Contract for the sale and purchase of property that is pledged. Purchase and sale agreement with a deposit on the part of the buyer. Agreement for the sale and purchase of an apartment with installment payment: sample

Apartments pledged by banks with a mortgage have become a common reality in our time. The procedure for the turnover of real estate that is pledged has its own differences, since such a transaction involves not two, but three entities - the bank, the seller and the buyer.

Who benefits from deals with mortgage apartments?

Housing space pledged to the bank is sold primarily due to the impossibility of making loan payments. In such a situation, selling the apartment may be the only way to save the money already paid.

The procedure for selling an encumbered apartment is complex and multi-step, so the seller reduces prices by about 20%. As a result, such a deal turns out to be beneficial for buyers who do not have enough funds to purchase housing free from restrictions.

Legally literate people are not deterred by the difficulties of purchasing such an apartment. But the low price attracts many.

Is it possible to sell an apartment that is pledged to the bank?

There is always a fundamental possibility of such a sale. The only problem is getting permission from the bank. Despite the variety of circumstances, the bank usually agrees to the sale of the encumbered property, subject to full repayment of the loan.

If the seller has permission from the lender to sell, then the buyer does not risk anything except the time that must be spent on removing the encumbrance. However, these inconveniences are compensated by the reduced price.

Sales procedure

Actions for the sale of housing can begin only after the bank gives its consent to the transaction. This is the main stage of the entire procedure for transferring living space from one person to another.

Bank notice

Initially, an application is submitted to the bank. It indicates the loan repayment scheme that suits the buyer and seller.

The universal scheme consists of the following actions:

a purchase and sale agreement is concluded;
the buyer contributes money to repay the loan;
the bank issues a certificate of no debt;
the borrower applies to Rosreestr to remove the encumbrance;
the buyer transfers the remaining amount to the seller;
Rosreestr prepares documents for the new owner of the apartment.

Have a question or need legal help? Take advantage of a free consultation:

According to paragraph 1 of Art. 25 Federal Law 102, upon notification of the bank, the encumbrance is removed within 3 working days. So the preliminary loan repayment procedure does not take much time.

In this whole scheme, the bank is only concerned about one part - repaying the loan. All other problems must be resolved by the parties to the transaction themselves.

After repaying the loan, the bank sends a notification to the registration service about the removal of the mortgage on the real estate. Now you can make the final payment and submit documents for the alienation of real estate in favor of the new owner.

How to find a buyer?

The search for a person who will decide to buy a cheap but problematic apartment is best entrusted to competent intermediaries. They will be able to explain to the client all the intricacies of an unusual transaction. It is best to negotiate with large real estate companies. It is easier to find a competent specialist there.

If you want to do without intermediaries, then it is better to immediately state in the advertisements the fact that the apartment is being sold at a reduced price due to the need to repay the loan. Such frankness will remove suspicion and allow you to work with people who are aware of the specificity of the situation.

List of documents for concluding a transaction and agreement

Documents for such transactions are divided into two parts - before the mortgage is repaid and after the encumbrance is removed. The first part of the transaction requires only money for the bank. For this reason, only a receipt for the transfer of money for certain purposes can be drawn up between two parties.

After the living space becomes free of collateral, both parties submit the usual package of documents to the registration authorities.

Identity cards in the form of: Russian passport, military ID, civil passport, birth certificate.
Agreements in triplicate, drawn up according to the model of Rosreestr.
Certificate of ownership of real estate.
Explication and plan from BTI.
Cadastral passport.
Extract from the house register.
Certificate of debts for utility bills.
Certificate about the presence or absence of people registered in the living space.

Sample contract for the sale and purchase of an apartment with a deposit

In accordance with Art. 460 of the Civil Code of the Russian Federation, the seller is obliged to transfer property under a purchase and sale agreement only if it is not encumbered by the rights of third parties. Based on this provision of the law, the bank’s prior consent to the sale is not necessary, because the transaction can only be completed if the encumbrance on the property is removed. According to an agreement between two persons, one of them can give money to repay the loan, and the other must use it for its intended purpose.

