Before making the transfer of home to the buyer, you need to properly compile a contract, given all the nuances and rules for drawing up legal documents.

To begin searching for persons wishing to acquire a land plot, including if he is adjacent to the house, it is necessary to collect all the documents, and decide who will deal with the sale of the property. You can use one of two options - to hire a realtor, or do it yourself.

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Essence of the document

Initially, you need to conclude a preliminary contract for the sale of houses with a land plot with the buyer.

This will determine the terms of the transaction. You can compile an agreement with a deposit that serves as a guarantee that the sale will take place.

Most properties are sold together with land plots, so its legal fate is determined by the terms of the agreement. Some norms are established by the Civil Code of the Russian Federation.

So, there are special requirements for the disposal of residential buildings and seats adjacent to them:

Preliminary agreement – best way To protect the interests of both participants in the transaction. The essence of such a document is that the terms of sale, but they can be changed in the future.

In order to minimize the possible risks, you should consolidate the transaction in advance or a deposit and make an act of reception - the transfer of the site. Mortgage on land issues Sberbank, VTB 24 and other credit organizations.

Mandatory items in drawing up

If the design takes place on the mortgage, then the Bank's employee will independently check the correctness of the contract for the sale of a residential site with a land plot. Otherwise, the design is carried out with the help of a lawyer or independently.

In order for the agreement to be invalid, you need to make sure that all the main points are available:

At the conclusion of the preliminary agreement, some points must be taken into account:

In the preliminary contract, it is necessary to specify whether the deposit is issued, and what is the conditions for its return.

Another important point to take into account is a preliminary agreement may be required for the guardianship, if the site sells, a minor child is registered and lives.

Sample Filling Blanca (example)

It is very important to correctly compile an agreement, especially if the design takes place with shames, and it is necessary to designate the area of \u200b\u200bthe land plot, which is transmitted to the real estate buyer.

Sample agreement:

IN obligatory The agreement must be compiled an act of acceptance. It will be required to register a deal in Rosreestre.

Video: What is the PDKP

Nuances that need to be considered

To properly draw up a preliminary agreement and registration of the transaction, the following nuances must be taken into account:

Another important nuance - deadlines, a very significant part of the preliminary contract, and to enter into a document only in agreement with both parties a transaction. This is due to the fact that the failure of the deadlines may have serious consequences.

The contract for the sale of land and house is a transaction requiring mandatory state registration. In accordance with the legislation of our country, the registration of such a transaction is delimited by two stages.

First stage - Registration of the contract for the sale of land and houses.

Second phase - Registration of the transition of ownership of the seller to the buyer. Only after the second stage is fulfilled, the buyer becomes the full owner of the acquired property.

Rules of conclusion of the transaction

What moments need to pay attention to the conclusion of the transaction of this kind. First of all, a potential buyer needs to check whether the person selling this property is its owner. To do this, it is necessary to order an extract from a single state register of rights (extract from the USRP).

This document can be obtained in any department. Federal Service Cadastre and cartography, regardless of the location of the property. Do not trust a certificate of ownership of the potential object of sale, since on some times the preceding testimony transactions are not withdrawn by the competent authorities, they remain in their hands among the previous owners.

Extract from the USRP gives information about the rights to the object of real estate at the time of its request. In it, you can also find information about the burdens, arrests and right-hand appointments of third parties (for example, the contract gratuitous use residential room).

Foundation of Participation Party

If the contract of sale of the land plot and the house will sign a representative of the owner, then he should have the original notarized power of attorney from the owner.

The reality of this power of attorney can be checked by calling the notary, which issued it.

At the same time, it is necessary to remember that any power of attorney, including the notarial, at any time you can withdraw, therefore there is always a risk that at the time of the transaction, the person acting on behalf of the owner on the basis of a power of attorney, no longer has the authority to implement this Transactions.

Real estate data to be checked before a transaction

Despite the fact that at the moment there is no need to submit documents indicating the absence of debts to communal services And other payments, it will not be superfluous to ask the seller to submit these documents in the scripties.

It will save potential buyers from problems related to the repayment of mandatory payments, in the land plot and home and inherited from previous owners.

If the transaction is made prepayment (advance or pledge), it is possible to arrange a land plot and a house in which it is advisable to describe in detail the future deal, all rights and obligations of the parties.

In the event that then one of the parties will decound from making a transaction, then the other side, on the basis of this contract, has the right to force the other side to conclusted the transaction or require a decent monetary compensation.

Below is one of the preliminary contract for the sale of land for the sale of land. Take advantage of them to compile your contract or entrust it to our specialists.

Preliminary contract for the sale of land and house

____________. __________________ Two thousand _____________ year.
(number and month in words) (I will register a year

We, c. __________________________________________________, in the future "seller",

and c. _____________________________________________________, in the future "Buyer", concluded a real preliminary contract for the sale of the house and land plot, hereinafter - "Preliminary Agreement of Real Estate Sales", as follows:

1. The Subject of the Agreement
1.1. The parties undertake to conclude up to "___" __________ 201_ year of the contract of sale of the house and land plot (hereinafter - the "main contract"), the main conditions of which the parties are determined in this preliminary contract for the sale of real estate.

The entire preliminary contract for the purchase and sale of the house and the land plot is in the attached file.

Sample preliminary contract for the sale of land

A preliminary contract for the sale of the land plot implies that the Parties are pre-negotiating a conclusion in the future of the Treaty for the sale of a land plot under the conditions provided for in such a contract.

