The main and basic requirement for the contract of sale - it must clearly, clearly indicate what exactly, from whom and to whom the property is transferred, as well as in what order and within what time frame this should happen. In addition, there are other important (albeit not to the same extent) requirements for a contract for the sale of an apartment on a mortgage:
The legislation of the Russian Federation does not regulate which of the parties must be involved in the preparation of the document. Thus, both the buyer and the seller can do this, depending on the agreements between the parties to the transaction.
However, due to the need to list in the contract specifications housing, as well as the legal grounds for using the property, The contract is usually drawn up by the real estate seller..
The authorities of Rosreestr and the bank have essentially the only requirement for this document in terms of the form of the contract: it must provide fully comprehensive information about the obligations and rights of the parties, as well as the existence of grounds for the transfer of rights. In this regard, any of the parties can draw up a sale and purchase agreement on their own, without the help of lawyers or realtors, and the procedure can do without problems at the stage of registering the transaction, if everything is done correctly.
To successfully complete the procedure, you must act in accordance with the typical samples of this document; as a rule, they already include all the necessary sections in their template:
If the parties decide to draw up an agreement on their own, they are advised to contact the branch of the creditor bank. There, employees can either issue a printed list of requirements for the sections and content of the contract, or issue a ready-made final sample. In both cases, the participants in the transaction will greatly simplify the procedure for drawing up a document, as well as increase the chances of its full legal recognition.
At the very least, if the parties are not confident in their abilities, contacting a realtor or a lawyer will be the right decision. Significant costs for the service can be divided between the participants in the transaction, and in return they will receive a ready-made document that is 100% correct from a legal point of view.
The number of parts and sub-clauses in the contract can easily exceed a hundred. Therefore, for the convenience of readers, it is best to combine into the list of main sections those parts of the document that are in order and are similar thematically:
Attention: it is necessary to pay special attention to the title documents, as well as the nature of the basis for ownership of the property - the Seller is obliged to indicate these data in this section.
A mandatory point is to clarify the obligations of the Seller: he undertakes from the date of signing the contract of sale until the transfer of real estate to the Buyer not to alienate the rights to this property, not to encumber it and not to allow any deterioration in its condition. Otherwise, the bank will refuse to carry out the transaction, because it will not have any guarantees that everything will end well.
This category also includes the obligatory clause in the section “Mortgage by virtue of law” that immediately after the transfer of rights to the Buyer, an encumbrance is imposed on the property to ensure the fulfillment of the obligations of the borrower.
Without specifying the procedure and terms of settlement with the Seller, Rosreestr will not accept the agreement for registration, since formally the agreement will cease to carry out the function of sale. Thus, the Rosreestr authorities will either notify you of the need to draw up a new sale and purchase agreement indicating the procedure and settlement period, or will offer to issue a more suitable exchange / donation agreement instead, which in the event mortgage lending is simply impossible.
There are also two separate clauses that should never be included in a mortgage sale and purchase agreement:
Due to the fact that Rosreestr may not be satisfied with the collected package of documents (it may consider it incomplete, for example), and in some cases it may completely suspend the entire process of reissuing rights until the circumstances are clarified ( complete list documents that will be required for the transaction, we considered in). In this case, the creditor bank and the borrower run a significant risk, because the money has already been transferred to the Seller, and the rights still remain with him.
In a correct sale and purchase agreement, the Seller undertakes to transfer the rights to real estate to the Buyer under the deed of transfer within ten working days (depending on the agreements, this condition is optional) from the moment the bank credit funds are transferred to the Seller. The obligation to transfer rights under the deed of transfer is regulated by Art. 556 of the Civil Code of the Russian Federation.
However, buyers who tried to fraudulently obtain more convenient conditions will be disappointed - Rosreestr will not register such an agreement due to violation of the law.
A correctly drawn up contract should state: in case the Buyer fails to fulfill its obligations to pay the down payment and / or monthly payments provided for in this sales contract, the Seller has the right to terminate this contract unilaterally; termination is considered as such from the day when the notice of termination reached the Buyer.
If the rights to the property have already been transferred to the Buyer, he undertakes to return the property and rights to it to the Seller.
As you can see, drafting a sales contract requires some legal preparation Therefore, citizens who do not have at least minimal qualifications in this area are still advised to seek help from professionals. Then you can guarantee success at the stage of registering the transaction, and hence the success of the entire mortgage procedure as a whole.