The legal problem in this case lies not in the bank’s consent itself, but in the agreement between two people to transfer part of the money to pay for the loan. This money can be transferred on the basis of a pledge or a loan with the appropriate execution of documents (receipt). However, in this case, the apartment itself will be too cheap under the contract. In this case, the situation looks like tax evasion.

The way out is simple - you need to conclude a purchase and sale agreement before repaying the loan according to the model that is on the Rosreestr website. It indicates the entire price of the apartment. In the “Contract Price” paragraph, it is necessary to describe the payment procedure in two stages - first in terms of loan repayment, and then, after the encumbrance is removed, in terms of the final payment of the cost of the apartment.

The technical side of payment is also described here - in cash, in non-cash form, using a safe deposit box, etc.

The clause “Material terms of the agreement” indicates the existence and nature of the collateral. Here you should also enter a line stating that the loan is repaid from the buyer’s funds. The seller undertakes to carry out the transaction after repayment of the loan.

Conditions for the sale of collateral real estate

The most advantageous moment for a bank that has provided financing for the purchase of an apartment is the full payment of the entire amount over the entire period stipulated by the agreement. In this case, the institution receives the maximum amount. Early repayment of the loan is less profitable, but acceptable; the money is returned to the bank in full and with interest.

The sale of an apartment is especially readily approved if the debtor has already demonstrated his inability to pay the loan. Increasing fines and commissions are a clear sign that the bank itself will have to seize and sell the apartment.

The most difficult thing is for a bank to agree to re-register loan obligations to another person, since the risk of another problem loan remains.

Schemes for selling mortgaged apartments

Since the formation of the collateral real estate market, the following schemes for the sale of apartments with a similar status have appeared.

Sales with the participation of the bank are carried out according to the same scheme of preliminary loan repayment, only in this case settlements are carried out through special letter of credit accounts. The buyer first places all the money provided for in the contract into two deposit boxes. One of them contains money that is intended to repay the loan. In the other - the remaining amount for the seller. Having this money as a guarantee of loan repayment, the bank sends the agreement for registration. After the apartment is re-registered to another owner, the bank and the seller take the money from the corresponding cells.
Repayment of the loan by the buyer in full. Only after this the encumbrance is removed, and the buyer becomes the owner of the property.
Sales with a change of mortgagor are also carried out through a bank, but a purchase and sale agreement is not concluded. Instead, the deposit is placed in the buyer's name. The seller and the bank receive their money, after which the encumbrance is removed from the apartment, and Rosreestr accepts documents for re-registration of the owner.

Each of these schemes has its own advantages and disadvantages. However, any real estate transaction carries risks. With the right approach, they can be reduced to zero. In this case, each party receives its own benefit - the bank receives a repaid loan, the seller receives money and has no obligations to the bank, the buyer receives housing at a reduced price.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

If the parties decided to formalize the monetary issue after the conclusion of the contract, even after registration of the transaction, the buyer’s monetary obligation continues to exist. To guarantee its execution, the parties can establish an encumbrance (collateral), which will not allow the new owner to dispose of the apartment until the funds are paid to the counterparty under the concluded agreement. Since the encumbrance is established in relation to the property, it is made under the same conditions as the purchase and sale agreement itself. This means that the encumbrance is subject to state registration, and information about it will be entered into the Unified State Register of Real Estate. The procedure for establishing an encumbrance in the terms of the contract There are two options for establishing an encumbrance in favor of the seller: by law and by agreement of the parties.

Features of an apartment purchase and sale agreement with an encumbrance in favor of the seller

Buyer.

MORTGAGE BY FORCE OF LAW

3.1. In accordance with Article 77 of the Federal Law of July 16, 1998 No. 102-FZ “On Mortgage (Pledge of Real Estate)”, from the moment of state registration of the mortgage in the Unified State Register of Real Estate, the Apartment is pledged (mortgage) to the Lender (Pledgee) to secure execution obligations of the Buyer under the Loan Agreement. 3.2. In accordance with paragraph 2 of Article 20 of the Federal Law of July 16, 1998

No. 102-FZ “On mortgage (mortgage of real estate)” The buyer undertakes to submit to the body carrying out state registration of rights (hereinafter referred to as the registration body), an application for state registration of the mortgage by force of law simultaneously with the submission of documents for state registration of property rights, as well as the Mortgage .

