Preliminary contract for the sale of forest belts. Preliminary contract purchase and sale apartment - what it is

Citizen, passport (series, number, issued), living at the address, referred to as " Seller"On the one hand, a citizen, a passport (series, number issued), living at the address, referred to as" Buyer", On the other hand, hereinafter referred to as" Parties", Entered into this Agreement, in the future" contract ", as follows:

1. The parties undertake on time and on the terms of the contract to conclude a sale agreement, (hereinafter - the "main contract"), an apartment owned by the seller on the basis of ownership. The above apartment consists of residential rooms (s), has a total area of \u200b\u200bsq.m., total area excluding loggias, balconies, other Summer rooms sq.m., including sq.m. Residential area.
2. The main contract must be compiled and signed by the parties in a simple writing on time to "" year.
3. The buyer confirms that all the essential characteristics of the apartment, including its location, spatial orientation, view from the windows, size, layout, condition, engineering equipment, as well as the condition of the local area and the general premises of the house fully satisfy it.
4. The following persons were registered in the apartment at the time of the conclusion of the contract: for which, in accordance with Article 292 of the Civil Code of the Russian Federation, the right to use the apartment will continue to withdraw from the registration accounting. The seller undertakes to ensure that the registration records are removed from the registration record no later than days after the state registration of the main contract.
5. The apartment should be released by the seller from the property that is not incoming in its price no later than days after the state registration of the main contract and transferred to the buyer for the act of acceptance and transmission no later than days from the date of issuance of the Certificate of State Registration of Law.
6. The price of the apartment is rubles. When signing this Agreement, the Buyer transferred the Seller money in the amount: rubles. This amount is an advance payment for the apartment being purchased and is taken into account by the parties with mutual settlements on the day of signing the main contract.
7. Payment of all expenses for the collection of documents necessary for state registration of the main contract and the transition of the right on it, as well as the costs of preparing the project of the main contract carries out the seller. Payment of expenses related to state registration of the main contract and the transition of the right on it is made in solidarially by the buyer and the seller. In the event of additional expenses on the initiative of one of the parties, the initiator side is paid.
8. In case of non-fulfillment by the buyer of its obligations under this Agreement or refusal to sign the main contract (including due to the lack of funds for full payment), the latter pays the seller a penalty in the amount of equivalent% of the advance payment. The fact of the onset of these circumstances must be confirmed by the act compiled by the Seller and the Buyer. On the day of the compilation of the specified act, the contract is considered terminated due to the impossibility of execution.
9. The seller is obliged to return to the buyer all funds received from the buyer (advance) completely in the event of non-fulfillment of obligations under the contract under the contract and termination of the contract when the buyer is found to prevent the establishment of the main contract on the conditions agreed by the parties :.
10. The parties undertake to inform each other about the emergence of circumstances that may influence the execution of the contract, including the change in civil status, the loss or change of details of the identity documents, changing the permanent place of the parties, as well as the impossibility of receiving notifications due to the estimated absence and To report information on other possibility of notifying the missing side.
11. The contract is concluded for the term inclusive to the date specified in paragraph 2.1 of the contract.
12. All changes and additions to the contract are committed by the consent of the parties in writing, in the form of an additional agreement to the contract, which in the case of compilation is attached to the contract and becomes an integral part.

I, citizen of the 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 owned by the "seller" of an apartment, with a 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 a certificate of state registration of right No. 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.

In some cases, when buying a property, a preliminary contract is drawn up, which postpones the sale transaction in time. There are several important points to which it is worth paying attention to it: you will find out right now.

Download the sample of the forms can be at the end of the article.

When purchasing a certain property object (apartment, land, car, etc.), the parties can, but not necessarily conclude the so-called preliminary contract of sale. The legality of such actions, as well as the fact of the existence of such a document is reflected in Civil Code (Article 429).

The main purpose is that both parties assume certain obligations before the transaction occurs:

• the seller accepts the obligation to sell the object of this particular buyer;
• buyer undertakes to buy the object from this seller.

