Conclusion standardsPreliminary contract of saleit is contained in opens in the new tab. "\u003e Art. 429 of the Civil Code of the Russian Federation. PDKPmust contain all the data and details of the parties, as well as all the essential conditions of the future transaction.PDKPnowhere is recorded and can be changed by agreement of the parties or unilaterally (if such a condition is reflected in it).
Preliminary contracts In real estate transactions there are three types:
- Preliminary agreementfor which some Developerstake money from construction seinvestors, as a payment for the future apartment ( usually, with the simultaneous sale of the company's bill of exchange for the same amount);
- Preliminary agreement Between the seller and buyer of the apartment at, at the request of the creditor bank ( formal document for the Bank's Credit Department);
- Preliminary agreementwho use some real estate agencies when making avansa for the purchased apartment ( as an alternative to an advance agreement).
Consider them in order.
Pre-contract from the developer
Despite the presence of bills ( those. unconditional monetary obligation Developer in front of the buyer), Such a sales scheme creates serious risks for the buyer, but, nevertheless, such a type of contracts is still present in the practice of the market.
Conclusion Developer Preliminary contract for the sale of apartments (PDKP) in itself violation of the law is not, but its peculiarity is that he is only fixes intentions of Party , and does not oblige them to perform the outlined. Those. Such an agreement does not oblige Developertransfer the apartment to the property of the buyer, and the buyer, in turn, does not occur rights requirements for an apartment . In case of browse at home, for example, the buyer will be difficult to prove the fact of investment in the construction of housing, he will only qualify for a refund secondary payment.
In addition, PDKPDevelopertechnically, it has the opportunity to sell the same apartment several times different people ( so-called "Double sale").
Question about the conclusion PDKPthe not yet built apartment is controversial from the point of view of lawyers, and contains many complex and not to the end of the nuances clarified by the legislator. In practice, it is quite easy to get away from liability for violation of conditions PDKP.
Analog PDKPw. Developermaybe the so-called that does not change its essence, and is not related to FZ-214..
PDKPrefers to the so-called "Gray schemes" Acquisition of apartments; It allows Developerattract money from the population on the development stage project documentation (before the start of construction), And the buyer makes it possible to buy an apartment at the lowest price.
Preliminary contract for mortgage transaction
Such Preliminary agreement It is primarily in the interests of the bank creditor, because Allows it to formally justify ( for its own statements) Issue to the Buyer to purchase an apartment at a specific address.
At the same time, the bank itself is usually not a party Preliminary contractwhich is directly between the seller and the buyer, but by the pointer and on the terms of the creditor bank.
The purpose of such a contract for the Bank is as follows:
- fix the intention of the buyer to buy this apartment, and the seller's commitment to sell it to this buyer ( the contract fulfills the function of an unsecured obligation, similar to the contribution of advance;
- formalize and fix the conditions of the future transaction of the sale and sale of the apartment to which the bank will allocate mortgage ;
- fix the final price of the apartment, and to distribute how much the buyer is put in the purchase, and how much pays the bank, in the form of a loan;
- determine the method and procedure for calculations between the three parties - the seller, the buyer and the bank ( naly or by non-cash, before registration or after, immediately or parts);
- establish the date of conclusion of the main purchase and sale agreement of the apartment;
- fix the condition for obtaining the bank the right of collateral ( mortgage) on the apartment immediately after
When buying a real estate, on the eve of the design of the main contract, the parties can conclude a preliminary contract for the sale of an apartment with a departure or without it. The document makes it possible to confirm the intention to purchase housing, and when changing life circumstances - to adjust some items or postpone the purchase. Its drawing up is not necessary, but in some cases without a prior contract it is not necessary.