Encumbrance in favor of the seller. correct purchase and sale agreement

information about the parties, their full names, names, registration and registration addresses, passport details, other identification documents, registration details of a legal entity, etc.;
the name of the subject of the transaction and a description that individualizes it;
contract price;
payment procedure, payment method, timing of payment(s);
moment of transfer of ownership, risks;
rights and obligations of the seller and buyer;
list of applications;
signatures of the parties, date of signing the agreement;
other conditions at the discretion of the parties (transaction costs, dispute settlement, etc.).

An important condition of this group of contracts is the mandatory mention of the provision on the pledge of the item being sold.

Sample apartment purchase and sale agreement

Important

We may surprise you: each apartment purchase and sale agreement is always unique. Why? According to the same Civil Code of the Russian Federation, each piece of real estate is an individually defined thing, and must be described accordingly in the contract. In addition, a purchase and sale agreement, like any agreement, is the result of agreements between the parties about what kind of transaction they are making, under what conditions and in what order.

It is these conditions, which are always individual in specific situations, that determine the uniqueness of each apartment purchase and sale agreement. A competent and correct approach is to plan the purchase and sale transaction of an apartment based on the situation of the seller and the buyer. For example, in some cases the buyer takes out a mortgage loan.

Therefore, in the apartment purchase and sale agreement, it is immediately necessary to plan the section formed by the creditor bank and allow time for agreeing on the terms of the agreement with the bank.

How to sell an apartment with an encumbrance in favor of the seller?

Attention

Considering that the payment of the price of the apartment is made after the state registration of the transfer of rights to the buyer in the presence of the buyer, and the mortgage is in favor of the bank, the absence of collateral by force of law due to non-payment before the state registration of the right and the transfer of the apartment immediately on the day of signing the purchase and sale agreement leaves the seller absolutely at the discretion and completely dependent on the integrity of the buyer. That is, the buyer signed the contract, handed over the apartment, and submitted the documents for registration. Registration - according to the new law No. 218-FZ, is 9 working days, that is, 2 weeks.

The seller receives the money in the presence of the buyer. What if the buyer doesn't show up? Got sick, disappeared, died? The agreement is up in the air. What should the buyer do? After all, he cannot get money without a buyer. Therefore, the 2016 apartment purchase and sale agreement is always just a sample.

Sample of drawing up a purchase and sale agreement with an encumbrance

Before signing the Transfer Deed, the Buyer is obliged to carry out a detailed inspection of the Apartment. If any defects in the Apartment are identified, the Buyer must indicate this in the Transfer Deed 5.4. The Buyer's ownership of the Apartment is subject to state registration in the Unified State Register of Real Estate.

5.5. The risk of accidental loss or damage to the Apartment before the state registration of the Buyer's ownership of it is borne by the Seller. 5.6. The costs associated with registering the Buyer's ownership of the Apartment are borne by the Buyer in the manner prescribed by the current legislation of the Russian Federation.

RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1. The seller is obliged: 6.1.1. Pay the cost of utilities provided to the Seller, property tax and other obligatory payments before the transfer of ownership of the Apartment to the Buyer.
6.1.2.

Agreement for the sale and purchase of an apartment with installment payment: sample

Before concluding an agreement for the purchase and sale of an apartment, the seller must provide the buyer with information about whether the object of the transaction is under an encumbrance (a pledge agreement, a lease agreement, or the existence of rights of third parties to use the premises). The most common encumbrances are third parties registered in the apartment being sold, therefore, when concluding a transaction, it is imperative that the agreement for the sale of an apartment with an encumbrance stipulate the period during which the above-mentioned persons are required to check out. Some categories of citizens have the right to use an apartment even after a change in its owner, for example, by testamentary refusal, according to which the heir is obliged to provide the apartment for a certain period of time for use by a third party or under a commercial lease agreement.

