during the transfer of money and who, by their signature in the document, additionally confirm the fact of the transfer of money by the buyer to the seller.

In the case of non-cash payments, the buyer makes payment by bank transfer of the corresponding amount of money to the seller’s pre-agreed bank account, the details of which may be specified directly in the purchase and sale agreement of the property or in an additional agreement of the parties. In this case, the fact of payment is recorded by a bank payment order with a note from the bank about the execution of the order.

With any payment method, the parties are recommended to clearly indicate the purpose of the payment in the relevant documents confirming the payment - payment for such and such alienated property. This will eliminate possible discrepancies (disagreements) between the parties regarding the proper fulfillment by the buyer of his obligation to pay for the purchased property.

Transfer of real estate

The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a transfer deed or other transfer document signed by the parties. The act of acceptance and transfer of the alienated property is drawn up in simple written form, regardless of whether the agreement under which the real estate is transferred is subject to mandatory notarization.

The Real Estate Transfer and Acceptance Certificate specifies in detail what kind of real estate was transferred to the buyer on the basis of a concluded real estate purchase and sale agreement and what condition this property was in at the time of transfer.

When describing the transferred property, the same detailed information about the property is indicated as in the purchase and sale agreement - the full address of the location of the property, the cadastral or conditional number of the property, the total and residential (if any) area of ​​the property, the number and name of existing residential and auxiliary premises, the total number of floors of the object and the main material of the walls of the object, as well as the area of ​​the land plot on which the alienated property is located and its intended purpose.

The act of acceptance and transfer of the alienated property (apartment, residential building, land plot, etc.) is drawn up as a separate document only if necessary. For example, in a situation where the moment of signing an agreement on the alienation of real estate (purchase and sale, exchange, donation, etc.) and the moment of the actual transfer of this real estate do not coincide in time, i.e. for example, today an agreement is signed, and in a week the property will be transferred.

If the signing of the contract and the transfer of real estate coincide in time or the property has already been transferred to the buyer earlier, then in most cases, information about the transfer of real estate is entered directly into the real estate purchase and sale agreement, indicating in the agreement approximately the following:

"The transfer of the alienated residential apartment by the Seller and its acceptance by the Buyer took place before the signing of this agreement. The apartment transferred to the Buyer is in a condition suitable for living, is properly landscaped, meets the established technical and sanitary requirements. The keys to the specified apartment, as well as the cadastral passport of the premises and documents confirming payment of utilities.

The buyer has familiarized himself with the technical and sanitary condition of the apartment transferred to him, has no complaints about it and agrees to accept the above-mentioned apartment as ownership. The parties have established that from the moment of signing this agreement, the visible deficiencies of the above residential apartment do not constitute a basis for the subsequent application of Article 475 of the Civil Code of the Russian Federation.

The parties to this agreement have agreed that this agreement has the force of an act of acceptance and transfer of the alienated residential apartment and from the moment of signing this agreement, the Seller’s obligation to transfer the above alienated apartment to the Buyer is considered fulfilled."

(The above text is subject to change depending on the circumstances of each specific transaction).

Unless otherwise provided by law or contract, the seller’s obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties.

Failure by one of the parties to sign a document on the transfer of real estate on the terms provided for in the purchase and sale agreement is considered a refusal, respectively, of the seller’s obligation to transfer the property, and the buyer’s refusal to accept the property.

Acceptance by the buyer of real estate that does not comply with the terms of the real estate purchase and sale agreement, including in cases where such discrepancy is specified in the document on the transfer of real estate, is not a basis for releasing the seller from liability for improper execution of the sale and purchase agreement.

Consequences of transfer of real estate
poor quality

If the seller transfers to the buyer real estate that does not comply with the terms of the purchase and sale agreement on its quality, the rules of Article 475 of the Civil Code of the Russian Federation are applied, with the exception of the provisions on the buyer’s right to demand the replacement of goods of inadequate quality with goods that comply with the contract.

In particular, the following rules apply:

If the defects of the real estate were not specified by the seller, the buyer to whom the real estate of inadequate quality was transferred has the right, at his own discretion, to demand from the seller:

1. proportionate reduction in the purchase price of real estate;

2. free elimination of defects in real estate within a reasonable time;

3. reimbursement of their expenses for eliminating defects in real estate.

A proportionate reduction in the purchase price is usually applied at the stage of sale of real estate. If, when viewing the property being sold, the buyer identifies any defects in the real estate, the parties can negotiate a reduction in the purchase price of the property.

If this did not happen before the conclusion of the transaction (the shortcomings were not discovered during the preliminary review), then reducing the purchase price after mutual settlements and state registration of the transfer of ownership of real estate to the buyer becomes practically impossible and, most importantly, meaningless, because . the price of the property is already fixed in the purchase and sale agreement.

