I am a citizen Russian Federation: Ivanov Ivan Ivanovich, 03/03/1992 year of birth, place of birth: city of Ivanovo, Ivanovo region, Russia married, having a passport 00 00 200000, issued on 03/03/2011 Department of the Federal Migration Service of Russia in the city of Ivanovo Ivanovo region , subdivision code 342-017 , residing at: Kaliningrad region, city of Ozersk, st. Ozerskaya, house 11, apt. eleven, hereinafter referred to as the "SELLER", and
I am a citizen of the Russian Federation: Frolova Faina Frolovna, 04/04/1984 year of birth, place of birth: city of Ozersk, Kaliningrad region, Russia married, having a passport 01 01 103030, issued on 09/09/2006 Department of Internal Affairs of the Ozersky district of the Kaliningrad region, subdivision code 392-019 , residing at: Kaliningrad region, city of Nesterov, st. Nesterova, house 3, apt. 3, hereinafter referred to as the "BUYER", have entered into this agreement as follows:
1. The "SELLER" undertakes to sell, and the "BUYER" undertakes to buy ownership of the land plot owned by the "SELLER" with cadastral number 39:00:000000: 1, with an area of 1563 ( one thousand five hundred and sixty three) sq. m, land category - lands of settlements, permitted use - for a private house, as well as a residential building located on it, with total area 60,8 (sixty point eight) sq. m located at: Kaliningrad region, city of Ozersk, st. Chernyakhovskaya, house 19 (nineteen).
2. The specified residential building belongs to the "SELLER" on the basis of: Contract of sale dated November 20, 2001 concluded in the city of Nesterov, about which registration No. 39-39 / 053 / 34-345 was made in the USRR for real estate and transactions with it on 05.12.2001, on the basis of which on 05.12.2001, Institution of Justice for Kaliningrad region issued the Certificate of state registration of rights No. 39-AA No. 234324.
3. The specified land plot belongs to the "Seller" on the basis of the right of personal ownership, on the basis of: Agreement for the sale and purchase of a land plot concluded with the administration of the "Ozersky urban district" of the Kaliningrad region dated 09.06.2009. Resolutions of the Head of the "Ozersky urban district" No. 001 dated January 23, 2009, about which in the Unified State Register of Rights to Real Estate and Transactions with It, on July 20, 2009, an entry was made of registration of rights No. 39-39-90 / 133 / 2009-001 and Certificates of state registration of rights 39-AA No. 000003 of July 20 were issued. 2009.
4. The specified land plot is sold by the "Seller" to the "Buyer" for 200,000 (two hundred thousand) rubles; the residential building located on it is sold by the "Seller" to the "Buyer" for 800,000 (eight hundred thousand) rubles, which in total amounts to 1,000,000 (one million) rubles. The sale price of the specified land plot and the residential building located on it is contractual and true, any other documents that indicate a different sale value of this land plot and the residential building located on it are recognized as invalid.
5. Settlement between the "SELLER" and "BUYER" will be made in the following order: part of the value of the above property in the amount of 100,000 (one hundred thousand) rubles, is transferred to the "SELLER" as an advance payment, upon signing this agreement, and the remaining part of the cost 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 "SELLER" by the "BUYER", upon signing the main contract of sale.
6. The "SELLER" guarantees that at the time of the conclusion of this agreement, the specified residential building and land plot have not been donated to anyone, not sold, not pledged, are not in a dispute under arrest / prohibition / and are free from any rights of third parties. The "SELLER" is responsible for concealing information about the fact that real property is under prohibition or pledge.
7. Prior to the conclusion of the main contract of sale, the "SELLER" is prohibited from alienating, leasing, pledging or otherwise transferring the rights to the above property to third parties.
8. Transfer of a land plot and a residential building located, in accordance with Art. 556 of the Civil Code of the Russian Federation, will be made according to the act of acceptance and transfer, on the day of signing the main contract of sale, with the obligatory delivery of the keys to the front door by the "SELLER" to the "BUYER".
9. The "SELLER" undertakes to transfer the above residential building in the same quality condition as it is at the time of signing this agreement, suitable for living, not burdened with utility bills. In case of detection of debts for the above payments, the responsibility for their payment lies with the "SELLER".
10. The “BUYER” will acquire the right of ownership /possession, use, disposal/, to the specified land plot and the residential building located on it in accordance with the main contract of sale concluded, no later than 04.11.2017, between the parties.