Raa Law

In this case, what can the buyer do - encourage the seller to voluntarily resolve the issue, or collect money in court and cancel the contract? If the seller evades the removal of the encumbrance, the buyer has the right to a judicial resolution of the issue. The following documentation must be provided to the court:

a statement of claim containing the essence of the stated requirements;
an extract from the Unified State Register, which confirms the transfer of property rights and the establishment of an encumbrance;
documents that indicate the transfer of money to the seller - for example, a receipt for receipt of money or a check order for crediting funds to a current account.

In this case, if the entire amount under the contract was paid to the seller, the court has legal grounds to satisfy the claims.

Drawing up a purchase and sale agreement with an encumbrance

Transfer of funds to pay for the cost of the Apartment is carried out using an individual safe deposit box (individual safe) within ... business days from the date of state registration of the Buyer’s ownership of the Apartment and state registration of the mortgage of the Apartment by force of law in favor of the Lender. The Seller gains access to the Lender's individual safe deposit box (individual safe) in the presence of the Buyer and upon presentation to the Lender of the following documents: an original extract from the Unified State Register of Real Estate, confirming the state registration of ownership of the Apartment for the Buyer and indicating the Buyer as the copyright holder. At the time of receipt of funds, the Seller undertakes to sign and transfer to the Buyer a receipt confirming receipt of funds.

2.4.
By default, the condition of a pledge by force of law arises if the payment procedure under the agreement provides for settlement between counterparties after the transaction. To do this, it is enough to make a reference to the occurrence of the pledge by force of law, so that the state registrar notes this fact when entering information into the Unified State Register of Real Estate. The parties themselves may establish the following encumbrance conditions in the contract:

the deadline for fulfilling the monetary obligation, and, accordingly, the moment of removal of the encumbrance;
the procedure for removing the encumbrance in the event of early fulfillment of a monetary obligation (the best option if the agreement contains a condition for phased payment);
content of the encumbrance.

If such conditions are specified in the agreement and signed by the parties, at the stage of state registration such a provision cannot be arbitrarily changed by one of the parties or the state registrar.

Sample contract for the purchase and sale of an apartment with a pledge in favor of the seller

Advantages A sales contract with an encumbrance in favor of the seller has the following advantages:

a complete guarantee of protection of the seller’s property rights - in the event of non-payment by the counterparty of the purchase price, the seller receives the right to satisfaction from the value of the pledged property - either to keep the property or to sell it;
the possibility of purchasing an apartment in installments - for example, in equal payments over a certain period, or with deferred payment;
The mortgagor is fully responsible for the property both during the transaction and after it.

A purchase and sale agreement with an encumbrance in favor of the seller is a good solution for those who want to protect themselves during a real estate purchase and sale transaction with a deferred or installment payment plan.