The preliminary contract of sale of the land plot is adjustable:

Blank preliminary contract purchase - sale of a land plot: Download Sample 2017

You can download the Blank of the Purchase and sale of the Earth's purchase agreement for free, relevant as of 2017 on the reference below. Check the sample agreement on the relevance of the current edition of the legislation. In the form you can independently register payment under the contract with an advance or without it. When selling a land plot with a house, it is recommended to issue two separate contracts for each property object.

Are there any features of this type of contract when it is conclosed between legal entities?

Features legal regulation And special requirements for a preliminary contract for the sale of land plot in law are not contained. Preliminary contract between legal entities With the relationship on the sale of a land plot consists of general rules Civil Code.

What requirements does the law establish the law for this contract?

We provide a comment on the basic rules of land and civil codecs of the Russian Federation regarding such a contract when selling land plot.

1. According to the prior agreement, the parties only agree to transfer land in the future, while the transfer of the very land plot to the property is not the subject of this contract.

2. Land plot is real estate, transfer of ownership real estate subject to state registration. However, despite the requirement of the law on concluding a preliminary agreement in the same form as the main contract, such a contract for the sale of the site is not subject to state registration, since the State Registration is not part of the form of the contract, besides, the registration of the contract itself during the alienation of real estate has been canceled In the course of the reform of civil law.

3. The parties to the contract should also be compiled and sign three copies of the contract for the implementation of the transaction - one of each of the parties and one copy should remain in Roserestre.

4. Due to the fact that the preliminary contract must contain all the essential conditions of the main contract, when selling a land plot, it should contain information:

5. The object of the main contract for the sale of land plot is only such a plot that has passed cadastral records (together with the survey, introducing information in the inventory and other procedures) and which there is a cadastral passport. However, a preliminary contract for the sale of land plot does not require.

6. The parties have the right to independently determine the term of concluding the main contract, if it is not provided for by the contract, it is believed that one of the parties has the right to send the main contract during the year.

To implement such a right, it does not have a legal importance, whether another side will receive such a sentence. This question is regulated by the standards for legally significant messages.
When evading the other party, it can be applied to the conclusion of the contract in judicial order.

yurist-ekaterinburg.ru.

Blank Preliminary contract purchase of sales at home and land

g. _________________ «___» _________ ____

We refer to the following - the seller, in the face of ___________, acting ___ on the basis of ___________, on the one hand, and _______________, we refer to the future - the buyer, represented by ____________, acting on the basis of _____________, on the other hand, have concluded this Agreement on the following.

1. THE SUBJECT OF THE AGREEMENT

1.1. The parties undertake to conclude a sales contract in the future (hereinafter referred to as the main contract) of the land plot, the main conditions of which parties are defined in this preliminary contract.

1.2. The main contract must be enclosed by the parties within _________ from the moment of signing this preliminary contract.

2. Basic conditions of the main contract

2.1. According to the main contract, the Seller undertakes to transfer land plot to the ownership of the buyer (hereinafter referred to as the Plot), and the Buyer undertakes to take a plot and pay the price provided for in the contract.

2.2. The cadastral area plan is given in Appendix N 1, which is an integral part Preliminary contract.

2.3. At the time of the preliminary contract, the site belongs

Seller on the right ________________________________________.

(specify the guidelines)

2.4. Location of the site: _________________________________.

2.5. Cadastral site number: _______________________________.

2.6. Plot area: ____________ ha.

2.7. Registration number of the site: ___________________________.

2.8. Target Position: ______________________________.

2.9. Explosions of the land plot: __________________________.

2.10. Limitations of use: ______________________________.

2.11. Quality properties of the Earth: ____________________________.

2.12. Non-information: ____________________________________.

2.13. The cost of the plot is monetary sum In the amount of __________ (_________) rub.

2.14. The cost of the land will be paid by the buyer in the following order:

2.14.1. During _____ from the date of the conclusion of the preliminary agreement, the Buyer undertakes to pay the seller as an advance amount constituting __________.

2.14.2. The amount specified in paragraph 2.14, reduced to the amount paid by the buyer of the advance, will be listed directly to the seller within _______ days from the date of signing by the parties of the main contract.

2.15. The seller must:

2.15.1. Before concluding the main contract, provide all the documentation available on this land plot.

2.15.2. For its part, to fulfill everything you need to ensure the transfer of ownership of the plot under the main contract for the name of the buyer.

2.16. The buyer must:

2.16.1. Make all the actions necessary to conclude the main contract.

2.16.2. For its part, to fulfill everything you need to ensure the transfer of ownership of the plot under the main contract for the name of the buyer.

2.16.3. Pay the value of the site in the manner and within the deadlines provided for by paragraph 2.14 of this preliminary and major contracts.

2.17. The Seller is considered to have fulfilled its obligations to transfer the site to the property of the buyer after the actual transfer of the land plot to the ownership of the buyer, signing the transfer act and the transfer of ownership of the site to the buyer.

3. Responsibility of Party

3.1. In the event that one of the parties will shy away from the conclusion of the main contract, the evading party will have to reimburse the conscientious side of the losses caused to such evasion. In addition to losses, the evading party should pay the conscientious side a fine of _________.

3.2. Reimbursement of damages and the payment of the fine does not affect the right of each Party by virtue of paragraph 4 of Art. 445 of the Civil Code of the Russian Federation to apply to the court with a requirement to conclude the main contract.

4. Resolution disputes

4.1. All disputes and disagreements that may arise between the parties on the issues that have not found their permission in the text of this preliminary contract will be resolved through negotiations on the basis of the current legislation of the Russian Federation and the customs of business turnover.