11. This agreement contains the entire scope of agreements between the parties regarding the subject matter of this agreement. The content and meaning of this agreement are clear to the parties. 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 made in writing, signed by representatives of each of the parties.
13. All expenses for the purchase and sale of this residential building, including the cost of processing the necessary package of documents, parties pay equally.
14. This agreement is drawn up and signed in two original copies of equal legal force, one of which remains with the "SELLER", the second with the "BUYER" and comes into force from the moment it is signed by the parties.
15. The Parties acknowledge that they are acquiring and exercising their civil rights of their own will and in their own interest, are free to determine any terms of the contract that do not contradict the Legislation, are not limited in their legal capacity and capacity, are not under guardianship and guardianship, for health reasons they can independently exercise and protect their rights and perform duties, do not suffer from diseases ( mental disorder) that prevent them from realizing the essence of the signed contract and the circumstances of its conclusion, and are not in a different state when they are not able to understand the meaning of their actions and manage them, that they do not have obligations that force them to make a deal at extremely disadvantageous for yourself conditions.
SIGNATURES OF THE PARTIES:
"SALESMAN"
money in total 100,000 (one hundred thousand) rubles "SELLER" received in full.
A preliminary contract for the sale of a house will guarantee the conclusion of a transaction. Using the sample, it is easy to prepare your own document that protects the interests of the seller and the buyer. How to do this is described in this article.
How to draw up a preliminary contract according to the model of 2018 - 2019
Before proceeding with the execution of a transaction for the acquisition of a residential building, it is necessary to study the preliminary contract for the sale of a house of the 2018-2019 model. This will help you navigate what steps the law now allows the seller and the buyer to take to protect their rights.
First, you should pay attention to the form of the agreement on the future transfer of rights: according to paragraph 2 of Art. 429 of the Civil Code of the Russian Federation, the form of the preliminary contract must correspond to the form of the main one. The contract for the sale of a house, according to Art. 550 of the Civil Code of the Russian Federation, is always drawn up in the form of a written document signed by all participants in the transaction. Several persons can act on the side of the seller and the buyer.
There are 2 cases when an additional notarization is required:
- a share in the right of common ownership is sold;
- one of the parties to the transaction is a minor.
Consequently, in such situations, the preliminary contract will also need to be notarized additionally (in pursuance of paragraph 2 of article 429 of the Civil Code of the Russian Federation).
In practice, a preliminary contract is concluded when the parties are not able to immediately sign the main one. For example, in a situation where:
- a person is registered in the house, which must be removed from registration before the transfer of housing;
- it is necessary to obtain additional consent to the transaction (for example, guardianship and guardianship authorities, if the rights of a minor are affected);
- there are other circumstances that prevent the prompt conclusion of the transaction.
Conditions of the preliminary contract
The law does not restrict the parties in the freedom to include in the agreement any conditions that they consider possible. It is imperative to specify the essential terms of the main contract for the sale of a house:
- subject described in as much detail as possible;
- price or method of its determination;
- a list of citizens who can retain their right to live in a cottage.
In addition, it is necessary to specify the term for concluding the main contract. If it is not defined, the main contract must be concluded within a year from the date of signing the preliminary one (clause 4, article 429 of the Civil Code of the Russian Federation).
IMPORTANT! No rights or obligations can arise from the preliminary sale and purchase agreement, except for the obligation to conclude the main sale and purchase agreement (see the decision of the Odoevsky District Court of the Tula Region dated February 7, 2018 in case No. 2-3/18).
As a security for the fulfillment of the obligation to conclude the main contract, such a method as a penalty is used. This does not contradict the law (see the decision of the Avtozavodsky District Court of Nizhny Novgorod dated February 6, 2018 in case No. 2-165/18).
Preliminary contract deposit
The deposit, which, in accordance with paragraph 4 of Art. 380 of the Civil Code of the Russian Federation may be provided for in a preliminary agreement - this is the amount of money transferred to the seller by the buyer. It performs two functions:
- Security. If the party refuses to conclude the main contract, it becomes a kind of payment for lost profits or opportunities.
- Payment. Upon entry into force of the main contract, the amount is included in the payment under it.
The deposit can only be paid in cash, its size is not regulated and depends on the agreement of the parties. But if payment is made under the preliminary contract full cost or a significant part of the cost of the object, even if such payment is called a deposit, the preliminary agreement can be qualified as the main one with the condition of prepayment (see clause 8 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 11, 2011 No. 54, hereinafter - Resolution No. 54).