The intention to conclude the main contract parties are confirmed in the preliminary when the sale transaction occurs. At the same time, the parties mean that the main contract will be signed on the same conditions.

The appointment of a preliminary agreement is to ensure that each part of the transaction can confirm its intentions and at the same time take a written obligation to the other part of its intentions. The agreement is most often fixed on the further acquisition of the apartment. Usually this document is required in the following cases:

1. The seller and the buyer agreed to the transaction, but the seller has some documents on the apartment or they are incorrect.
2. The buyer has no sufficient amount of funds for a one-time purchase, but it immediately transfers part of the amount and undertakes to pay the rest in full.
3. When buying an apartment in a mortgage, the conclusion of a preliminary contract is a common practice, since the procedure becomes more complicated by the need to obtain the permission of the Bank, which will take housing for the provision of credit funds.

The contract differs from the main thing that it does not need to be registered in the Roserestre, or assure it from the notary. In this sense, the document carries certain risks if the parties do not provide documents proving that the apartment is not in the burden (pledge, arrest, claims of third parties, etc.).

The previously signed agreement carries certain guarantees, as well as the risks of the parties - they are all disclosed in detail in the next section.

Preliminary contract: warranty

The preliminary agreement contains 2 important guarantees that protect the interests of both sides:

1. The buyer guarantees this document that the apartment will be sold to him and precisely at the price that was indicated.
2. The seller the contract provides a guarantee that this particular buyer will acquire an apartment from him no later than the deadline that is specified.

If someone evade their obligations, any Party may apply to the court for the main contract to be issued in a compulsory manner and the transaction took place. The application can be submitted within 6 calendar months from the day when under the preliminary contract it is necessary to conclude the main (meaning a deadline).

The commentary of the specialist on the peculiarities of the preliminary contract is presented on video.

Preliminary contract: risks

The main risks are associated with the fact that the parties can avoid their obligations. At the same time, if they did not express complaints during the six months, the preliminary contract of sale ceases to act automatically.

By itself, this document is not risks in the sense that the ownership of the seller to the buyer on the basis of its signing does not occur. If one side comes with a request to force the other side to make a deal, the defendant may submit a counterclaim about the recognition of an agreement invalid.

NOTE. If a preliminary contract is concluded when buying a new building (with a developer company), then in case of failure to fulfill the obligations, the plaintiff may apply to the court demanding to force the defendant to sign an agreement in equity construction.

Otherwise, the preliminary agreement is associated with risks, which, in general, accompany the real estate market transactions:

1. In some cases, the preliminary agreement can be recognized by the court of inconclusive.

This is possible in 2 cases:

• the contract is decorated with obvious violations (not all the props of the apartment are indicated, there are actual errors);
• apartments do not exist or it is still under construction.

2. Risk associated with the fact that the apartment can be sold repeatedly. This situation occurs in the case of a developer of a fraudulent scheme: for example, it can conclude several identical treaties for the sale of the same apartment.

3. Risk associated with the loss of funds spent on the purchase of an apartment. It also concerns the acquisition of an apartment directly in the house under construction. It is important to understand that the invested funds (under the trust management contract) are not always returnable - often the company is recognized as bankrupt, and the victim can only hope for partial compensation for its loss.

Thus, after signing the preliminary contract, the obligation to sign the main contract for exactly the same conditions (changes are possible only by mutual agreement).

In the case of private citizens (when buying housing in the secondary market), the main risks are associated with the fact that the parties will not fulfill their obligations. If the apartment is purchased in a new building, the danger increases sharply - it all depends on the integrity of the developer.

Preliminary contract: Sample 2017

Requirements for the design of the preliminary contract of sale this year have not changed. Standard form easy download and print.