4.2. If unresolved in the process of negotiations, controversial disputes are permitted in court in the manner prescribed by the current legislation Russian Federation.

5. Final provisions

5.1. This preliminary agreement comes into force from the moment of signing by its parties and is valid until they fulfill their obligations on it.

5.2. The preliminary contract is made in two copies, one for each side. Each of the copies of the contract has equal legal force.

Sample preliminary contract for the sale of a residential building.

Below is the case template for intent for carrying out the purchase and sale of a residential building without a land plot on which it is located. Such transactions are committed in the event that the land plot under residential house The property is not issued, that is, it is leased or the right to it is not at all settled. This example of a contract for the sale of the house includes the entire volume of agreements and the obligations necessary to make a transaction of the purchase and sale of a residential building. You only need to replace the text highlighted in red to these corresponding to your purchase and sale of a residential building, print an agreement in 2 copies and assure the signatures of the parties (sign).

Preliminary contract of sale
residential building

Kaliningrad region
city Nesterov

Two thousand seventeenth year
february 10

I, Citizen of the Russian Federation: Andrey Andrei Andreevich, 02.02.1981 Birthday, Place of birth: Caluga Caluga region, Russia, which has a passport 10 10 202020, issued 11.11.2011 by the Department of the Federal Migration Service of Russia in the city of Chernyakhovsk, Division code 312-007, living at: Kaliningrad region, city of Chernyakhovsk, ul. Chernyakhovskaya, house 10, square. 10, referred to as the "Seller", and

I, Citizens of the Russian Federation: Antonova Antonina Antonovna, 02.02.1981 Birthday, Place of birth: M. Nesterov Kaliningrad region, Russia, which has a passport 10 30,103030, issued 11.11.2008 of the Federal Tax Service of Russia in Nesterov of the Kaliningrad region, Division code 312-010, staying at: Kaliningrad region, Nesterov city, ul. Nesterova, house 2, square. 2, hereinafter referred to as the "Buyer", concluded this Treaty on the following:

1. "Seller" undertakes to sell, and "Buyer" to buy in the property owned by the residential building, with a total area 73.52 (seventy three whole fifty two tenths) square. m.Located on the land plot with cadastral number 39: 000 area of \u200b\u200b600 sq.m. by the address: Kaliningrad region, city of Nesterov, ul. Chernyakhovskaya, House 9 (nine).

3. The specified residential building is sold by the "Seller" "Buyer" for 2 000 000 (two million) rubles . The sale price of the specified residential building is contractual and true, any other documents in which the other selling cost of this residential building is recognized as invalid.

4. The calculation between the "seller" and "buyer" will be produced in the following translation: part of the cost of a residential building in the amount of 100,000 (one hundred thousand) rubles is transmitted to the "seller" as a prepayment, when signing this contract, and the remainder of the cost of a residential building , in the amount of 1,900,000 (one million nine hundred thousand) rubles will be transferred to the "buyer" by the "buyer", when signing the main contract for the sale of a residential building.

5. The "seller" guarantees that at the time of the execution of this agreement, the specified residential building is not given to anyone, not sold, is not laid, in the dispute under arrest / prohibit / not consisting and is free from any rights of third parties. "Seller" is responsible for concealing information about finding a real residential building under prohibition or pledged.

6. Prior to the conclusion of the main contract for the sale and purchase of a residential building "Seller", it is forbidden to alienate, to pass in the hiring, to be launched or otherwise transferring the rights to the above residential house to third parties.

7. Transfer of a residential building, in accordance with Art. 556 of the Civil Code of the Russian Federation will be made according to the transfer act, on the day of signing the main contract for the sale of a residential building, with a mandatory presentation by the "seller" "buyer" of keys from the entrance door.

8. "Seller" undertakes to convey the above residential building in a qualitative condition, as it is at the time of signing this Agreement, suitable for accommodation, not burdened by communal payments. In case of detection of debts on the above payments, the responsibility for their payment falls on the "seller".

9. "Buyer" will acquire ownership / possession, use, orders /, on the specified residential building in accordance with the prisoner, no later than 04.11.2017, between the parties, the main contract of sale.

10. This Agreement contains the entire amount of agreements between the Parties regarding the subject of this Agreement. The content and meaning of this Agreement to the parties are understandable. The responsibility and rights of the parties not provided for by this Agreement are determined in accordance with the current legislation of the Russian Federation.

11. All changes and additions to this Agreement are considered valid if they are committed in writing, they are signed by representatives of each party.

12. All costs of making a purchase and sale transaction of this residential building, including the cost of registration necessary package documents carrying "buyer".

13. This Agreement was drawn up and signed in two genuine copies having the same legal force, one of which remains from the "seller", the second from the "buyer" and comes into force from the date of its signing by the parties.

14. Parties confirm that they acquire and carry out their civil rights His will and in its interest, are free to define any, which do not contradict the legislation, the terms of the contract, in legal capacity and legal capacity are not limited, under guardation and guardianship are not consistent, according to health, they can independently carry out and protect their rights and fulfill duties, do not suffer from diseases ( Including a mental disorder) that prevent the essence of the contract and the circumstances of its conclusion, and are also not in a different state, when they are not able to understand the importance of their actions and manage them that they have no obligations forcing the transaction on extremely unable to Himself conditions.

money in sum 100 000 (one hundred thousand) rubles "Seller" got completely:

To compile a contract, you need to download a sample preliminary contract for the sale of a residential building on a computer, open the downloaded file and change the text highlighted in red.

Sample preliminary contract for the sale of houses with a land plot.