Disputes related to the actual non-conclusion of the main contract
Quite often, a preliminary contract consists of only a few clauses and does not contain a mechanism for implementing the obligation to conclude the main contract. This is a mistake, since the absence of clearly defined conditions may make it impossible to speak of their violation.
The obligations will terminate if the parties do not send each other an offer to conclude the main one before the expiration of the preliminary agreement. If the form of its direction is arbitrary, and not expressed in the form of a draft main agreement, it will be difficult to demand both coercion to conclude and compensation for damages caused by failure to fulfill the obligation (see the decision of the Kievsky District Court of Simferopol dated February 16, 2018 in case No. 2- 183/18).
If the contract provides for a deposit and it has become a partial compensation for losses, the rest can be recovered in the part not covered by the amount of loss (see clause 2 of article 381 of the Civil Code of the Russian Federation, decision of the Ivanovsky District Court dated December 29, 2017 in case No. 2-2199 / 17) .
But the main contract may not be signed within the period established for this, for reasons beyond the control of the parties, for example:
- due to the bank's refusal to reissue the collateral;
- seizure of a property;
- death or incapacitation by the seller or buyer, his entry into places of deprivation of liberty.
In this case, the requirement to compel the conclusion of the main contract or compensation for damages caused will be rejected by the court (see the decision of the Leninsky District Court of Murmansk dated February 20, 2018 in case No. 2-572/18).
Other categories of disputes from the preliminary contract for the sale of a house
There are disputes related to the requirement to recognize a preliminary contract for the sale of a house as not concluded. They are often associated with the fact that the preparation of the draft document was carried out without taking into account all the requirements of the law in terms of agreeing on essential conditions.
One of them will be the identification of the subject. To individualize the subject, it is sufficient to indicate in the contract the cadastral number of the property (see Article 554 of the Civil Code of the Russian Federation and clause 2 of Resolution No. 54). However, this object may not be owned by the party at a particular moment, since the preliminary agreement expresses only intention (see the decision of the Khostinsky District Court of Sochi dated December 25, 2017 in case No. 2-2787 / 17).
It should be borne in mind that if the preliminary contract has terminated, there is no need to recognize it as not concluded, it is enough to file a claim for the recovery of the amount of the deposit as unjust enrichment (see the decision of the Oktyabrsky District Court of Tomsk dated December 14, 2017 in case No. 2-3025 / 17 ).
How to Download and Fill out a Sample Preliminary Contract for the Sale of a House
To fill out a sample preliminary contract, you must have documents identifying the object with you. When drawing up a contract, you must also adhere to the following rules:
- Signatures of both parties must be handwritten;
- the transfer of the deposit must be confirmed by a receipt, its amount must be less than 100% of the value of the object;
- the obligations that must be fulfilled in order to be able to conclude the main agreement should be spelled out as detailed as possible;
- the term for concluding the main contract must be determined in a way that does not create a double interpretation.
You can download the preliminary contract for the sale of a house at the link: Preliminary contract for the sale of a house - sample.
When preparing a preliminary contract for the sale of a house, it is necessary to pay attention to judicial practice, it will allow you to avoid mistakes and create a document that optimally protects the rights of both parties.
When the sale of real estate is being prepared, a preliminary contract for the sale of a house is appropriate. It confirms the obligations of the parties to conclude a deal over time: in a month, two, by a certain date. The reasons why the transaction is postponed may be different: an incomplete amount of money from the buyer, an incomplete set of documents in the hands of the seller.
The document protects the interests of the seller and the buyer, insures against possible dishonesty. The task of the preliminary contract is to confirm the deposit, if any. And the price of the house remains at the level agreed in the contract by the parties.
The form of the conclusion of the contract is written, the same as for the main document. Notarization is also required. If these conditions are neglected, the preliminary contract will be declared null and void.
If the essential terms of the transaction were not spelled out in the preliminary contract, it must contain the procedure for their coordination. In case of delay or failure to fulfill the terms of the preliminary agreement by one party, it shall compensate the other party for losses.