What gives a preliminary contract purchase and sale agreement
In essence, a preliminary contract of sale (PDCP) is an agreement on the conclusion in the future of the main contract under agreed conditions. Registration of the PDCP is advisable under the following circumstances:
- Currently the buyer has enough money to make a purchase. By concluding the PDCP, the seller confirms the readiness to wait for the collection of the missing amount, and the buyer is the willingness to buy property within the prescribed period.
- The inability to arrive personally for the transaction. Sometimes the parties cannot appear on the transaction, and the actions through intermediaries cause suspicions. The design of the PDCP makes it possible to postpone the sale before the arrival of the parties.
- Lack of necessary documents. Registration of some references, for example, the permission of the guardianship authorities for sale may occupy from 2 weeks to 1 monthTherefore, sometimes the parties are extremely necessary delaying transactions for collecting documents.
- Distrust from the buyer. The seller must confirm that the apartment belongs only to him and after the sale will not appear "hidden" owners. To collect evidence in the form of additional references, extracts will be required from 1 to 4 weeks.
The design of the contract is regulated by Art. 429 of the Civil Code of the Russian Federation. According to the law, it must contain the same conditions that will be in the main contract. The foregoing reflects the readiness to buy an apartment at a specified price at a set period of time.
What is the difference between a preliminary contract for the sale of an apartment from the main contract
The main difference between the preliminary and main contract is that the latter does not provide grounds for gaining property ownership. Under the contract does not produce an apartment or money In payment housing. In addition, there are other features to be paid attention to:
- The subject of the Treaty in the PDCP may be described less in detail than mainly. It is enough to specify the exact address. However, if desired, the parties can go into details, indicating the number of rooms, the area and other nuances.
- Despite the specific indication of the price of the apartment in the PDCP, payment during its conclusion is not made. The only thing that may be the parties to agree on the contribution of an advance or a deposit in the amount of the amount under the main contract.
- The default preliminary agreement is valid, after which or is considered invalid by the mutual agreement of the parties, or is terminated in judicial order. The validity period of the main contract is not limited. This means that the parties concluded an agreement on the purchase and sale of the apartment, if necessary, they assured him with a notary and registered in Russia, it is valid until the final fulfillment of obligations. Of course, it may have temporary restrictions, for example, by the period of paying the entire cost of the apartment or a specific date of deposit of residents.
- The preliminary contract must be in writing. Notarization is not necessary. Unlike him, it can also be concluded in a simple form, and in some cases - in the notary (when selling an apartment, a non-affordable, minor citizen or in the case of selling an apartment in dolly ownership). At the same time, the State Registration in Rosreestre is a mandatory procedure.
The PDCP may include additional guarantees of the fulfillment of obligations - an advance or deposit.
Department in the preliminary contract for sale of the apartment
There is a significant difference between the concepts of "advance" and "deposit".
The deposit as accurately corresponds to the criteria for the means of providing the contract. According to Art. 380 Civil Code of the Russian Federation, this is the amount that is issued to one side of the contract to the other party. The deposit is part of the payment intended for the purchase of an apartment. It is made as proof of intent to conscientiously fulfill the contract.
Whatever the amount of the deposit, the agreement on its introduction should be issued in writing.
If there has been a violation of agreements, the introduction of a deposit is threatened with material losses for both parties.
According to Art. 381 of the Civil Code of the Russian Federation, if the obligation to fulfill impossible either the parties themselves came to consensus on the cancellation of the transaction, the deposit can be returned. However, if the buyer refuses to buy an apartment, the departure left to them will remain from the seller. The latter can also incur losses. If the seller takes a deposit and change his mind to sell real estate, it must pay a departure deposit. In addition, the violator of the obligations must compensate to the counterparty incurred losses.
Another common form of payment carried out before the transaction is to conclude an agreement with an advance. It is the percentage of the principal amount of the agreement. In case of termination of obligations, this payment must be returned, but taking into account the costs incurred by the second party.
Example. The seller received an advance - 10% From the cost of the apartment and partially I spent money for issuing documents for sale. The spouse doubted the buyer to acquire an apartment, so the seller returned the buyer only the balance of the advance.