If both parties to the transaction fully fulfill their obligations specified in the contract, then from the moment when the rights to the property were transferred and the seller received his money for the sale of the property, the contract is considered fulfilled and its validity period is terminated.
Thus, the contract of sale does not have a period of validity regulated by law or a bank; theoretically, you can keep it with you for at least a few years, after a while it will still be possible to register it with Rosreestr - provided that otherwise was not agreed in the contract.
However, if the contract was notarized - and the presence of a notary for the parties to the transaction is of fundamental importance - then the certification period is limited to one calendar year from the date of contacting the notary. Moreover, the validity period of other documents (the spouse's consent to the sale and purchase of real estate, an extract from the house book, and so on) usually has a clear framework - on average, for documents, the validity period does not exceed one calendar year.
Although the treaty itself does not have a clear expression of its duration, it is nevertheless limited in duration.
The contract most often states that the validity of the document is terminated along with the end of the fulfillment of obligations by the parties. In some cases, the term is still indicated, and this happens by agreement of the parties.; then, on the expiration date, the obligations of the parties to the transaction, regulated by the contract itself, terminate.
The costs for the procedure are as follows:
For opening a letter of credit account, in comparison with other types of transfer of funds, you will have to pay the most - from 10 thousand rubles to 25 thousand rubles for the entire period of use.
Due to the fact that very large sums of money change hands daily in the real estate market, this segment of the economy has always been attractive to scammers. Because of this, it is far from always possible to accurately determine which seller is honest and who is trying to fraudulently earn dishonest money.
For this reason the buyer should first of all look at the section "Subject of the contract"; it indicates on what basis the seller received the property, as well as what document he confirms his rights to the property. It is advisable to verify these data with all available information - sellers are required to provide documents to the buyer even before the conclusion of the contract.
Moreover, some documents - an extract from the house book, an extract from the USRN - can be taken independently. It is advisable not to be too lazy and get them from the authorized bodies, after which all the data must be carefully verified and, at the slightest discrepancy, immediately express your concerns to the Seller and familiar lawyers. If all the data converge, thanks to independently obtained certificates and extracts, you can only once again be convinced of the honesty of the seller and identify the falsity of the documents provided.
The seller also needs to be vigilant. At the stage of concluding the main contract of sale, as a rule, it is not long before the final transfer of most of the money and the re-registration of rights. Therefore, special attention should be paid to the procedure for registering the contract, as well as the timing of payments.
So, for example, in no case should the contract contain a line about the impossibility of terminating the contract unilaterally; the transfer of real estate should take place only after receiving money from the bank, but no later than submitting documents for consideration to the Rosreestr authorities. Only in this case, all three parties - the buyer, the seller and the creditor bank - will be completely satisfied with the results of the transaction.
In addition to the above, the contract of sale has other "pitfalls". So, for example, the contract should contain a clause on the full responsibility of the seller and the buyer at the time of the conclusion of the contract. The clause is necessary so that in the future, neither party to the transaction could sue, trying to recover money / real estate on the basis of "insane state".
Unfortunately, such almost fraudulent schemes can hardly be called a rarity in Russia; in the practice of private realtors and professional lawyers, such stories occur regularly. The same applies to the clause on the absence of claims regarding the content of the contract.
Moreover, the contract must necessarily contain a clause according to which the quality of housing, its market and appraised value was established on the basis of documents from the BTI, as well as an assessment report; in this regard, the buyer was initially notified of the condition of the property.
If this clause is absent in the contract, a dishonest buyer can take advantage of this and sue; based on the results of litigation, the cost of housing can be greatly reduced, and in some cases the seller will even be required to pay a fine for concealing data, as well as compensate for the damage to the injured party.
We talked in more detail about what risks the parties may face when buying and selling an apartment in a mortgage and how to avoid them.
Purchase and sale agreement - a document on which practically the entire mortgage lending procedure is based; in importance, it is comparable only to a mortgage agreement.
From this we can conclude that the complexity of compiling this document is commensurate with its importance; but, if you look a little more optimistic, it is the high importance of the sale and purchase agreement that allows you to breathe freely, as soon as it has been drawn up and registered with Rosreestr. Indeed, at this stage, obtaining a mortgage actually ends - all that remains is to sign the final act of acceptance and transfer.
And if the parties, even before signing the act, draw up an agreement in accordance with all the rules, without hesitating to resort to legal sources, then the process of its registration will be very fast and efficient.
If you find an error, please highlight a piece of text and click Ctrl+Enter.