When filling, it is important to consider that in the document all essential conditions are reflected - it is better to verify that all data coincide with those specified in the relevant documents (the passport of the apartment owner, certificate of ownership). Special attention is paid to such items:

1. Contract price, i.e. What exactly to the cost of the seller undertakes to sell an apartment in a specified period.
2. In the preliminary contract, all persons who live with the seller are currently indicated. Their pho and passport data are indicated.
3. If the owner lives elsewhere, it is better to specify both addresses: and the actual, and recorded in the passport.
4. The contract necessarily separately describes the fact that the seller guarantees: the apartment is not pledging, under arrest, other persons claim to it.
5. The validity period of the preliminary contract is an integral condition for its action: after this date, the contract ceases to effect.
6. The contract requires the procedure for payment of housing costs: for example, first the buyer introduces 10% of the entire amount, and then the remaining 90%. The fact of payment is additionally confirmed by the agreement on the task (at the request of Article 380 of the Civil Code). The same document is called a receipt - it is compiled in an arbitrary form and also signed by both parties.
7. The responsibility for failure to fulfill the obligations is also described: pre-trial settlement. For example, the side that dug out from the transaction pays the main part of the deposit in a double amount.

Without an indication of any of these essential conditions, it is almost impossible to recognize a preliminary agreement, which is why it is not possible to use it as one of the proofs.

The sample of the contract is given below.

It should also be paid to the fact that the preparation of such a contract does not provide for the transfer of housing to the ownership of the buyer. Accordingly, there is no need:

• make a transmitter;
• provide extracts from the personal account, which prove the absence of debt on utility bills;
• order an extract from EGRN to prove that the apartment is not in the burden;
• apply the technical passport of the apartment to the preliminary contract.

After the parties conclude a sale and sale transaction and sign the main contract, the preliminary is considered to be invalid. There are no special documents on this fact - the parties may simply destroy this document.

Download Sample Blanca:

Real estate purchase and sale operation is a fairly common type of transaction between citizens of Russia. Despite the seeming simplicity of the commission, without registration of a preliminary contract purchase of an apartment, it carries many externally expressed risks. Even without considering the dangers associated with the possible fraud of one of the participants in the transaction of the parties, there is a risk of financial losses as a result of the buyer's refusal (seller) from the purchase (sale) of the apartment for any personal reason.

If a loan or a potential buyer has already been taken under an intended transaction, it has already sold earlier housing, he will certainly incur damages related to the payment of interest accrual by the Bank on a unrealized loan, or in connection with unplanned trips to finance temporary residence. Some banks require a mandatory presentation of a preliminary contract for making mortgage lending.

In order to acquire confidence in the legitimacy of the upcoming part, the Parties are developing a preliminary contract for the sale of the apartment. The feasibility of registration of such a document is not only in reducing the probability of financial costs one of the parties, but also for a number of other reasons:

• in order to give the legal force of the previously concluded oral agreement between the buyer and the seller;
• for the guaranteed approval of the price adopted by the facilities received by the Parties (there is a guarantee of the invariability of the amount throughout the transaction), this is especially true when attracting a buyer of part or the total amount of borrowed funds;
• to determine mutually satisfying the part of the transfer date of the apartment to new owners (the liberation of the real estate object by the same owners);
• determination of the actual state of the apartment, which the former owner is obliged to maintain (implement) by the time the operation of acceptance and transfer operations;
• the financial size passed to the buyer to the seller in order to confirm the seriousness of their intentions. When making a transaction with the participation of a deposit, a document is subject to notary at the place of registration of the contract. By the way, similar legal operations with the main statement are not required in connection with the identities of the buyer and the real estate seller by Rosreestra employees;
• in order to determine the procedure for returning a deposit to the Buyer in case of circumstances that do not allow the parties to perform a complete list or part of obligations reflected in the preliminary contract.

This is only an approximate list of the most relevant information reflected in the apartment purchase and sale agreement in the overwhelming majority. By mutual agreement of the parties involved in the transaction, a preliminary contract can be supplemented by any reasonable paragraph.

Transmission of deposit

The deposit is the set by the seller part of the value of the residential area (as a rule, five percent), transmitted by the potential buyer to the seller of the apartment, as a factor that increases the accuracy of intentions and guaranteeing the success of the future transaction.