If the amount cannot be attributed to the making, it is considered an advance.
For the buyer and seller, a more preferred form of ensuring the execution of the contract is a deposit (not to be confused, when encumbrance is superimposed). His payment assumes more serious negative consequences In case of violation of PKP points. If, it means, they are not afraid of possible difficulties and are resolutely tuned to the transaction.
Condition for payment of a deposit can be included in a preliminary apartment purchase agreement. Transferring the monetary susso as a deposit, the parties draw out a receipt that the buyer conveyed, and the seller accepted a certain amount, and the word "deposit" should appear in the receipt, otherwise the action will be regarded as advances.
What obliges, the risks of the buyer, the consequences of violation of the contract
The preliminary contract obliges the buyer to acquire an apartment in the future. If he refuses, it risks losing the paid amount of the deposit. Even the beginning of the trial is not excluded. The fact is that according to paragraph 5 of Art. 429 of the Civil Code of the Russian Federation in the event of a violation of obligations, each of the Parties to the Treaty has the right to demand the registration of an apartment for six months from the moment of failure to fulfill obligations.
As for the risks, in the secondary housing market, the conclusion of the PDCP does not carry any lawsuits. Everything is extremely clear and transparent. There is a desire to conclude PDKP - please, the law gives such a right, there is no desire to give any obligations - the contract is not lies. Then, when selling sales, the main contract is immediately prepared.
Risks of the conclusion of the PDCP on the primary real estate market
The greatest risks are associated with the purchase of housing on the PDCP on the primary market. The fact is that the developer should issue a contract with the buyer participation (DDU). According to such a document, the responsible person takes money from the investor (buyer of the apartment), and in response undertakes at the end of construction to conclude a contract, the consequence of the transfer of ownership from the developer to the buyer.
The substitution of DDA on the PDCP means that the Buyer will not have the right to demand the transfer of an apartment to the property to the developer. If the construction turns out to be unfinished, at best the investor will be able to return a security payment.
It should be noted that when designing DDA, the risk of "double sale" is excluded, and the PDKP can be concluded several times. Then there will be several deceived depositors on a completed apartment.
When buying an apartment on the primary PDKP market, it is possible to make it possible only under the condition that physically the apartment already exists, the developer is the owner and intends to sell it. When investing in construction you need to conclude only DDU. Also, you should not trust the developer who proposes to conclude a preliminary agreement of equity participation, since it does not bear the legal consequences similar to DDU.
Where to conclude
You can issue an agreement on the intention to sell an apartment:
- independently;
- using a notary;
- in the real estate agency.
The first method is the cheapest and dangerous, since the slightest inaccuracy of the statements of items that may contain typical contract, turns the PDCP into useless paper. How to make a document correctly, it is necessary to ask the lawyer.
Notary can help competently draw up a document, evaluate the capacity of the parties, confirm that the seller's actions and the buyer are voluntary.
Realtors are mainly operating in the interests of the seller. The protection of the buyer worries them last. In the prevailing majority of cases, the transaction is invited to specify that the buyer contributes an advance, the return of which is extremely difficult.
Does it be obliged to conclude
The design of the PDKP is a voluntary business. If the seller does not want to make an agreement on the intention to make a deal, he can "lose" the buyer who needs such a document. The fact is that when issuing a mortgage, the buyer must provide the bank a written commitment to buy an object under which a large amount of money is issued. The PDCP allows you to conclude a loan agreement.
Do you need to register
The document is not subject to state registration, is not a basis for the transition of ownership.
Validity
Specify the validity of the preliminary contract is not necessary, however, if the buyer (seller) is important that the transaction is committed during a certain period, then it is necessary to specify that the main contract must be concluded, for example, for 6 months. About how much a permanent preliminary contract of sale is approved in paragraph 4 of Art. 429 of the Civil Code of the Russian Federation. By default, the document is valid for 1 year.