PRELIMINARY AGREEMENT
PURCHASE-SALES
AT HOME
City ___________. "____" _______________
We, (name and data of the seller) ______________________________, on the one hand,
and (name and details of the buyer) ______________________________, on the other hand,
have entered into this Agreement as follows:
1. (Name of seller)_____________________ has the intention to sell (Name of
Buyer)_________________________________________________________ RESIDENTIAL BUILDING
by the address:_______________________________________________________________________,
sq.m,
cadastral number ______________________________________________
___________________________________________ (other characteristics).
2. (Full name of the seller) ______________ belongs to the specified residential building on
on the basis of __________________ (the document-base on ownership, its details), that
confirmed by ___________________ (indicate the data of the certificate of ownership).
3. (Full name of the seller) _________________ undertakes to sell a residential building (Full name
buyer) _____________ after ______________________ (indicate the event or period).
4. In accordance with the intention to sell (full name
seller) ________________________________________________________________________, (full name
buyer) ________________________ undertake to conclude a contract of sale in
term______________________________.
5. (Buyer's full name)____________________________________________ pays for (Buyer's full name)
seller) __________________________ the value of the specified residential building is fully
in the amount of ________________ rubles in the following order:
Cash - on time ________________ in the amount of ___________________ rubles,
The rest of the amount is paid in the amount of __________ rubles by transferring money to
Bank account.
6. The parties have the right to terminate this agreement by mutual agreement before its commencement.
performance, in this case cash specified in paragraph 5 are returned to the buyer
fully.
7. Losses related to this contract and the main contract of sale,
reimbursed by the party not performing this contract. However, the amount of this agreement
included in the cost of damages.
8. In the main contract for the sale of a residential building, the parties establish not
conditions stipulated in this agreement.
9. Evasion of the conclusion of the main contract has a consequence to the requirement for
forcing the evading party to sign the main contract in court.
10. In case of failure to conclude the main agreement in the time specified in this agreement
term and in the absence of a sent proposal to sign the main contract of another
A deposit agreement is a document concluded upon repayment of the total value of the deposit amount of goods. AT frequent cases this agreement is concluded in the course of real estate purchase and sale operations. The conclusion of this agreement is a fairly simple procedure, while it is important for both parties entering into a transaction.
For a correct assessment of possible risks, first of all, it is necessary to know what exactly a preliminary contract represents and necessary form when compiling it.
Clause 1 of Article 429 of the Civil Code of the Russian Federation states that the preparation of a preliminary contract obliges the parties to the contract to transfer property rights in the future, provide any services or perform certain works. In this situation, the contract requires the parties to further legal relations in relation to a certain object with a predetermined value.
For the further validity of the contract, it is necessary to adhere to the forms of drawing up contracts established by law, set forth in clause 2 of article 429 of the Civil Code of the Russian Federation.
The form of drawing up a preliminary contract is fully consistent with the form of a contract of sale. The main difference is not the requirement to register with Rosreestr.
A preliminary contract for the sale of a house with a deposit fixes the desire of the buyer to get the property for personal use if the remaining amount is paid to the seller within the specified time.
The contract for the sale of a residential building using a deposit uses the general requirements, according to Article 549 of the Civil Code of the Russian Federation. The parties are obliged to determine the conditions, the amount of the deposit and the terms for payment of the remaining part.
Form of a contract for the sale of a house with a deposit
The form of the contract is simple written. This factor does not depend on the timing and amount. The transfer of ownership rights to the buyer's side is registered in the manner prescribed by law. Neither party may waive the stipulated procedure.
The subject of the contract for the sale of a house with a condition on a deposit
The specified contract should clearly stipulate the subject, specifically - it is necessary to determine the detailed characterizing data of the property with the land plot, which is usually also transferred into the possession of the buyer, in accordance with Article 554 of the Civil Code of the Russian Federation.
The parties provide the details of the documents, including the exact address list of the object, the area of the house and the plot. If the subject is not specified, the transaction may be declared invalid.
Houses, not including the plot, are sold in rare cases. In the event of such a scenario, it must be taken into account that the permission of the owner of the land plot for the sale of real estate is not required, in accordance with Article 552 of the Civil Code of the Russian Federation.
Parties to a contract for the sale of a house with a deposit
The transaction includes the buyer and the seller, not taking into account their legal status. It follows from this that the form of the real estate purchase and sale agreement can be filled in by individuals and legal entities.
There are also restrictions on the age of the parties. At the time of the actual implementation of the legal action, both parties must be of legal age. In other cases, the written permission of the guardian or parents to complete the transaction will be sufficient.