Not everyone has the financial means to purchase their own home. You can solve this problem by applying for a mortgage loan. This makes it possible to gradually pay the cost of the purchased property. The main document regulating the terms of the transaction is a contract for the sale of an apartment under a mortgage (DCT). You can become a happy homeowner only after a thorough analysis of all the conditions of this document.
The bank is responsible for drawing up the bill of sale secured by the loan. This is convenient for all participants in the transaction, since in financial institution There is a legal department that professionally handles such issues. However, before putting your signature at the bottom of the document, you should familiarize yourself with its structure, content and appearance.
The essence of each item of PrEP housing when buying should be studied and comprehended. You can sign a paper only after agreeing all important nuances between buyer, seller and lender.
The first paragraph of the document explains its essence. A contract for the sale of an apartment using a mortgage is a bill of sale with elements of a mortgage contract. The transaction is concluded between three parties: the Seller, the Buyer and the Lender.
The text of the document gives short description alienated loan property as a subject of mortgage: address, general and living space. Ownership is confirmed by a registration certificate, the series number and date of issue of which also appears in the contract.
In this section, the seller confirms the fact that he is the full owner of the property at the time of drawing up and signing the contract for the sale of an apartment using a mortgage. He guarantees that the property is not mortgaged or under arrest and that third parties do not claim ownership of it.
In addition, the seller vouches that he has no payment arrears utilities, and the alienated housing is in proper condition for further operation and does not pose a danger to residents.
The next paragraph highlights the conditions for the transfer of the mortgage object to the mortgagor and the mortgagee (he is also a creditor, lender). Housing passes into the possession of the buyer (he is also a pledgor, borrower) and for the use of his family members on the basis of the state. registration of rights to it. Mortgage DCT registration occurs after the transfer of part of the payment for the cost of the apartment by the borrower. After that, the lender has the right to pledge.
According to this agreement, the borrower assumes the fulfillment of the following circumstances:
Mutual settlement between the parties is described in a separate paragraph of the document. As a rule, it consists of two stages:
The lender transfers funds only after the buyer provides him with a copy of the receipt confirming the repayment of part of the cost of the property being acquired.
The most voluminous clause of the contract is the enumeration of the rights and obligations of the parties to the transaction. This issue is maximally disclosed, and requires a detailed study.
The seller undertakes:
The seller has the right:
Obligations of the pledger:
Buyer's rights:
The rights of the creditor arise on the basis of the monetary policy and the mortgage bond, and are governed by the following conditions:
Each of the parties to the mortgage DCT is liable for failure to fulfill its obligations. This issue is covered in the following conditions of the bill of sale:
Failure to fulfill or improper fulfillment of obligations entails early termination of the contractual relationship between the pledgee and the pledgor. In this case, the creditor sends an appeal for recovery to the court, and subject to its satisfaction, the apartment is sold. The amount received from the sale is used to pay off the debt under the mortgage DCT and is distributed as follows:
If the amount received from the sale does not cover the above articles, then the pledgee has the right to satisfy his financial requirements through the sale of other property of the mortgagor.
A bill of sale with the use of credit funds enters into force after its state registration. Its validity period:
This paragraph addresses the following questions:
This section contains the contact and personal details of three parties:
The data provided is signed. Legal entities additionally secure it with a seal.
In order to ensure the guaranteed fulfillment of obligations by all participants in the transaction, a preliminary contract for the sale of an apartment on a mortgage is drawn up. It makes it possible not only to correctly formulate the terms of the transaction, the rights and obligations of the parties in advance, but also to think about the advisability of supplementing and changing these conditions.
For example, in this document it is worth considering such an important aspect as a preliminary assessment by the lender of a property object that is bought under a mortgage DCT in order not to be denied a loan in the future.
The contract of purchase and sale of an apartment in a mortgage makes it possible to purchase property using credit funds. Based on this document:
As a rule, three parties appear in the document, however, there are cases when the seller and the lender are represented by the same person.
We are waiting for your questions in the comments.
Our lawyer can help you with all the documents. Sign up for free consultation in a special form.
Please rate and like this post now.
It is no secret that when buying an apartment on a mortgage, you should carefully draw up a contract of sale. This page contains the text of a sample agreement for a secure sale and purchase transaction. Read the entire contract carefully and make changes if necessary.