As soon as the main contract is concluded, the preliminary loses legal force.
How to properly compile a preliminary contract for sale of the apartment
When drawing up a PDKP, you must remember next:
- the document should clearly define the subject of the contract;
- points are formulated concisely and intelligibly without tolerance of the ability to diverge.
The contract looks like a project of a basic agreement repeating its items and to be conclusion after the established period of time. In coordination of the parties, individual provisions may be changed.
The contract allocate significant and additional conditions.
Salted conditions are counted:
- Information about the sides of the contract: FULL NAME, Passport details, place of residence. If the contract is an attorney, it is necessary to specify its name, number and duration of the power of attorney.
- The subject of the contract is an apartment. The PDCP requires specifying the characteristics to recognize the object. This includes: Location of housing (city Street, House); the number of residential and non-residential m2; the floors of the house in which the apartment is located; number of rooms; Some nuances affecting the decision to purchase. You should also specify a document on the basis of which the buyer managed by property.
- Cost of real estate. The price is required, because its change is a reason for refusing a deal.
- Method of mutual settlements. Parties can agree on cash payments, on non-cash payments, payment by using bank cell Or with the condition to attract mortgage or materials.
- The presence of people eligible for the use of the facility. In the document it is necessary to specify, in what time frames all tenants should be held from registration and leave the room.
- Contract time. It can be specified or not. It is recommended to make clarity, to which date the transaction must be implemented. By its expiration, the contract will be considered invalid.
- Guarantees of the execution of the contract. The advancement of an advance or deposit is stipulated here.
- Costs for the transaction. It should be denoted to whom the costs for a notarized certificate will be assigned, collecting documents. Read more:
- Penalties. The PDCP indicates what punishment is waiting for the impairment of obligations.
These items must necessarily appear in the contract, but at their discretion of the parties can detail the Agreement, adding it to additional points.
Sample (template) of the preliminary contract for sale of the apartment without a deposit
Does the preliminary contract have legal force
Regardless of whether the notarization of the contract was produced, it has legal force and entails legal consequences.
The parties undertake to make a deal, but unpredictable circumstances may cause the abandonment of the past intentions. Then events are developing according to one of the possible scenarios:
- If the priority is expired, and none of the parties declared the intention to conclude the main contract, the PDCP is considered invalid. If desired, one of the parties may apply to extend the term, and the second can accept the offer or refuse.
- If the term does not expire, and both sides are ready to abandon the transaction, the deposit is returned to the same owner. The seller and the buyer make a document-agreement on the termination of the PDCP.
- One side sends another written proposal to terminate the contract. At the same time, the initiator should be prepared to incur a loss in the amount of deposit made (or doubled the amount of collateral). As a rule, it comes to the court only if it fails to resolve inconsistency of a material nature.
It is impossible to underestimate the legal force of the preliminary contract. His conclusion and termination is governed by law. IN judicial practice A lot of cases when the owner was forced to sell an apartment if he had no funds to return a deposit.
How to abandon the preliminary contract
At the stage of signing the contract, each of the parties can simply refuse to conclude it. If the document is already signed, that is, the ability to stop commitments or change the essential conditions (for example, the price of the apartment).
To change the conditions, it is necessary to compile an additional agreement. This is possible only if the second side is not against.
How to return the money
When drawing up a PDCP, it is necessary to clearly specify whether the seller (buyer) really is determined for sale or purchase whether the refusal is possible. If there are some nuances, for example, a counter-transaction is expected, on which the subsequent sale depends, specify the position of making a deposit is not worth it.