Presenting a demand to the seller to eliminate defects in real estate free of charge within a reasonable time, in our opinion, is an irrational way to solve the problem, because its implementation will take an unreasonably long time.

Since in most cases sellers refuse to voluntarily eliminate defects discovered by buyers, buyers have to go to court with claims requiring the seller to take certain actions to eliminate the detected defects. This stage takes one period of time.

This is followed by the next stage and the next period of time - forced execution of a court decision with the involvement of bailiffs. Bailiffs have been able to work quite effectively in recent years, but there is a significant nuance in the issue under consideration. Eliminating defects in real estate is, as a rule, a specific job that the seller himself cannot do on his own.

The seller will need to attract specialists of the appropriate profile and qualifications and pay for their services with his own money. Will the seller have the required amount of money at the right time? The answer to this question is unknown. Ultimately, the execution of the court decision may be delayed indefinitely and there is a high probability that you will have to resort to the method provided for in paragraph 3.

To summarize the above, it should be recognized that the most rational way to solve the problem is to independently eliminate the shortcomings of the purchased real estate with reimbursement of all expenses by the seller of the real estate.

Independent elimination of deficiencies means the independent involvement of experts who will draw up a statement of the scope of work and an estimate of the cost of this work, the involvement and payment of the work of appropriate qualified specialists who perform the necessary work. All expenses incurred by the buyer must be documented.

After carrying out the specified stages of work and eliminating the shortcomings of the real estate, the buyer should calculate all of his costs and file a claim against the seller to recover from him the full cost of all expenses incurred by the buyer.

The rationality of this method is that work to eliminate defects in real estate will be done immediately and the purchased property can be used for its intended purpose. Of course, the collection of funds from the seller will also take an indefinite period, but this circumstance will in no way affect the possibility of using the property for its intended purpose.

As a general rule, the seller is responsible for defects in the sold real estate if the buyer proves that the defects in the real estate arose before its transfer to the buyer or for reasons that arose before the transfer of the real estate to the buyer.

The buyer has the right to present claims to the seller related to defects in the purchased real estate, provided that they are discovered within two years from the date of transfer of the real estate to the buyer.

In the event of a significant violation of the requirements for the quality of real estate (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are identified repeatedly, or appear again after their elimination, and other similar defects), the buyer has the right to refuse to perform the contract purchase and sale and demand the return of the amount of money paid for real estate.

State registration
transfer of ownership of real estate

The transfer of ownership of real estate under a real estate purchase and sale agreement to the buyer is subject to state registration.

Execution of a real estate purchase and sale agreement by the parties prior to state registration of the transfer of ownership is not a basis for changing their relations with third parties.

If one of the parties evades state registration of the transfer of ownership of real estate, the court has the right, at the request of the other party, to make a decision on state registration of the transfer of ownership of the relevant real estate.

Features of the sale of residential premises

An essential condition of the contract for the purchase and sale of a residential building, apartment, part of a residential building or apartment in which persons who, in accordance with the law, retain the right to use this residential premises after its acquisition by the buyer live, is a list of these persons indicating their rights to use the alienated residential premises .

List of persons retaining the right to use residential premises
based on law or contract

1. persons who use residential premises on the basis of a lifelong maintenance agreement with a dependent (for life);

2. persons who have been granted the right to use residential premises by testamentary refusal (for the period specified in the relevant will);

3. members of the owner’s family (including former ones), who, during the privatization of residential premises, renounced their ownership of a share in the residential premises (for life);

4. a former owner of residential premises who donated residential premises to another person, with the condition of granting (leaving) him the right to use residential premises for personal residence (analogous to the right to use residential premises on the basis of a lifelong maintenance agreement with a dependent - for life);

5. persons who have entered into a rental agreement, rental agreement or free use of residential premises with the owner (for the period of validity of these agreements).

Note: If there are persons who retain the right of residence in the alienated property, but the list of these persons is not included in the real estate purchase and sale agreement, then this sale and purchase agreement is considered not concluded.

This means that neither the signing of a contract for the purchase and sale of real estate by the parties to the transaction (seller and buyer), nor the transfer of money to the seller in payment for this property, nor the transfer of real estate from the seller to the buyer entails corresponding legal consequences for the parties. Despite the completion of these actions, the contract for the purchase and sale of real estate will be considered unconcluded and the transfer of ownership to the buyer will be impossible.

If the obstacle that has arisen to completing the transaction in the form of a tenant who has the right to reside in the alienated real estate property does not confuse the buyer and he is still ready to conclude a transaction with the encumbrance that has arisen, then the parties can make appropriate changes to the purchase and sale agreement and bring the transaction to its logical conclusion , including state registration of the transfer of ownership to the buyer.