AGREEMENT No. ______ (purchase and sale ____________________ (with collateral) _____________ " "____________ 200__ ______________________________________________________________, hereinafter referred to as the "Seller", represented by _______________________________________ ___________________________________________________________, acting on the basis of ___________________________________________ on the one hand, and _____________________________________________________ , hereinafter referred to as the “Buyer” represented by ___________________________________________, acting on the basis of ________________________________________________, on the other hand, have entered into this Agreement as follows: 1. Subject of the Agreement 1.1. The Seller undertakes to transfer ownership (full economic management), and the Buyer duly accept and pay for the following goods: 1.1.1. Name (indicating the manufacturer) ___________________ __________________________________________________________________________ 1.1.2. Unit of measurement __________________________________________ 1.1.3. Unit price _________________________________________________ 1.1.4. Quantity ________________________________________________ 1.1.5. a) cost of the entire consignment of goods __________________________, (in words) b) value added tax _________________________________ c) total to be transferred _________________________________ (in words) ________________________________________________________________________________ 1.1.6. Quality and completeness (date of manufacture, standard, specifications, etc.) ____________________________________________________________ 1.1.7. Warranty period (indicating the type: operation, storage, shelf life) _________________________________________________________ 2. Terms of delivery and payment for the goods 2.1. Delivery period _________________________________ days from the moment of _____________________________________________________________________ (conclusion of the Agreement, payment and other conditions) The Seller _________________________________ the right to an early (has, does not have) bid. 2.2. Type of transport and delivery basis ______________________________ ________________________________________________________________________ 2.3. Packaging (container) and labeling (description or link to standard, specifications) _____________________________________________________________________ _____________________________________________________________________ 2.4. Term, procedure and form of payments ______________________________ 2. 4.1. Payment period ___________________________________ days from the date of _______________________________________________________________________________ 2.4.2. Payment procedure (advance payment, subsequent payment at the time of receipt of the goods, telegraphic or postal) _______________________ ___________________________________________________________________________ 2.4.3. Form of payment (payment request; payment order, letter of credit; check; payment request-order) _________________________ _________________________________________________________________________ Added tax the cost must be shown as a separate line in payment documents. In all other respects that are not provided for in this paragraph, the parties are guided by the “Rules for non-cash payments in the national economy”. 2.5. In case of advance payment, the Buyer is obliged, within three days from the date of payment, to hand over to the Seller a copy of the payment document certified by the bank or notify him by telegram with notification. If the Buyer fails to comply with the requirements of this clause of the Agreement, the Seller has the right, after _________________ days from the date of signing the agreement, to sell the goods and terminate this Agreement. 2.6. ______________________________________________________________ (additional conditions) 3. Guarantees for the fulfillment of obligations and responsibilities of the parties 3.1. When signing the Agreement, the parties exchange guarantees for the delivery and payment of goods. 3.1.1. Buyer's guarantees: upon conclusion of the Agreement, the Buyer pays the Seller a deposit amount of ____________________________________ _____________ rubles (payment order No. ________________________ dated " "___________200__, check No. ______ dated " "_______________200__). The pledge secures the Seller’s claims regarding payment for the goods, as well as penalties, fines, penalties and compensation for losses associated with the Buyer’s improper fulfillment of the terms of the Agreement. In case of improper fulfillment of obligations to pay for the goods by the Buyer, foreclosure on the pledge is carried out by a decision of the court, the Arbitration Court or with the written consent of the Buyer (recognition of claims). In case of proper fulfillment of obligations, the amount of the deposit is included in mutual settlements with the consent of the Seller. 3.1.2. Seller's guarantees ________________________________________ _________________________________________________________________________ 3.2. For late delivery or short delivery of goods, the Seller pays the Buyer a penalty in the amount of __________________________ percent of the cost of the goods not delivered on time for each day of delay. 3.3. For an unreasonable refusal or evasion of payment for goods (including in advance payment), the Buyer shall pay the Seller a fine in the amount of _____________________ percent of the amount he refused or evaded payment. 3.4. In case of late payment for goods (including in case of advance payment), the Buyer shall pay the Seller a penalty in the amount of ___________ percent of the overdue payment amount for each day of delay. 3.5. For failure to pick up the goods on time (when self-pickup from the Seller’s warehouse), the Buyer pays the Seller a penalty in the amount of _____ ______ percent of the cost of the goods not picked up on time, and also compensates the Seller for losses associated with storing the goods in the amount of _________ percent of the cost of the goods for each day overdue, but not more than ___________ percent. 3.6. If the Buyer refuses (in whole or in part) to accept and pay for the goods (products) provided for in the Contract, he shall compensate the Seller for losses incurred in connection with this in the amount of _____________ percent of the cost of the goods (products). 3.7. ______________________________________________________________ (additional sanctions) 3.8. The parties make every effort to resolve any differences that arise exclusively through negotiations; If it is impossible to resolve disagreements through negotiations, the parties apply to the Arbitration Court of the Russian Federation. 4. Other conditions 4.1. The parties do not bear the liability provided for in clauses 3.2-3.7 of the Agreement if the impossibility of fulfilling the terms of the Agreement occurs due to force majeure circumstances, including ______________________________ ________________________________________________________________________ ______________________________________________________________________________ 4.2. Other conditions at the discretion of the parties: _________________________ _______________________________________________________________________________ 4.3. In everything that is not provided for in the Agreement, the parties are guided by the “Regulations on the supply of products for industrial and technical purposes and consumer goods”, current legislation. 4.4. ______________________________________________________________ (at the discretion of the parties) 5. Final terms 5.1. The contract can be amended, terminated, or declared invalid only on the basis of current legislation. 5.2. All changes and additions to the Agreement are valid only if they are in writing and signed by both parties. 5.3. The headings of the articles are intended for ease of reference and will not be taken into account when interpreting this Agreement. 5.4. This Agreement constitutes and expresses the entire contractual terms and understanding between the parties hereto with respect to all matters mentioned herein, and all previous discussions, promises and representations between the parties, if any, are null and void. 5.5. The signed Agreement comes into force on " " ______________ 200__. up to " " _______________ 200__g. 6. Legal addresses and signatures of the parties 6.1. In case of change of legal address or servicing bank, the parties are obliged to notify each other about this within ________ days. 6.2. Details of the parties. 6.2.1. Seller __________________________________________________ 6.2.2. Buyer ________________________________________________ 6.2.3. Signatures of the parties: from the Seller from the Buyer _____________________ ______________________ (signature) (signature) M. P. M. P. " " _________ 200__ " " __________ 200__ As a general rule, the current legislation (Rules of paragraph 7 “Sale of real estate” of Chapter 30 “Purchase and sale” of the Civil Code of the Russian Federation, which are special rules governing the procedure for concluding a contract for the sale of real estate) do not provide for the possibility of terminating the contract for the purchase and sale of real estate, with the return of what the parties received under the contract.