I am a citizen Russian Federation: Sergey Sergey Sergeevich01.01.1991 born, place of birth: city Kaliningrad Kaliningrad region, Russianot married having a passport 20 20 202020, issued 09.09.2009 Department of the Federal Tax Service of Russia in the city of Kaliningrad, Division code 312-001, living at: Kaliningrad region, city Kaliningrad, ul. Kaliningrad, house 100, square. 100, referred to as the "Seller", and
I, Citizens of the Russian Federation: Alexandrova Alexandra Alexandrovna01.01.1991 born, place of birth: city Kaliningrad Kaliningrad region, Russia, not married, having a passport 30 303030, issued 12.12.2009 UFMS of Russia in the city of Kaliningrad, Division code 312-001, living at: Kaliningrad region, city Kaliningrad, ul. Kaliningrad, house 200, square. 200., hereinafter referred to as the "buyer", concluded this Agreement on the following:
1. "Seller" undertakes to sell, and "Buyer" to buy in the property belonging to the "seller" apartment, with total area 62.52 (sixty-two fatty fifty two tenths) sq. m.located at: Kaliningrad region, city Kaliningrad, ul. Kaliningrad, house 101 (one hundred one), square. 10 (ten).
2. The specified apartment belongs to "Seller" on the right of ownership on the basis of: Sale contracts from 10/23/2000 prisoner in the city of KaliningradWhat in the USRP for real estate and transactions with it 05.11.2000 was recorded registration of registration No. 39-39 / 053 / 34-345, on the basis of which 05.11.2000, Justice institution for the Kaliningrad region issued evidence O. state registration Rights number 39-AA No. 234234.
3. The specified apartment is sold by the "Seller" "Buyer" for 1 000 000 (one million) rubles . The sale price of the specified apartment is contractual and true, any other documents in which they say about the other sales value of this apartment are invalid.
4. The calculation between the "seller" and "buyer" will be produced in the following translation: part of the cost of the apartment in the amount of 100 000 (one hundred thousand) rublesis transmitted to the "seller" as a prepayment, when signing this Agreement, and the remaining part of the apartment value, in the amount of 900 000 (nine hundred thousand) rubles The "buyer" will be transferred to the "seller" when signing the main purchase and sale agreement of the apartment.
5. The "seller" guarantees that at the time of the execution of this Agreement, the specified apartment is not given to anyone, not sold, is not laid, in the dispute under arrest / prohibit / not consistent and free from any rights of third parties. "Seller" is responsible for concealing information about finding a real apartment under prohibition or pledge.
6. Prior to the conclusion of the main contract for the sale of "Seller", it is forbidden to alienate, to pass in the hiring, to file or otherwise transfer the rights to the above-mentioned apartment to third parties.
7. Transfer of an apartment, 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 the apartment, with the obligatory handing of the "seller" "buyer" of keys from the entrance door.
8. The "Seller" undertakes to convey the above apartment in that 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 apartment in accordance with the prisoner, no later than 04.12.2017, 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 apartment, including the cost of executing the necessary package of documents, carries "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. The 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 legal capacity is not limited, under guardianship and guardianship are not consistent, according to health, 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.
SIGNATURES OF THE PARTIES:
"SELLER"
Money in sum 100 000 (one hundred thousand) rubles "Seller" got completely.
For greater certainty that the intended transaction will take place, the parties may agree to sign a preliminary contract for the sale of an apartment with an advance. Thus, they will demonstrate the seriousness of their intentions. A buyer who cannot immediately pay attention can be offered to conclude a preliminary agreement for the sale of an apartment with a departure.
With the distribution of such a phenomenon in real estate transactions, it is worth considering an extractable as preliminary contracts for the sale of apartments. If the purchase and sale is planned and the process is in the design stage, then the seller on the one hand, and the buyer on the other does not always turn out to be ready.
For example, the apartment proposed by the seller is of interest, and they want to get it, but it is not always possible to realize without delay.
Or the buyer of the house A contract of purchase can be signed only after receiving the mortgage, and for this, the creditor needs confirmation that the transaction will take place.
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Options why parties are resolved to sign a preliminary agreement, a lot. It is important that due to this increases the level of safety of the upcoming transaction.