"_____" _________ 20___
________________
, hereinafter referred to as __ "Seller", represented by _______________, acting on the basis of _______, on the one hand,
gr. ________________________, hereinafter referred to as the "Pledger-Purchaser", on the other side and
___________________ (name of the bank), hereinafter referred to as the "Creditor-Pledgee", registered central bank Russian Federation(Certificate No. _______ dated "_____" ______ _____), represented by _______________, acting ___ on the basis of _________, from a third party, have entered into this agreement as follows:
1.1. This Agreement is a mixed civil law agreement with elements of a residential property purchase and sale agreement and a mortgage agreement.
1.2. The Buyer-Pledger at the expense of credit funds provided by the Lender-Pledgee in accordance with the Loan Agreement No. ____ dated "_____" ______ ______, concluded between the Lender-Pledgee and the Buyer-Pledger (hereinafter referred to as the Loan Agreement), buys an apartment from the Seller , located at: ____________________________________, consisting of ____ rooms with a total area of ______ sq. m., living area _____ sq. m (hereinafter referred to as the Apartment (subject of mortgage)), and transfers this Apartment Creditor-Pledgee as a pledge (mortgage).
1.3. The specified Apartment belongs to the Seller on the basis of _________ (title document, certificate of state registration of ownership, etc.).
1.4. Inventory cost The apartment specified in clause 1.2 of this Agreement is ___________ (______________) rubles, which is confirmed by certificate No. ______ dated "____" ____, issued by _________________________.
1.5. The apartment (subject of mortgage) is sold at a price of _______ (_____________________) rubles.
1.6. The Buyer-Pledgor and Lender-Pledgee at the time of signing this Agreement evaluate the Apartment as a subject of mortgage at ________ (_________) rubles.
2.1. The Seller represents and warrants that:
2.1.1. Is the full and legal owner of the Apartment (mortgage subject). Until the conclusion of this Agreement, the Apartment has not been alienated, not mortgaged, is not in a dispute or under arrest, is not burdened by the rights of third parties, the Seller’s ownership right is not disputed by anyone, which is confirmed by an Extract from the USRR issued by __________ (the body that registers the rights to real estate and transactions with it) from "___" _________ ____
2.1.2. The apartment does not have any properties, as a result of which its loss, damage or damage may occur.
2.1.3. At the time of the conclusion of this agreement, the Seller has no debts on utility and tax payments for the Apartment (mortgage subject).
3.1. State registration of this Agreement is carried out after partial payment by the Buyer-Pledgor of the cost of the Apartment in the amount established by clause 5.1.1 of this Agreement.
The ownership of the Apartment passes from the Seller to the Buyer-Pledgor from the moment of state registration of the transfer of ownership to the Buyer-Pledger.
3.2. Family members of the Buyer-Pledger acquire the right to use the Apartment (the subject of mortgage) after the state registration of the transfer of ownership to the Buyer-Pledger. The Parties acknowledge that the registration of family members of the Buyer-Pledger at the place of permanent residence without state registration of the real right to use the residential premises does not entail the emergence of the right to use the residential premises by members of the Buyer's family.
3.3. The right of pledge from the Lender-Pledgee to the Apartment (subject of mortgage) arises from the moment of state registration of the transfer of ownership of the Apartment to the Buyer-Pledgor.
4.1. The apartment (subject of mortgage) ensures the fulfillment of the obligations of the Buyer-Pledgor arising on the basis of loan agreement.
4.2. Obligations, the fulfillment of which is ensured by this Agreement, include, but are not limited to:
5.1. The Buyer-Pledger pays the Seller the amount specified in clause 1.5 of this Agreement in the following order:
5.1.1. Cash in the amount of ______ (_____________) rubles, which is _____% of the cost of the Apartment (subject of mortgage) is transferred by the Buyer-Pledgor to the Seller's account within _____ days from the date of conclusion of this Agreement.
5.1.2. Credit funds in the amount of ______ (______) rubles, constituting ____% of the cost of the Apartment (subject of mortgage) are transferred by the Lender-Pledgee on the basis of the order of the Buyer-Pledgor from his account on the deposit operating in the demand mode No. _____________________, opened by the Lender-Pledgee, to the Seller's account specified by him in this Agreement, within _____ days after the Buyer-Pledgor provides the Creditor-Pledgee with a copy of the document confirming the payment of ___% (________ percent) of the cost of the Apartment in accordance with clause 5.1.1 of this Agreement.