If the Buyer is categorically against outside residents in the real estate he is purchasing, then the parties must return to each other everything they received under the transaction. The Buyer must return the property to the Seller (if it has already been transferred to the Buyer), and the Seller must return to the Buyer all funds received by him as payment for the apartment being sold.

The return or non-return of deposits and security payments, as well as compensation for losses and penalties of the parties, is carried out in accordance with the preliminary purchase and sale agreement and other agreements concluded between the parties to the transaction. If agreement is not reached on controversial issues, the parties to the contract have the right to go to court with a corresponding statement of claim.

AGREEMENT

purchase and sale of apartments

Russia, Novosibirsk city, October twenty-first two thousand fourteen

We, the undersigned: citizen Semyon Alekseevich Smirnov, born December 24, 1982, passport: series 50 03, No. 150345, issued 04/10/2003. Department of Internal Affairs of the Oktyabrsky district of Novosibirsk, division code 512-054, registered at the address: Novosibirsk, Truda street, house No. 6, apt. No. 15, hereinafter referred to as “Seller”, on the one hand, and citizen Petr Nikolaevich Bykov, born March 12, 1979, passport: series 50 05, No. 280567, issued 07/05/2005. Department of Internal Affairs of the Central District of Novosibirsk, division code 512-052, registered at the address: Novosibirsk, st. Mira, house no. 7, apt. No. 34, hereinafter referred to as “Buyer”, on the other hand, have entered into this agreement as follows:

1. The Seller sold and the Buyer bought an entire residential apartment No. 13 (thirteen), located at the address: Novosibirsk, Mayakovsky Street, building No. 34 (thirty-four) and having cadastral number 61:55:0020432:16:5/4.
2. The above-mentioned alienated apartment consists of two living rooms, a kitchen, a bathroom, a toilet and a corridor, with a total area of ​​56 (fifty-six) square meters. m., incl. living area of ​​38 (thirty-six) sq.m., located on the third floor of a five-story brick residential building (there is a balcony), which is confirmed by the cadastral passport of the premises, issued on October 20, 2014. Office of the Federal Service for State Registration, Cadastre and Cartography for the Novosibirsk Region and a technical passport issued on October 20, 2014. Bureau of Technical Inventory of Novosibirsk.
3. The above alienated apartment belongs to the Seller on the basis of the Apartment Sale and Purchase Agreement dated April 10, 2007, which is confirmed by the Certificate of State Registration of Rights: series 61-AN No. 123456, issued on May 12, 2007. Department of the Federal Service for State Registration, Cadastre and Cartography for the Novosibirsk Region.
4. The seller guarantees that at the time of signing this agreement, the above alienated residential apartment has not been sold to anyone else, has not been donated, has not been pledged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.
5. At the time of signing this agreement, there are no citizens registered in the alienated apartment as a place of residence or as a place of stay, which is confirmed by a certificate from ___(organization)___, dated 10/19/2014.
6. The Seller sold and the Buyer bought the above residential apartment for 3,500,000 (three million five hundred thousand) rubles. The indicated price of the apartment is established by agreement of the parties to this agreement, is final and, in the future, is not subject to change. The specified amount was received by the Seller before signing this agreement.
7. The transfer of the alienated residential apartment by the Seller and its acceptance by the Buyer took place before the signing of this agreement. The apartment transferred to the Buyer is in a condition suitable for living, is properly landscaped, and meets the established technical and sanitary requirements. The buyer was given the keys to the specified apartment, as well as a cadastral passport of the premises and documents confirming payment of utilities.
8. The buyer has familiarized himself with the technical and sanitary condition of the apartment transferred to him, has no complaints about it and agrees to accept the above-mentioned apartment as ownership. The parties have established that from the moment of signing this agreement, the visible shortcomings of the above-mentioned residential apartment do not constitute a basis for the subsequent application of Article 475 of the Civil Code of the Russian Federation.
9. The parties to this agreement have agreed that this agreement has the force of an act of acceptance and transfer of the alienated residential apartment and from the moment of signing this agreement, the Seller’s obligation to transfer the above alienated apartment to the Buyer is considered fulfilled.
10. In accordance with Articles 131 and 551 of the Civil Code of the Russian Federation, the transfer of ownership of the above alienated residential apartment is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Novosibirsk Region.
11. The ownership right to the above alienated residential apartment arises from the moment of registration of this right in the Unified State Register of Rights to Real Estate and Transactions with It.
12. The parties to this agreement have agreed that all costs associated with state registration of the transfer of ownership of the alienated apartment to the Buyer shall be borne by the Buyer.
13. This agreement is considered concluded from the moment it is signed by the parties to the agreement.
14. This agreement is drawn up in three copies, one of which is handed over to the Buyer, the second to the Seller, and the third copy remains in the files of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Novosibirsk Region.