What it is
The PDCP may be considered as a preinm. They are emphasized by the interest of the parties to the transaction, the desire to sign it. For this, the basic parameters on the upcoming agreement are discussed.
Key parameters and features of the forefish are written in Art. 429 of the Civil Code of the Russian Federation. To give greater weight, the document is possible by the buyer:
- advances;
- deposit.
Differences from the main contract
The main difference is the absence of reason to obtain the right of ownership, because it is not yet:
- transmission of the object to the new owner;
- payment for acquisition.
Therefore, such a document is not registered, which is fundamentally excluded for the main agreement.
Maybe:
- manifestation of less attention to the subject of the transaction;
- specifying the term before signing the main agreement. In the absence of such, it is customary to be guided by the norm proposed in part 2 of paragraph 2 of Art. 429 of the Civil Code of the Russian Federation - 1 year.
What do you need a foregoing
Not in each case requires a preliminary agreement. However, under certain circumstances, it goes without saying, why a preliminary contract purchase is needed:
- the collected funds are not enough, but the seller agrees to wait;
- personal meeting is still impossible, and the signing through the proxies is undesirable;
- the accompanying documentation is not fully collected;
- the buyer intends to check independently legal purity upcoming transaction.
What should be in the contract
The prohibition must be present in the DCC:
- more and legal capacity of the seller;
- there are no legitimate claims for ownership of third parties and encumbrances.
And also need to enter text:
- passport data;
- the total cost of housing.
What should be considered
Clarifying how to issue a foreclode, do not forget to envisage the inclusion of additional conditions. As a rule, they negotiate how the parties share the payment of related expenses among themselves:
- on the conclusion of DKP;
- state duty;
- bank cell.
The expansion of the list of additional conditions is practically not limited. With their help, you can achieve greater security of the deal.
Conditions of the deposit and advances
The concept of deposit is considered in §7 chapter 23 of the Civil Code. It can be said about it, as a partial prepayment, a pledge that guarantees that the deal with housing will conclude. The transfer of the deposit is recorded in writing.
Cancellation of the transaction or the impossibility of execution of obligations allow us to legitimately seek the return of the transferred money. Refusal to buy real estate will lead to a loss of a deposit, refusal to sell - to the need to return the amount doubly. In addition, the violator can immediately induce the compensation of damages incurred by the counterparty.
When there was no written design for the funds listed as a purchase of an apartment, then paragraph 3 of Art. 380 GK qualifies them as an advance. It is considered as a certain amount of the amount that the buyer should make. Parties of the DCC recommended the use of a deposit, rather than an advance, for the disturbance of the conditions will result in more significant negative consequences in this side.
How to make a preliminary contract purchase and sale agreement
A competently compiled document prevents the emergence of many unpleasant moments. Therefore, drawing up requires accuracy, attention and careful approach when choosing the included conditions. At the same time, the text of the preliminary contract of sale should not be excessively extensive.
Finding out how to make sure that it is impossible to forget about such requirements:
- conciseness;
- the clarity of the presentation that excludes the possibility of distinctions;
- compliance with the structure that will be duplicated in the main agreement.
A person who is a PDCP should not forget about the essential and additional conditions of the transaction.
Required documents
To sign the PCP, the parties must submit documents without which it will be impossible. It is impossible to do without:
- identification certificates;
- title documents, for example, DKP;
- extracts from EGRN;
- discharge from the house book;
- help from BTI.
In expanding the list in more than The buyer is interested, the risk of encounter subsequently with unpleasant consequences.
Specifying the parties of the transaction
When it is necessary to conclude a preliminary real estate agreement, it is envisaged for its parties the order to adhere to. In particular, to sign only the correctly executed document. Each signatory PDCP individual Indicates its passport details. Inaccuracies, false information will lead to the fact that the signed act will not have the strength.