Termination of a contract for the purchase and sale of real estate (in particular, on the basis of non-payment by the Buyer) is possible only in the following cases:
- when the contract directly provides for the possibility of terminating the contract for the purchase and sale of real estate with the return received by the parties under the contract, indicating the grounds for its termination (for example: in case of violation of payment deadlines).
- only in this case the Seller has the right to demand the return of real estate (Clause 15 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated February 25, 1998 No. 8).

At the same time, registration of the transfer of ownership to the Buyer of the sold real estate is not an obstacle to termination of the contract on the grounds provided for in Article 450 of the Civil Code of the Russian Federation, including in connection with the buyer’s failure to pay for the property (Clause 15 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02.25.98 N 8).
Termination of the contract is possible only in court (clause 1, article 2 of the Law on registration of rights to real estate and transactions with it No. 122-FZ).

If the Buyer of real estate has registered the transfer of ownership, but has not made payment for the property and the contract does not provide for grounds for its termination due to lack of payment, all that the Seller can do is, on the basis of paragraph 3 of Article 486 of the Civil Code of the Russian Federation, the right to demand payment for real estate and payment of interest in in accordance with Article 395 of the Civil Code of the Russian Federation.

Moreover, as a general rule, the sold real estate is pledged to the Seller until full payment is made, unless otherwise provided by the contract.
The parties may stipulate in the agreement the following: until full payment is made, the real estate will not be pledged to the seller (clause 5 of Article 488 of the Civil Code of the Russian Federation).

In order for the Seller to protect its rights under the real estate purchase and sale agreement, subject to payment in full or in part after the transfer of ownership of the real estate to the Buyer, it is advisable for the Seller to include the following conditions in the agreement:

1. The Seller has the right to terminate this agreement unilaterally if the Buyer fails to make payment within the time limits established in this agreement and demand the return of the transferred property specified in clause __ of this agreement. (Resolution of the Presidium of the Supreme Arbitration Court of March 13, 2001 N. 7802/00).

2. The Buyer is obliged to compensate the Seller for losses in full in the event of termination of the contract on the grounds specified in clause ___.

3. The buyer is obliged to pay a penalty in the amount of ___ rub. in case of termination of the contract on the grounds specified in clause ___.