Conditions of the contract for the sale of a residential building with a deposit
In addition to the contract, the parties need to prepare and fill out the appropriate form. In this document, both parties indicate the amount of the cash deposit, which has actually been made.
The contract itself must have the value of the transaction and the amount of the deposit, in accordance with Article 555 of the Civil Code of the Russian Federation.
An important factor is the nuance, Articles 380 and 381 of the Civil Code of the Russian Federation authorize the selling party to leave a deposit for personal use, in case the buyer refuses to complete the transaction for one reason or another. In addition, the buyer has the right to return the deposit in double volume, in case of refusal of the seller from the transaction.
A preliminary sale and purchase agreement is concluded in order to document the intentions of the parties to conclude a deal in the future. It fixes the most important conditions for concluding a sales contract in the future. This document is not mandatory, and the parties themselves decide on the advisability of drawing up and signing it.
The procedure for signing and concluding a preliminary contract, its essential conditions and requirements for content are prescribed in the Civil and Land Code.
To sign a preliminary contract, the following conditions must be met:
- The plot can only be sold together with the house located on it.
- The right to sell the land belongs exclusively to . The land and the building on it must be legalized and put on the cadastral register.
- Real estate should not have encumbrances in the form of an arrest / .
- When selling a plot with a house in common ownership, you must obtain a written co-ownership.
- If the property was purchased during the marriage, then a written transaction is required.
- The transaction price is determined by agreement of the parties and should not be tied to the cadastral valuation.
Contents of the preliminary contract
A preliminary agreement can be used in court to force the other party to a transaction to conclude a transaction on the terms specified in it. Therefore, the content of the contract should be attributed as carefully as possible so that it is not recognized as null and void.
The following points should be displayed in the text of the document:
- Detailed information about the participants in the transaction.
- The conditions under which the transaction is supposed to be concluded.
- Detailed information about the site and the house to be sold (, address, number of floors, etc.).
- Real estate sale price.
- The presence of an advance payment in the form of or, the procedure for mutual settlements.
- Terms of signing the main contract and a mandatory indication of the intention of the parties to conclude a deal in the future.
If the terms of the preliminary contract do not correspond to the main one, then it is considered invalid. This rule is contained in 429 Art. Civil Code of the Russian Federation.
The contract must be in simple written form. permitted at the request of the parties.
The contract ceases to be valid after the signing of the main one. On its basis, ownership rights are not transferred to the buyer, but only the intentions of the parties are recorded.As an additional guarantee for securing obligations under a transaction, it is often used. This is a certain amount of money that the buyer makes as an advance payment and a guarantee to sign a contract of sale and purchase within a specified period. Its introduction is optional, but the deposit contributes to a more responsible attitude of the seller and the buyer to the deal being concluded.
After all, in case of obstruction in the signing of the main contract by the buyer, he will lose the deposit made. If the seller is recognized as the culprit, then he returns the deposit to the buyer in double size. In order for this legal norm to be valid, the prepayment must be referred to in the preliminary contract as a deposit and nothing else: /prepayment.
It should be borne in mind that for the conclusion the seller must have ownership of the property. So, for example, if a plot is sold in SNT, he must present a certificate of ownership or an extract from the USRN, where he is indicated in the copyright holder column. If the transaction is made according to the garden book, then it has no legal force. Such a preliminary contract can be easily canceled, and the buyer will lose the deposit paid. Even the board of SNT cannot sell a plot according to a garden book. This means that they are not legalized for the site, and the land itself belongs to the municipality.
Preliminary contract for the sale of a house with a land plot when applying for a mortgage in Sberbank
Often a preliminary contract is concluded at registration. This document serves as a guarantee for the bank that the transaction will not fail at the most inopportune moment. The most popular bank for mortgage loans is Sberbank. The bank has its own standard form of preliminary agreement, in which the data of the parties are entered.
A standard form from Sberbank includes such items as:
- date and place of signing;
- Full name, passport details and addresses of the parties, details of the power of attorney (if a proxy is involved), grounds for signing the contract;
- subject of the contract;
- essential conditions (cost, detailed description real estate, cadastral information);
- payment procedure (part of the funds - from the buyer's own savings using a safe deposit box, the second - from targeted credit funds to the seller's bank account);
- terms of realization of intentions of the parties and guarantees;
- information about registered persons;
- number of copies and signatures of the parties.
From Sberbank it also includes a clause stating that until the moment of full mutual settlements with the seller, the property is pledged to him, then Sberbank becomes the pledgee.