The deposit is transferred to the seller (owner) of the apartment in cash in the presence of a notary with the simultaneous signing of the Agreement by the Parties - a preliminary agreement to re-issuance of the apartment. Recently, with the distribution of non-cash methods for paying the cost of goods and services at the request of one of the parties (mutual desire), the amount of the departments agreed in the preliminary contract can be translated by the owner of the apartment to the bank account in any of the methods available to the buyer.

Detailed transmission conditions (obtain) and return (no return) The amount of the deposit is mandatory reflected by one of the items of the contract of sale. When performing operations under the contract with a task in 2020, it is considered that if the transaction was broken by wine (initiative, creating conditions, prerequisites, etc.) of the buyer, he cannot claim a refund of the previously paid departure. In turn, with a conscious termination of the terms of the contract (one-sided output from the transaction) by the seller of real estate (apartments), the amount of the previously obtained deposit returned to them to the buyer in the amount by half the initial amount.

Sample prepared document taking into account the nuances of acquiring housing with a task in 2019, you can download software.

Acquisition of the mortgage apartment

Buying real estate with the involvement of borrowed funds (in the mortgage) has a number of distinctive features from the transaction without such:

1. The first difference is that the creditor bank is obligatory becomes a participant (one of the Parties to the Treaty) of the transaction.
2. The second difference relates to the acquisition of housing on the primary market (in the new building). As a seller, there is a representative of a legal entity - the developer, which imposes inexperienced restrictions on the transaction and entails the introduction of a number of additional points in the sale agreement.
3. The Bank assumes the obligations of the guarantor of the upcoming transaction, regardless of the status of the apartment's realizer.
4. When buying an apartment from a construction company, it is she who dictates the fundamental conditions for concluding agreements of all types of design.
5. The mortgage lending agreement lies with the buyer for the full cost of the purchased apartment, without taking into account the amount of task. The developer can not require a mandatory transfer of a deposit, if it comes to apartments that are consistently in high demand. The deposit amount varies from five to ten percent of the cadastral value of the subject of the transaction.

Preliminary contract purchase and sale share of apartments

The operation of acquiring a share in the apartment (in other residential premises) is not fundamentally different from the purchase of real estate object as a whole. The main difference in the structure of the preliminary (main) contract lies in the detailed presentation in the text of the document of accurate geometric data, size, cost, percentage and other unambiguously identifying the acquired share of data.

Cost in all cases is indicated in rubles. When considering the object of real estate, an appreciated by the Seller in any other currency of foreign countries, the cost of the purchase and sale is made, recalculated on rubles at the rate of the Central Bank on the day of signing a contract (notarial registration) of the contract.

In the case of buying a share of the obligation to conduct test activities of the consent of the owners of other parts of the residential premises to implement the main seller of its share lies with the seller. Buying a share is a much more problematic operation in comparison with the acquisition of an apartment in the secondary real estate market. For example, under only a non-compliance with the requirements of Article 250 of the Civil Code of the Russian Federation "On the right of preferential acquisition", the court can recognize the invalid purchase and sale operation and cancel the initial agreement, despite the perfection agreement and certified by the notary agreement.

Purchase and sale on the primary market

Acquisition of an apartment in a new building (from the developer) does not impose additional restrictions on making contracts. A preliminary apartment purchase agreement is issued with a legal entity as a seller in a regular manner.

Unlike contracts of equity, where the buyer becomes a full owner of housing before the completion of its construction and commissioning, the acquisition of new buildings under the preliminary contract of sale imposes on the seller the obligations of a limited nature. With equity participation in the construction of a residential premises, the design of additional contractual agreements does not carry elements of expediency. The developer will not be able to implement an apartment without the written consent of the physical (legal) person who spent its financial sponsor of its construction, and all the relationships of the Parties are governed by special conditions for participation in equity construction.

Contract structure

The preliminary contract does not have a legally established form, is drawn up on a sheet of standard A4 format and, if necessary, is complemented by the items necessary by agreement of the parties. Approximate can be downloaded for this link.