Below is a preliminary agreement template for the purchase and sale of a residential building with a land plot on which it is located. Such transactions are committed in the event that the land plot and the residential house located on it are owned by the Seller.

Preliminary contract of sale
land plot and located on it of a residential building

Kaliningrad region
city of Ozersk

I, Citizen of the Russian Federation: Ivanov Ivan Ivanovich, 03.03.1992 born, place of birth: the city of Ivanovo Ivanovo region, Russia, which has a passport 00 00 200000, issued on 03.03.2011 by the Department of the Federal Tax Service of Russia in the city of Ivanovo Ivanovo region, Division code 342-017, living at: Kaliningrad region, city Ozersk, ul. Ozerskaya, house 11, square. 11, hereinafter referred to as the "Seller", and

I, Citizens of the Russian Federation: Frolova Faina Franovna, 04.04.1984 Birthday, Place of birth: city Ozersk Kaliningrad region, Russia, which has a passport 01 01 103030, issued 09.09.2006 of the Odd of the Ozersky District of the Kaliningrad region, Division code 392 -019, staying at: Kaliningrad region, Nesterov city, ul. Nesterova, house 3, square. 3, hereinafter referred to as "Buyer", concluded this Treaty on the following:

1. "Seller" undertakes to sell, and "Buyer" to buy in the property owned by the "seller" a land plot with cadastral number 39: 00: 000000: 1, area of \u200b\u200b1563 (one thousand five hundred sixty-three) square. m, land category - land settlements, allowed use - under an individual residential building, as well as a residential building located on it, with a total area of \u200b\u200b60.8 (sixty and eight and eight tenths) square. m, located at: Kaliningrad region, city Ozersk, ul. Chernyakhovskaya, house 19 (nineteen).

2. The specified residential building belongs to "Seller" on the right of ownership on the basis of: contracts of sale from November 20, 2001, the Nesterov prisoner in the city, as in the USRP for real estate and transactions with it 05.12.2001, registration of registration No. 39- 39/053 / 34-345, on the basis of which 05.12.2001, the establishment of justice for the Kaliningrad region issued a certificate of state registration of right No. 39-AA No. 234324.

3. The specified land plot belongs to the "Seller" on the right of personal property, on the basis of: contracts for the sale of land plot concluded with the administration of the "Ozersky City District" of the Kaliningrad region dated 09.06.2009. Resolutions of the head of the "Ozersky City District" No. 001 of January 23, 2009, as in a single state register of rights to real estate and transactions with it, 07/20/2009, recorded registration of right No. 39-39-90 / 133 / 2009-001 and Certificates of state registration of the right of 39-AA No. 000003 of July 20, 2009 were issued.

4. The specified land plot is sold by the "seller" "Buyer" for 200,000 (two hundred thousand) rubles; The residential house located on it is sold to the "buyer" for 800,000 (eight hundred thousand) rubles, which is 1,000,000 (one million) rubles in total. The selling price of the specified land plot and the residential building located on it is a contractual and true, any other documents in which the other sales value of this land plot and the residential building located on it are invalid.

5. The calculation between the "seller" and "buyer" will be carried out in the following order: a part of the value of the above real estate in the amount of 100,000 (one hundred thousand) rubles is transmitted to the "seller" as a prepayment, when signing this Agreement, and the remaining part of the land plot And the residential building located on it, in the amount of 900,000 (nine hundred thousand) rubles will be transferred to the "buyer", when signing the main purchase and sale agreement.

6. The "seller" guarantees that at the time of the present agreement, the specified residential building and the land plot are not given to anyone, not sold, are not laid, in the dispute under arrest / prohibit / do not consist and are free from any rights of third parties. "Seller" is responsible for concealing information about finding real estate under prohibition or pledged.

7. Prior to the conclusion of the main sale of sales sales contract, it is forbidden to alienate, to lease, to invaluate or otherwise transfer the rights to the above property to third parties.

8. Transfer of land and located residential house, in accordance with Art. 556 of the Civil Code of the Russian Federation will be made on the act of acceptance and transmission, on the day of signing the main contract of sale, with the mandatory presentation by the "seller" "buyer" of keys from the entrance door.

9. "Seller" undertakes to convey the above residential building in a qualitative state as it is at the time of signing this Agreement, suitable for accommodation, not burdened by communal payments. In case of detection of debts on the above payments, the responsibility for their payment falls on the "seller".

10. "Buyer" will acquire ownership / possession, use, orders /, on the specified land plot and the residential building located on it in accordance with the prisoner, no later than 04.11.2017, between the parties, the main contract of sale.

11. This Agreement contains the entire amount of agreements between the Parties regarding the subject of this Agreement. The content and meaning of this Agreement to the parties are understandable. The responsibility and rights of the parties not provided for by this Agreement are determined in accordance with the current legislation of the Russian Federation.

12. All changes and additions to this Agreement are considered valid if they are in writing, signed by representatives of each party.

13. All costs of making a purchase and sale transaction of this residential building, including the cost of execution of the necessary package of documents, the parties pay equally.

14. This Agreement was drawn up and signed in two genuine copies having the same legal force, one of which remains from the "seller", the second from the "buyer" and enters into force from its date of signing by the parties.

15. Parties confirm that they acquire and carry out their civil rights to their will and in their interest, are free to define any, which do not contradict the legislation of the treaty, in legal capacity and capacity is not limited, do not consist, under guardianship and trusteeship, they can independently carry out and protect their rights and execute duties, do not suffer from diseases (including mental disorder), impeding to realize the essence of the contract and the circumstances of its conclusion, and are not in other state when they are not able to understand the meaning of their actions and lead them that They have no obligations forcing the transaction on extremely unable to themselves.