SIGNATURES OF THE PARTIES:

Salesman - __________________ : __________________________________________________________

Buyer - __________________ : _________________________________________________________

(signature) (last name, first name, patronymic in full)

Here you can view and download a template for an apartment purchase and sale agreement for 2018 in a format convenient for you. Remember that you can always get our legal assistance, including filling out this form, by contacting us at the phone numbers listed on the website.

New sample 2019

CONTRACT OF SALE OF AN APARTMENT

We, ______________________________________________________________, born _______________,

Salesman, And

G.R.,

Place of Birth: ______________________________________________________________,

citizenship: ____________________, gender: __________, passport: ___________ No. _______,

Issued: _____________________________________________________, _____________ year,

department code: __________, registered at: ___________________

_____________________________________________________________________________

Hereinafter referred to as Buyer, have entered into this agreement as follows:

1. The Seller sold and the Buyer bought ownership of the apartment located at the address: _____________________________________________________________________

___________________________________________________________________________

2. The apartment belongs to the Seller by right of ownership on the basis of Resolution of the head of the administration of the city of Zheleznodorozhny No. 561 dated 08/04/1992 and the agreement for the transfer and sale of apartments (houses) into the ownership of citizens No. 754 dated 09/04/1992, as evidenced by the registration Certificate No. 692 issued by the Balashikha Bureau of Technical Inventory on September 7, 1992.

3. The above apartment consists of 1 living room(s), has a total area of ​​34.3 sq.m., including 21.0 sq.m. living space

4. By agreement of the parties, the Seller sold and the Buyer bought the above apartment for 2,800,000 (two million eight hundred thousand) rubles. Payment between the parties will be made in full within one day after receipt of this agreement, registered with the Office of the Federal Service for State Registration of Cadastre and Cartography for the Moscow Region. The Buyer also receives a share in the common ownership of the common property in the apartment building.

5. The seller guarantees that the specified apartment has not been alienated to anyone else, not mortgaged, not leased, is free from the rights of third parties, is not in dispute and is not under prohibition (seizure).

6. This agreement is considered concluded from the moment of its signing and registration of the transfer of ownership rights in the Office of the Federal Service for State Registration of Cadastre and Cartography for the Moscow Region. After state registration of the transfer of ownership rights, the Buyer becomes the owner of the above apartment and assumes the responsibility for paying real estate taxes , expenses for repairs, operation and maintenance of the apartment, house and local area.

7. No one lives in the specified apartment and is not registered.

8. The Seller undertakes to vacate the apartment and transfer to the Buyer, according to the transfer deed signed by the parties, within fourteen days after receiving the registered documents, in a condition suitable for habitation, equipped with sanitary, electrical and other equipment and not encumbered with arrears of rent, utility bills, payments electricity, telephone subscription fees and long-distance telephone calls.

9. The buyer inspected the specified apartment and has no complaints about its quality. The parties confirm that at the time of signing this agreement, the specified apartment is in good condition and does not have any defects that should be specified in the agreement.

10. The buyer is not in a registered marriage at the time of purchasing the apartment.

11. The parties to the agreement confirm that their legal capacity is not limited; are not under guardianship, trusteeship, or patronage; due to health reasons, they can independently exercise and defend their rights and fulfill their responsibilities; do not suffer from diseases that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, that they do not have circumstances forcing them to complete this transaction on extremely unfavorable terms for themselves.

12. Contents of the articles of the Civil Code of the Russian Federation: Article 161 (Transactions concluded in simple written form), Article 162 (Consequences of non-compliance with the simple written form of a transaction), Article 164 (State registration of transactions), Article 209 (Content of property rights) , Article 223 (Moment of acquisition of ownership rights by the purchaser under the contract), Article 288 (Ownership of residential premises), Article 292 (Rights of family members of the owners of residential premises), Article 460 (Obligation of the seller to transfer the goods free from the rights of third parties ), Article 461 (Responsibility of the seller in case of seizure of goods from the buyer), Article 549 (Contract for the sale of real estate), Article 550 (Form of the contract for the sale of real estate), Article 551 (State registration of the transfer of ownership of real estate), Art. 554 (Definition of the subject in the real estate sale agreement), Article 555 (Price in the real estate sale agreement), Article 556 (Transfer of real estate), Article 557 (Consequences of the transfer of real estate of inadequate quality), Article 558 (Peculiarities of the sale of residential premises); Articles of the Housing Code of the Russian Federation: Article 30 (Rights and obligations of the owner of residential premises), Article 31 (Rights and obligations of citizens living together with the owner in residential premises belonging to him), Article 38 (Acquisition of a share in the right of common ownership of common property in an apartment building when purchasing premises in such a building); Articles of the Family Code of the Russian Federation: Article 34 (Common property of spouses), Article 35 (Ownership, use and disposal of common property of spouses) are known to the parties.