But, despite the free form of documenting the document, it is certified by a notary and compulsory reflects information:

• about the current calendar date of development and signing of the preliminary contract;
• about the geographical position at the time of signing (as a rule, just a city of registration);
• fully written (without abbreviations) of the surname, the names and patronymic of all participants of the contractual relations, in the simplest case - the owner of the apartment and a potential buyer, their own signatures;
• information, approximately orienting the date (period, time interval) by the sides of the main contract. As a rule, a month or quarter of the approximate readiness of the parties is indicated;
• sanctational measures of responsibility applied to the side that does not perform (evading execution) conditions of the signed treaty;
• the method and features of the procedure for obtaining a sales seller (when making a transaction with the calculation of non-cash principle, financial details of the Parties are additionally indicated;
• geographic coordinates (if there is a technical capabilities) and the address on the area of \u200b\u200bthe apartment being purchased;
• the main technical features of the apartment that the previous owner is obliged to maintain until the official transfer of residential premises;
• the exact date is allowed to specify an approximate interval of the time interval) of the final transfer of the apartment from the previous owner to the present;
• permit or prohibiting item on the introduction of additional conditions of one of the parties to the already signed agreement;
• the price of an apartment in a digital version and in words, the size of the deposit and the conditions of its transfer (as a rule, choose the cabinets of lawyers or notaries).

Document validity

Legally, the document loses force after the parties to all points (conditions) reflected in the body of the document. The power of the contract may also be lost with the proven non-fulfillment by one of the participants of the transaction conditions and the judicial termination of the contract.

Also, the time of legitimacy of the contract may be limited to the text point of the document itself, there is an effective rational nucleus. If the specific deadlines for the fulfillment of the obligations of the parties (indicated by the extreme possible dates) are not specified, in the future it may entail additional problems - the deterioration of the financial situation of one of the parties to the transaction and attempt on this background to obtain more favorable conditions, the onset of force majeure circumstances - fire, earthquake, fighting, etc.

Conclusion

Oral agreement even between good acquaintances and close relatives does not bear the guarantee of the definitely positive completion of the transaction, especially when figuring large financial sums. Despite the fact that the notarization of the preliminary agreement is imperative, it is developed and lies solely on the mutual request of persons who are interested in the purchase by the Parties (with the exception of conditions when the form is made by a credit institution, for example, a bank).

A competently developed document preceding the signing of the basic contract for the sale of an apartment is an effective legally significant measure of the prevention of unlawful actions, as well as actions related to spent attempts from responsibility at non-fulfillment of the conditions of the oral agreement.

In contact with

At the conclusion of the sale of an apartment or a house, each of the parties wants to obtain a guarantee, the only way to provide them is to conclude a preliminary contract for the sale of an apartment with a departure and in detail in it the terms of the upcoming transaction. At the end of the article you can download a sample (blank) of this document 2020.

The real estate purchase and sale procedure takes place in several stages:

• Signing the primary contract;
• Registration of the main document;
• Calculation for the acquired real estate;
• Signing an act of acceptance and transmission;
• Registration of property rights.

If you purchase housing in the mortgage, you will need to receive a certificate indicating the market value of the apartment (rooms) and signing a mortgage agreement in a credit institution.

List of necessary documents

The buyer is enough to provide a passport of a citizen of the Russian Federation and the consent of her husband (wife) to buying. For the purchase of real estate in the mortgage need the following papers:

• Help 2-NDFL or other document confirming income;
• Certificate with labeled market value;
• Additional paper confirming personality.

Some financial organizations require provide additional documentation, so the exact list is better to clarify in the bank where you take a loan.

Property owner provides:

• A document confirming the ownership of housing;
• Passport of a citizen of the Russian Federation;
• Guideline documentation;
• Extract from the USRP and the house book.

Additionally, it may be necessary:

• The consent of the husband (wife) to the transaction;
• The consent of the guardianship bodies, if the seller has minors;
• Power of attorney, if a deal is engaged in a third party.

Why do you need a preliminary contract for sale?

The PDKP is a document that is written in writing and reflects the obligations and rights of both parties:

• The buyer undertakes to redeem the property, which is the object of the contract;
• The seller must transfer the object of the transaction to the buyer, and take the agreed summary.