Subject
As one of the essential conditions, the foreclode contains a sufficient number of features of the apartment - the subject of the transaction. Preferably Note:
- a guide document;
- location;
- years of construction;
- building floors;
- number of rooms;
- general and residential area.
Description of the object
Detailed attention to the characteristics of the apartment will give the agreement greater weight. Therefore, it is worth indicating which of the most significant parameters satisfy the requirements of the buyer. Special attention References are paid to which official confirmations should be provided.
Practice paper
Certificates of ownership over recent years Owners of real estate objects are not issued. Confirmation can be provided:
- ipenna from EGRN.
Without such documents on the transaction can not be speech.
Setting order calculations
The parties are negotiated:
- providing an advance or a deposit, as well as how they will dispose if they do not sign the main agreement for one reason or another;
- the price for which the object will be sold;
- the procedure and timing of the transfer of the board;
- using a bank cell.
Period of execution
The establishment of specific terms of payment of purchased housing in the foreigner is very desirable. Without specifying, you have to focus on the general requirements of the GC on the annual duration of the action of such an agreement.
Additions in cases with deposit
The buyer emphasizes the rootality of its intentions, making a deposit. The seller at the expense of such a condition feels more confident that the deal will take place. This is negotiated with the procedure for calculations, the possible consequences of violations or cancellation of the Agreement are indicated.
When making an advance
It is important to clearly indicate in what capacity is the means of prepayment. Legal weight of the deposit is more significant. But the choice of one or another variety of prepayment is accomplished by the will of the parties. They are guided by their vision of the specific circumstances of the transaction and themselves decide.
Samples and forms of preliminary contracts
Circumstances in which transactions are performed may differ in considerable variability. Therefore, it is more accurate to approach the choice of a preliminary contract for the sale of the apartment.
Assuming that you need to make a deposit on the eve of the purchase of an apartment, the sample of the foreigner is desirable to choose the appropriate one. Otherwise, if after filling and signing it turns out that it will not happen to the main agreement, with the return of prepayment, some problems may arise.
Preliminary contract purchase and sale apartments with a male: Blank
Having for the purchase of housing in a mortgage, without a PDCP cannot do. Such a requirement will certainly expose the bank creditor. They are negotiated key requirements for the document, a specially designed form can be provided.
All peculiarities are pointless to one form. Therefore, it is worth downloading a typical one-to-date.
And add additional conditions to it that meet specific circumstances.
Preliminary contract purchase and sale apartments with a set: sample
It is desirable to find current sample-2019, made in strict compliance with the requirements of legislation and existing practice. When the parties achieved an agreement on the sale of an apartment with a departure, it will take a sample of the preliminary purchase agreement, which indicates the corresponding condition.
To download Word format is offered. You can view and, if you wish, adjust, supplement. After that - print and use.
Pre-contract from the developer
Attract the means of citizens construction companies They have the right to three ways provided for by FZ No. 214 of 2004, through:
- share;
- housing certificates;
- HSSS or LNG (construction or accumulative cooperation).
Without the foreclosure it is impossible.
Choosing a developer, the signing of documents should be approachable. In construction, there will be anything, it is better to progress it.
Preliminary contract purchase and sale apartments with advance
The seller may insist that he listed advance payment. Such a wish should not be considered an exceptional and out of a series of outgoing. You can offer the use of a deposit that gives a transaction greater legal liability. Being interested in acquiring housing, you will have to agree with the contribution of an advance. But to include mention about it by calculation and stipulate the additional conditions for returning to the case of refusal of the seller from the transaction, etc.
It will look like this version of the PDCP.
Preliminary contract purchase and sale apartment without a deposit
With the preliminary registration of the sale of an apartment without a deposit, download such a model option.
Preliminary contract purchase and sale in the apartment
You can download for free type for such an agreement.
Need to remember that for parts sold real Estate The design of the transaction has characteristic features. It will take to determine the actual value of the share owned by the seller.