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House and land: Preliminary sales contract

Compiled and signed preliminary agreement - a guarantee that the house selected for acquisition will not be suddenly sold to someone else and its value will not rise suddenly. For the seller, these are also certain guarantees. First, the potential buyer will not disappear suddenly, without informing that he has changed and found another option, secondly, the amount of money is made, and is clearly prescribed, when the fact of the purchase and sale of a residential building occurs in what order Land plot.

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Essence of the document

From the contract for the sale of the house with a land plot, a preliminary contract is characterized by the fact that it does not need to be registered in the State Register. The warranties that this document gives are based on agreed and prescribed conditions that do not provide for any additions. Blank and sample contract can be taken on official portals or from specialists. If a potential buyer for any reason wants to cancel an agreement, under the terms of the preliminary contract, it undertakes to pay monetary compensation to the seller.

Based on the foregoing, making a preliminary agreement for the purchase and sale of a residential or non-residential house with a land plot, it is necessary to take very carefully to all its items. In order for the document to be legal force, it needs to be issued correctly. It must have certain maintenance.

Important features of acquisition

All contracts for the sale of real estate objects in their structure and principles of compilation are almost the same. The form and sample of such a document differ insignificantly. By law, it is impossible to sell a private house without land on which it is built. This is the main difference between such a document. In the contract, it is necessary for a separate point to indicate and designate the fact that the earth is sold with the house. Also in the text of the Agreement include all information from the right-ending documents for land, together with the characteristics of the designated territory.

Information about the site and the house is divided and indicated separately. Not written total area Earth with rooms, and separately, with applications of plans and documents for each object of real estate. The same rule applies to the indication of the value of the sold real estate. This means that the following items must be separately in the contract:

• The total price of the object (houses with earth);
• The price of the house is separate from the ground;
• The price of land is separate from home.

Worth paying attention

When signing the preliminary contract for the sale of real estate object, it should be especially careful about the deposit abandon. According to russian legislation, The very concept of a deposit is part of the main contract. In the preliminary agreement, it is not provided. If for any reason the transaction will not be implemented, the deposit is not returned.

An important point is to comply with the conditions of the preliminary contract. In case of non-compliance, there are any of the parties to file statement of claim To court and demand the payment of monetary compensation.

Also, do not hurry with the signing of a preliminary agreement if the house sold is in the stage of unfinished construction, since such a document may not always be considered legitimate. This is due to the fact that the property with registered rights registered on it does not mean, it means that the subject of the transaction cannot be.

Our articles tell about typical ways to solve legal issues, but each case is unique. If you want to know how to solve your problem - please contact the online consultant form.

If you want to know how to solve your problem - call us by phone. It's fast and free!

An example of a preliminary sales contract for the sale of the house Sample 2018

Preliminary agreement

purchase and sale of a residential building

___________________ Moscow Region "___" _________ 201_

19__ G. Birth, Passport _____ __________, issued "___" _________ 200_ OVD G. ____________________ Moscow Region, living at the address: Moscow region, _______________, ul. ___________, house __, square. __, referred to as the seller, on the one hand,

and c. __________________________________________________________________________ ()

_________________________________

____________________________________________________________________________________

____________________________________________________________________________________

in the future, the buyer, on the other hand, being in the right mind, clear memory, acting voluntarily, concluded this Agreement on the following:

1. Subject contract
   • The parties undertake to conclude to "___" __________ 201_ year of the contract of sale of the house (hereinafter - the "main contract") of a residential building, the main conditions of which parties are defined in this preliminary contract.

1. Main conditions of the main contract

2.1. According to the main contract, the Seller undertakes to transfer to the ownership of the buyer a residential building further - "Object", and the buyer undertakes to accept the object and pay for it the price provided for in the contract.

2.2. Residential building with economic buildings is located at: Moscow region, ________________ District, _________________ Rural district, village _____________, house _ (_________). This residential building with economic buildings has conditional No. ____________________ and consists of a main log structure with economic buildings, a total area residential premises _____ (______________________) sq.m., including living ______________________ (_______________________) sq.m, inventory number ________________, litera: "A" (residential building), "a" (veranda), "A1" (veranda), " G »(Saray)," G1 "(Sarai)," G2 "(restroom)," g3 "(restroom)," g4 "(shed)," g5 "(garage), №1 (fence).

2.3. The object is located on the land plot, the total area of \u200b\u200bwhich is ______________ (_________________) sq.m. Cadastral number of the site _______________________, Land category: Earth settlements provided for individual housing construction.