4. Indicate that the real estate is pledged to the Seller until full payment by the Buyer (Not necessary, but desirable).

The registration record of the mortgage is canceled on the basis of a joint application of the mortgagor and the mortgagee or on the basis of a decision of a court, arbitration court or arbitration tribunal to terminate the mortgage. (Article 25 of the Federal Law “On mortgage (Pledge of real estate Federal Law No. 102-FZ”).

background information

Payment under a real estate purchase and sale agreement is a separate obligation not directly related to the emergence of ownership of the item by the buyer.
State registration of the transfer of ownership is not directly related to the buyer’s fulfillment of the obligation to pay under the contract.

According to Art. 223 of the Civil Code of the Russian Federation, the right of ownership of the acquirer of a thing under an agreement arises from the moment of its transfer, unless otherwise provided by law or agreement, and in cases where the alienation of property is subject to state registration - from the moment of such registration, unless otherwise provided by law.

The parties have the right in their agreement to establish special deadlines for the fulfillment of each of the obligations arising from the agreement separately (this refers to the obligations to transfer the thing, to state registration of the transfer of ownership and to pay).

To protect the rights of the seller, the legislator has provided special legal means.
One of these means is the so-called pledge by force of law, which arises when the buyer purchases goods under a contract of sale on credit or in installments.

The provisions regarding liens by law apply fully to the sale of real estate.
The procedure for state registration of such a mortgage is established by the Federal Law “On Mortgage (Pledge of Real Estate)”.
Registration of a mortgage by force of law is carried out simultaneously with the state registration of the property rights of the person whose rights are encumbered by the mortgage, without submitting a separate application and without paying for state registration (Clause 2 of Article 20 of the Mortgage Law).

In each specific case, during state registration of the transfer of ownership under a sales contract, the state registrar compares the term and fact of payment with the moment of transfer of the thing to the buyer.

This form can be printed from the MS Word editor (in page layout mode), where the viewing and printing options are set automatically. To go to MS Word, click the button.

For more convenient filling out the form in MS Word is presented in a revised format.

Approximate form

Agreement N ____
purchase and sale of mortgaged property


G.____________________	"__" ____________ ____ G.

We refer to___ hereinafter as the “Seller”, represented by ____________________, acting___ on the basis of ____________________, on the one hand, and ____________________, hereinafter referred to as the “Buyer”, represented by ____________________, acting___ on the basis of ____________________, on the other hand, have entered into this Agreement as follows:

1. Subject of the agreement

1.1. The Seller transfers into ownership of the Buyer the property specified in clause 1.2 of this Agreement (hereinafter referred to as the “Property”), and the Buyer undertakes to accept this Property and pay the price for it in the amount and manner provided for in this Agreement.

1.2. The following property is transferred under this Agreement: (indicate the name, type, characteristics of the transferred property).

Quality and characteristics of the transferred Property: ____________________.

Property is transferred in quantities: (indicate the quantity or order of its determination).

1.3. The property is encumbered with a pledge on the basis of a pledge agreement dated "__" ____________ ____, N ____, concluded between ____________________, in accordance with which ____________________.

The pledge agreement was concluded to ensure the fulfillment by the Seller of obligations under the credit agreement (or: loan agreement) No. ____ dated "__" ____________ ____, concluded between ____________________, under which ____________________.

The consent of the mortgagee of the Property ____________________ to enter into this Agreement has been obtained in the manner established by the current legislation of the Russian Federation.

1.4. From the moment this Agreement comes into force, the Buyer becomes the legal successor of the Seller under the Pledge Agreement No. ____ dated "__" ____________ ____.

1.5. The Buyer bears all the obligations of the Pledgor under the specified Pledge Agreement.

1.6. The buyer does not become a debtor under the main obligation - credit agreement (or: loan agreement) N ____ dated "__" ____________ ____

2. Rights and obligations of the parties

2.1. The seller is obliged:

2.1.1. Transfer to the Buyer the Property that complies with the terms of this Agreement on quality and completeness, in the manner and within the time limits established by this Agreement.