The housing acquired has the right to make an advance payment, this moment will become a serious argument in the event of controversial moments.

The paper is drawn up with the consent of both parties, gives warranty on the success of the transaction. Therefore, you should not neglect the design of the preliminary document. In the future, you will avoid problems when concluding the main contract and you can solve the conflict situation without a trial.

A preliminary contract is a good assistant in a situation where one of the parties is not ready to make a deal here and now, postpone the final decision at a specific date.

With deposit

Registration of a preliminary document with a deposit is different from the usual only in that when the transaction is ruptured by the acquirer, the advance payment is fully remained at the owner of the apartment. If the contract decides to cancel the owner of the dwelling, then he must return prepayment in a double volume.

The size of the advantage made by the buyer is prescribed under mandatory conditions.

By mortgage

The conclusion of the pre-sale agreement is often resorted when making a mortgage loan. A sample document and design example can be obtained in the bank branch where you plan to issue a loan. It is prescribed:

• Duties and rights of the parties;
• Description of real estate and its price;
• The timing of the signing of the main document and other nuances, without which the foregoing loses its legal force.

Shares in housing

The conclusion of the primary purchase and sale agreement when buying a share in the apartment is practically no different from the usual option. The only difference is prescribed the price and size of the bold share.

In new building

During the acquisition of housing in a building under construction, it is necessary to conclude a preliminary agreement. Since it is the key to the fact that the reserved room will not be implemented to third parties without your knowledge.

By signing a document, the buyer has the right to stipulate the delivery time of housing, the final cost and other important points.

In almost 100% cases, developers demand to make a prepayment, the presence in the hands of the preliminary contract will help to avoid scammers and will be guaranteed that your money will not be thrown out on the wind.

Video about risks and possible fraud:

The document includes information about the object of the transaction, the data of the seller and the buyer, the price of housing.

It also reflects the calculation options and other nuances:

• Date of making money as payment;
• If the sale is carried out by proxy, its details are presquently prescribed;
• Date and place of drawing up;
• Signatures of both sides.

If the buyer leaves a deposit, its size is prescribed.

Main conditions and mandatory points

Allocate three important conditions for which the primary document is signed:

• Real estate, which is the object of the contract, is described in all details;
• Full information is indicated about both sides participating in the transaction;
• Data on the final price of the apartment acquired.

If they are absent, then the meaning of the design of the PGCP is lost.

The following mandatory items should also be present in it:

• Option calculation between the parties;
• The amount of advance payment made by the buyer;
• Details of the power of attorney, if there is such available;
• Terms of registration of the main contract.

The absence of one or more important items will lead to the fact that the document will lose force.

DCP validity period

Most often, the validity period is consistent between the parties when signing the contract. If the moment was missed, according to paragraph 6 of Article 429 of the Civil Code of the Russian Federation, the document is valid for twelve months. After this period, it loses legal force.

Basic mistakes

The main embosity that buyers make is the signing of a preliminary agreement on the intentions of the purchase and sale of real estate in an elevated building. The document is drawn up for a fictitious room, and this is illegal. Sometimes, the judge falls on the side of the acquirer, and recognizes the paper to be real, but should not be undecided.

The second mistake is not the sound of important details of the contract. This omission can provoke conflicts between the parties when making the main document. To avoid this, take care of the correct compilation of the primary contract.

Customer termination

The acquirer of real estate has the right to break the transaction, if he found an option with a smaller cost. If the buyer decided to terminate the contract, then the deposit (if available) remains at the owner of the apartment. This makes it possible to reimburse the alleged damage from finding housing in armor.

If, when filling in the foredown, the buyer did not contribute an advance, then none of the participants in the transaction are prohibited by penalties.

Conclusion

A sample of a preliminary contract for the sale of an apartment with a decoration of a deposit includes a list of important conditions and responsibilities of the parties. In the future, these data are also prescribed in the main document.

The primary agreement in 2020 is one of the most important securities that are issued and signed before buying real estate.