• The object belongs to the seller on ownership, on the basis of a certificate of the right to inheritance by law from __ ____________ 200_, registered in the registry for № ______, issued __________________________, the notary of the city ______________ and _________________ district of the Moscow region. In accordance with Art. 131 of the Civil Code of the Russian Federation The ownership of the seller on a residential building is registered in a single state register of rights to immovable property and transactions with it, about which __ ___________ 200_ year recorded registration No. _______________________________.
• The actual inventory value of the entire residential building with economic buildings is _________ (_________________________) rubles, which is confirmed by the extraction of technical passport on home ownership number ____________ issued by state unitary enterprise Moscow Region "Moscow Regional Bureau technical inventory»____________ BRANCH __ __________ 200_, the action of which extended from __ __________ 200_ year.
• The parties came to the Agreement that the object was sold for _____________ (__________________________________) rubles. Price Agreement is essential condition actual agreement.
• The cost of execution and registration of the object purchase and sale of an object is not included in the specified amounts.
• The cost of the object will be paid by the buyer in the following order:
  • During ___ (_________) days from the date of the conclusion of this preliminary agreement, the buyer undertakes to pay the seller as a deposit amount of ____________ (______________________________________) rubles, in accordance with the agreement on the task concluded between the parties, which is an integral part of this Treaty of sale of the sale at home.
• The buyer is satisfied with the qualitative state of the purchased real estate, which is established by its inspection in place before the conclusion of this Agreement, and did not find any defects and deficiencies in the inspection, which sellers did not report.
• The object with the rights of third parties is not burdened. Restrictions in use - use for the allowed destination.
• Prior to the signing of this contract for the sale of the house, the residential building is not sold to anyone, not donated, not laid, not burdened with the rights of third parties, in the dispute and under arrest (prohibition) does not consist, not transferred to Rent, rent or other use.
• With the content of articles 131, 167, 209, 223, 288, 292 of the first part of the Civil Code of the Russian Federation, Articles 549-558 Parts of the Second Civil Code of the Russian Federation, Articles 37, 40, 42, 43 of the Land Code of the Russian Federation, Articles 34 and 35 of the Family Code of the Russian Federation Party Introduced.
• Buyer in accordance with Art. 551 of the Civil Code of the Russian Federation acquires ownership of the above property since the state registration of the transition of ownership.
• The parties confirm that they are not deprived of legal capacity, do not consist under guardianship and trusteeship, do not suffer from diseases that impede the essence of this contract, as well as that there are no circumstances for entering into concluding this agreement on extremely unprofitable conditions for themselves.
• In accordance with Art. 556 of the Civil Code of the Russian Federation in the transmission of the above property, the parties are drawn up and the transmission act is signed.
• Costs for state registration and registration of this contract, payment of the rented deposit safe of the cell carries the buyer.
• Costs for recalculating and authentication moneyThe seller placed in the leased deposit safe brings the seller.
• The parties came to the agreement that the object of the purchase and sale of an object is drawn up, in a simple - writing in three copies that have the same legal force, which are signed by either directly by the sellers and the buyer, while the cadastral passport of the facility is made to the copies of the sale contracts.
• The calculation between the parties is made as follows: the funds specified in paragraph 2.6 of this Agreement, minus the deposit, will be kept in the rented jointly by the seller and the buyer of a deposit safe, rented in CJSC «___________________, in a specially protected area At: ___________, Moscow region, city _______________, Street ____________, house ____. Deposit safe is rented for two months.
• The parties agreed that the Seller gets access to the specified cash stored in the Deposit Safety Improvement by the Seller and the Buyer, unilaterally after registering the purchase and sale agreement in the Office of the Federal State Registration Service, Cadastre and Cartography on the Moscow Region on the basis of an extract from the Unified State The register of rights to real estate and transactions with it, where is certified that the owner of the specified object is cons. _________________________________________________________________________________ (Full name, date of birth, passport details)

____________________________________________________________________________________

• The parties agreed on the obligatory mention of the main agreement set out above the procedure for calculating the contract.
• The parties at their discretion determine the date and time of signing the contract of sale of the object. The signing of the contract for the sale of an object must precede the bookmark of funds in accordance with paragraph 2.6. This Agreement in the Deposit Safety Deposit Booge is rented jointly by the Seller and the Buyer. In any case, the last day of signing the contract of sale of the object is "___" _________ 201_. If before "___" ____________ 201_, the contract of sale of the object will not be signed, then the parties agree on the meeting "___" ________ 201_ in the room for negotiations, the office in the city ____________ at the address: _____________, Moscow region, city _______________, Street _____________, house __ at 12:00 am to resolve issues that have arisen.
• After laying a cash in a deposit safe and the signing of the contract for the sale and purchase of the object, the seller betrayed the buyer all copies of the sale and purchase of the facility, as well as the right-pointing documents for the object and certificate of ownership, is receiving a receipt of the Office of the Federal State Registration Service , Cadastre and cartography on the Moscow region that the seller for registration of the contract for the sale of the facility was handed over to the object of ownership of the object, the advantage of the documents for the object and its copies of the contract for the sale of the facility.
• In case of refusal to manage the Federal State Registration Service, Cadastre and Cartography in the Moscow Region in the Moscow Region in the registration of the contract for the sale of the facility and the transition of ownership for any reason, two weeks before the expiration of the lease of the deposit safe, the buyer and the Seller receive the right to jointly access Deposit safe. During joint access to the safe, the buyer has the right to pick up its money from the safe, and the seller receives from the buyer all copies of a non-registered contract for the sale of the object, and the act of mutual claims can be drawn up.
• Responsibility and rights of the parties not provided for in this Agreement are determined in accordance with the legislation of the Russian Federation.

1. Responsibility of side

3.1. In the event that one of the parties will shy away from the conclusion of the main contract (paragraph 1.1), provided for by this Agreement, the evasive side will have to reimburse the conscientious side of the loss caused by such evasion.

3.2. Reimbursement of damages and the payment of the fine does not affect the right of each Party, by virtue of paragraph 4 of Art. 445 of the Civil Code of the Russian Federation, to apply to the court with the requirement of concluding the main contract.

1. Resolution disputes

4.1. All disputes and disagreements that may arise between the parties on issues that have not found their permission in the text of this contract will be resolved through negotiations on the basis of the current legislation of the Russian Federation and the customs of business turnover.