The form of the agreement offered by Sberbank
Sberbank occupies a leading position and in the field mortgage lending. By providing a mortgage, the credit institution requires the submitted PDCP from its client. On this basis, it is ready to pretend money for the purchase of housing. The borrower receives an example of a foregoing example, which should be accurately guided by the Sberbank.
The term of such an agreement is about 60 days.
Nuances when buying a room in a communal
The owners in communal apartments have a priority in the acquisition of the rooms exhibited for sale. This circumstance should be taken into account when drawing up a foreigner. Seller needs to receive a documented answer of other owners, whether they are gathering a room.
An additional condition of the PDCP may require the presence of such references or the need for their design by the seller.
Features in cases with the acquisition of a share of housing
There are the same rules as the room in communal apartment. Therefore, it will be needed to check whether other co-owners are interested in using their priority.
Other important moment - Whether shares are highlighted, whether confirming documents are available. Leaving it without attention, it is easy to be in the paws of fraudsters, managing more than once to sell their share of housing. It will be useful to figure out the attitude of other co-owners for sale. It happens that they are doing so to pump them, and it is necessary to deal with the consequences of the new owner.
Is the signing of a power of attorney
In the preliminary DKP of apartments, as a substantial condition appears the indication of its parties. One or both sides can take advantage of third parties by providing a power of attorney, decorated, as it should be.
It will not hurt to familiarize themselves with the right-point documents and attorney and supplement the contract by another agreement, where it will be indicated that the PDCP subscribed to trusted persons.
Is it possible to terminate and on what grounds
In relation to any agreement, and the preliminary contract for the sale of the apartment, including civil law, provides for the possibility:
- change conditions;
- terminate.
We need to be guided by the norms set forth in Chapter 29 of the Russian GC.
The proposal addressed to the other party enters if:
- revealed a significant violation from its part;
- the circumstances that caused the signing of the PDCP changed;
- in view of the force majeure situation;
- there is an intention to achieve an agreement on other conditions or terminate the agreement.
Without reaching mutual understanding, the parties have the right to continue the dispute in court.
Do you need to register
Let it be scheduled to purchase the desired object of real estate for a considerable price, this does not affect the need for a PDCP. The right of ownership was not transitioned, the money was not transmitted - there is nothing to register.
Prices for Notary Services
How much will cost the notarization of the foreigner, depends on the housing price specified in the Agreement. 3 000 rubles will have to pay at a price of less than 1,000,000, adding more 0.4% of the agreed cost of housing. The cost of services will grow:
- up to 7,000 and 0.2% - when identifying a transaction in 1-10 million;
- up to 25,000 and 0.1% (without turning the limit of 100,000) - over 10 million.
Basic errors when concluding a preliminary contract
Making up, it is not necessary to leave the moments that will subsequently interpreted not as in the main agreement. Therefore, for both documents it is better to use a single template. And carefully treat how the procedure for applying sanctions for non-compliance with the agreement is registered in the PDCP.
Useful video
When, when concluding a preliminary contract for the sale of the apartment, the departure is made in a considerable amount, then it is necessary to approach the document with special care. You can use the recommendations for employees. legal service Specialized company presented on video duration of four and a half minutes.
With consultations of a lawyer provided within the lecture program, introduces an eight-minute video.
How to avoid the risk associated with the transfer of the property in the seller of the advance or a deposit, signing the foregoing, considers the vigorous video presentation of the four-minute duration.
Conclusion
Using for a preliminary contract for the sale of apartments of the apartment, the samples of 2019, it is easier to increase the level of security of the upcoming transaction. You only need to carefully track over the fulfillment of the requirements set in each of the items of the agreement.
The circumstances in which the deal lies may differ. Therefore, you need to choose typical sample And take care of the inclusion of additional conditions.
It is also important to accurate coincidence of the provisions of the preliminary and basic contracts.