4.2. With the settlement of controversial issues in the process of negotiations, disputes are permitted in court in the manner prescribed by the current legislation of the Russian Federation.

5. Force Majeure

5.1. The parties are exempt from liability for non-fulfillment of obligations under the contract, if this failure was due to the circumstances of force majeure (force majeure), namely: fire, flood, earthquake, military actions, etc., provided that these circumstances have affected directly on Performance of the terms of the contract. In this case, the term of execution of contractual obligations will be extended at the time of the specified circumstances.

5.2. The party that is not able to fulfill its contractual obligations, immediately informs the other side of the start of the actions of the specified circumstances, but in any case no later than 5 (five) days after the start of their actions.

5.3. If these circumstances continue over 14 days, each Party may propose to terminate the contract. In the event of termination of the contract for the grounds provided for in this article, none of the parties have the right to demand the compensation of its losses from the other side. At the same time, the parties will produce the necessary settlements that suggest the obligations executed under the contract and the return of the funds listed earlier for unfulfilled, due to the onset of the circumstances of force majeure, obligations.

1. Final provisions

6.1. This Agreement comes into force from the moment of signing by its parties and is valid until "___" ________ 201_ inclusive.

6.2. This contract is made in two copies, one for each side. Each of the copies of the contract has equal legal force.

6.3. The assignment of the rights of claim for this Agreement is allowed only with the consent of the other party.

6.4. Notifications of Parties under this Agreement can be made in writing to the following addresses:

• For the buyer: ____________________________________________________. Indicating for ____________________________________.
• For the seller :: ____________________________________________________. Indicating for ____________________________________.

6.5. Any messages are valid from the date of delivery at the relevant address. In case of changes in the addresses to notify one of the parties, it is obliged to immediately notify the other side of this, provided that only the address in Moscow or the Moscow region can be such a new address for correspondence. Otherwise, the direction of correspondence by the party is still the address to be considered a proper performance of obligations under the Agreement.

1. Signatures of the parties

Seller:

Buyer:

(date, signature, surname, name, patronymic, fully)

A preliminary house of buying a house is a document that requires a seller and buyer to conclude a basic real estate purchase deal. The parties often sign such a document to describe all the terms of the main agreement, and be sure that the transaction will take place.

To compile a preliminary contract, it is important to determine what it is necessary for what it is necessary. This part parties can sign in order to:

• consolidate the price of real estate for the search for funds for purchase;
• win the time for making missing documents;
• determine the conditions for the conclusion of the transaction after removing the encumbrances for real estate.

How to make?

The preparation of the contract occurs according to the following algorithm:

1. The parties discusses the conditions and make up the primary draft treaty.
2. Eliminate the inaccuracies of the project and additions are made.
3. Signs a contract.

The preliminary agreement is not subject to registration in the state. organs, but can be certified in a notarial office.

Notarization helps to avoid legal inaccuracies and allows you to get additional guarantees.

Draft agreement

The project agreement defines primary conditions that may change in the following cases:

• when checking the draft agreement with lawyers;
• when removing burdens in the preparation process for the transaction;
• when it changes market value at home.

The project is a draft, and the preliminary contract for the purchase of a house after signing has a full-fledged legal force in accordance with civil and housing legislation.

Experienced lawyers may find items in a preliminary contract, in which this document will be insignificant, so such items should be excluded at the draft project. The elimination of encumbrance will also require the adjustment of the conditions.

It is important to consider that changing the purchase price of the house in the upcoming deal is possible only at the stage of working on the draftSince in the preliminary contract the price is fixed.

Sample

Every purchase of housing is individual, but exist typical samples preliminary agreements whose conditions are required for any type of transaction. A typical preliminary contract for the purchase of a private house must contain the following items:

• full name and data of the passports of the seller and the buyer;
• subject of the transaction;
• mailing address at home;
• cadastral I. inventory numbers;
• details of discharge from EGRN on the Rights of the Seller to the House;
• price and calculation procedure;
• rights and obligations of counterparties;
• dispute resolution rules;
• encumbrances;
• place and date of conclusion of the future deal;
• additional conditions.

As the subject of the transaction, the seller's intention to transfer the residential house of the buys side for monetary remunerationdefined by the parties.

The price is indicated in the ruble numbers and in words, and also refers to the payment method (cash, bank transaction, relatives).

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The duties of the selling parties include the transfer of a residential building and the documents on it to the buyer on the transfer act, as well as the receipt of funds and participation in the registration of the purchase in Rosreestre. The obligation of the buyer applies to the seller of the agreed amount on the appointed day and the adoption of the house.

When listed the encumbrances, it is important to indicate:

• the number of persons registered in the house;
• lack of arrest of house or finding him in a pledge;
• the absence of hereditary or other disputes about the affiliation of the house;
• the legality of the privatization of the house, as well as its construction.

The absence of encumbrances is confirmed by the details of extracts from EGRN on the rights to the house, resolution for the construction and commissioning of the house and certificate from the notary on the absence of arrest or judicial order On the limitation of the turnover of this property.

If the date of conclusion of the main transaction is not specified, then such a transaction must be made no later than 12 months after signing the preliminary contract.

It is also important to indicate the method of transferring real estate to the buyer and information about the transfer act (whether it is embedded in the main contract or decorated in the form of a separate document).

The list of accompanying papers in additional conditions usually belongs powerports to the house and the plan for a number explication, as well as the land plan of the land plot - if it is transmitted together with the house.

Free download

Before downloading the blank of the preliminary contract you need to choose which type of transaction is to be performed. The main types include the following:

• buying a house;
• buying a share of the house;
• buying a house with a male;
• buying a house with an advance;
• buying a house through the Sberbank mortgage.

Only type forms are presented, in individual cases, when drawing up a preliminary contract, a lawyer will need consultation.

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Preliminary purchase of a share of the house

Buying a share means that only part of the building is passed to the buyer, not allocated in nature. When buying a share in the preliminary agreement, the following additional conditions are envisaged:

• list of owners of other shares of the house;
• the value of the selling fraction in the form of a simple fraction;
• list of uninsulated common premises, alienated with a share;
• the price of each share - when selling several pieces.

When selling the share of a private house, the written consent of all properties of real estate, certified by the notary.

Uninsulated common rooms include corridors, kitchen and bathroom - access to these premises is maintained by all owners of the rest of the house. The list of common premises and has access to them is given in a separate preliminary agreement paragraph.

House with deposit

The deposit is one of the ways to provide counterparties additional guarantees in the fact that the main transaction will be performed.

The deposit is called a part of the transaction amount, which remains from the seller when canceling the transaction by the buyer or is transferred to the buyer in a double size when the transaction is canceled by the seller.

When using a deposit, the text of the document is complemented by the following items:

• deposit size;
• on the period of return of the deposit when the transaction is not off;
• on the method of transmitting a deposit.

The value of the deposit is determined in the preliminary contract by the parties and is usually 5-10 percent of the purchase price.

House in the mortgage through Sberbank

In such a document, the parties record all the conditions that will be performed in the case of approval mortgage loan Sberbank. Credit experts are verified by prior contract the following points:

• seller's solvency;
• the presence of burdens on the house;
• the presence of conditions contrary to civil law.

If the document is for Sberbank, additionally indicates the estimated cost of the house established by independent experts or the Bank himself, as well as the amount to be paid in cash and the amount expected from the bank as a loan.

It is necessarily indicated by the condition according to which after the signing of the main agreement and the transition of the property rights, the bought house will be pledged at Sberbank.

In some cases, the condition is indicated about the letter of credit that allows parties to provide additional guarantees.

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When using a letter of credit in the preliminary contract, it is additionally indicated:

• amount of letter of credit;
• the return period of the letter of credit to the buyer when the transaction is canceled by the seller;
• the time of receipt of the letter of credit to the seller after registering the transfer of rights.

The letter of credit in Sberbank is an analogue of a deposit, but the amount is not stored with the seller, but in a bank on a non-cash account.

Such an agreement allows not only to consolidate the terms of the transaction at a postponement of the purchase, but also necessary for the approval of the mortgage in any commercial bankAnd the appeal to qualified lawyers will help avoid contradictions in the context of the agreement.

In ensuring the implementation of the main contract of sale, a preliminary contract for the sale of the house is often compiled. The preliminary contract indicates the main parameters and characteristics of the future transaction.

Why do you need a preliminary contract

As a rule, a preliminary contract for the sale of the house is drawn up to document the intentions of the parties in writing in the future the transaction to alienate the house. In ensuring the fulfillment of liabilities, a deposit agreement can also be compiled.

In accordance with the Tagging Agreement, in confirmation of its intentions, the potential buyer transmits the seller to the Seller, and the Seller undertakes to make certain actions and in the specified parties to the date and time to conclude a deal on the alienation of the house.

It is the right and obligations of the parties that the transaction price and the procedure for its implementation are indicated in the preliminary contract for the sale of the sale at home. In the event that one of the parties, for some reason, will not come to the transaction, then the other party may require the fulfillment of obligations in court (forced to make a transaction) or to obtain monetary compensation in accordance with the terms of the deposit agreement.

In the preliminary contract you must specify

First of all, it is necessary to describe the property: Cadastral (conditional) room, address of the location, area of \u200b\u200bpremises, the material from which house is built, the availability of communications: gas, light, heating, sewage, etc., existing encumbrances, the rights of third parties, The presence of citizens registered on this area.

If, any of the parties should be made by the time of the conclusion of the main sale of sale of certain actions (pay gas debt, electricity, collect required documents Etc.), then these circumstances are also reflected in the preliminary contract.

An essential condition for the conclusion of the contract is the price of a transaction. The price of the transaction is necessarily indicated in the preliminary contract of sale in order for it to be able to be changed by one of the side unilaterally.

The price of the contract may also be indicated in conditional units (currency of another country) and subject to payment to the seller per day specified in the preliminary contract for sale of the house for the course Central Bank RF for the day of payment. If payment occurs in installments, it is advisable to also approve the debt repayment schedule.

Form drawing up contract

A preliminary sales contract for the sale of the house is drawn up in simple writing, in the number of copies equal to the number of parties on the transaction. Since this contract is preliminary, it is not subject to mandatory state registration. By agreement of the parties, the cadastral passport of the house may be purchased to the preliminary contract of sale.

Located below the preliminary contract for sale of the house can be downloaded by you absolutely free and used at your discretion, you can also contact us and we will make a similar preliminary contract personally under your situation.

Preliminary contract purchase and sale agreement

___________________
Moscow region "___" _________ 201_ year.

C. ___________________________________________, hereinafter referred to as the seller, on the one hand,

and gr .__________________________________________

(Full name, date of birth, passport details living)
_____________________________________________________________________

the buyer hereinafter referred to as the current preliminary agreement on the following:

1. The Subject of the Agreement

1.1. The parties undertake to conclude to "___" __________ 201_, the main contract for the sale of the house (hereinafter - the "main contract"), the main conditions of which parties are determined in this preliminary contract for sale at home.