6.1. The seller is obliged:
6.1.1. Within _____ days from the date of transfer of funds to his account in the amount specified in clause 1.5 of this Agreement, take all necessary actions to formalize the transfer of ownership of the Apartment to the Buyer-Pledger, for the actual transfer of the Apartment (subject of mortgage) into the ownership of the Buyer - to the Pledgor, as well as to transfer the keys to the Buyer-Pledger, to carry out other actions necessary for the Buyer-Pledgor to exercise the right of ownership in full. The transfer of the Apartment is carried out according to the act of acceptance and transfer.
6.1.2. On the date when the Buyer-Pledger acquires ownership of the Apartment (subject of mortgage), pay in full all communal payments, taxes and other expenses that are due from the owner of the Apartment.
6.2. The Seller has the right to terminate this Agreement if the parties fail to comply with clause 5.1 of this Agreement.
6.3. The Buyer-Pledger is obliged:
6.3.1. Insure the said Apartment (subject of mortgage) in favor of the Lender-Pledgee for an amount not less than its appraised value(loan debt and interest due for its use for a period of at least 1 year) against the risks of loss (destruction), shortage or damage for all cases provided for by the insurance rules of the insurer, as well as provide the Lender-Pledgee with a copy of the insurance rules, a copy of the relevant insurance contract , certified by the insurance company, the original and a notarized copy of the insurance policy, a document confirming the payment of the insurance premium in full, within 5 (five) working days from the date of signing this Agreement by the Parties.
6.3.2. Annually renew insurance until full fulfillment of obligations under the Loan Agreement. The term of the insurance contract must exceed the loan repayment period specified in the Loan Agreement by at least six months.
6.3.3. Carry out insurance on the above conditions on your own behalf and at your own expense.
6.3.4. To agree in writing with the Creditor-Pledgee all changes in the terms of the Insurance Agreement.
6.3.5. Take all necessary measures to ensure the safety of the Apartment as a subject of mortgage, including from encroachments and demands from third parties.
6.3.6. Coordinate in writing with the Creditor-Pledgee the actions related to encumbrance of the Apartment with the rights of third parties.
6.3.7. Provide the Creditor-Pledgee with data on the composition of persons permanently or temporarily residing in the Apartment, and the grounds for their residence; before the new tenants move in, provide the Lender-Pledgee and the passport service, during registration before their actual move-in, with notarized obligations of the movers to vacate the occupied Apartment within a month from the date the new owner submits a demand to vacate the Apartment.
6.3.8. Not to take actions that result in damage or loss of the Apartment (subject of mortgage) or decrease in its value, with the exception of a decrease in the value resulting from normal wear and tear.
6.3.9. Immediately notify the Lender-Pledgee of the threat of loss or damage to the Apartment.
6.3.10. Provide the Lender-Pledgee with the possibility of documentary and factual verification of the availability and condition of the Apartment (subject of mortgage).
Within 5 (five) business days, provide the Lender-Pledgee with any requested information regarding the Apartment.
6.3.11. Immediately notify the Lender-Pledgee of changes that have occurred in the Apartment (subject of mortgage), its violations by third parties or claims of third parties to the Apartment.
6.3.12. Within 5 (five) business days from the date of signing this Agreement by the Seller, the Buyer-Pledgor, the Lender-Pledgee, submit a complete set of documents required for the state registration of this agreement to _____________ (the body that registers rights to real estate and transactions with it) .
6.3.13. If there are minors, incapacitated persons and persons with limited legal capacity, who, in relation to the purchased Apartment, will be the owners of the Buyer-Pledger or be members of his family, provide the consent of the guardianship and guardianship authorities to transfer the Apartment as a pledge and its possible alienation in case of failure to fulfill the terms of the Credit contracts.
6.3.14. Replace, at the request of the Lender-Pledgee, the Apartment (mortgage subject) with equal-value security within _____ (__________) business days from the date the Buyer-Pledgor receives a written notice from the Lender-Pledgee about the replacement of the Apartment in case of its loss or damage, or if the ownership of it is terminated on the grounds prescribed by law.
6.4. The apartment (mortgage subject) is located with the Buyer-Pledger. Subsequent pledge of the Apartment without the consent of the Lender-Pledgee is not allowed.
6.5. The Buyer-Pledger is fully responsible for the Apartment, for the risk of its accidental loss or accidental damage.
6.6. The Buyer-Pledger has the right:
6.6.1. Use the Apartment in accordance with its intended purpose, ensuring its safety.
6.6.2. Terminate foreclosure on the Apartment at any time prior to its sale by fulfilling the obligation secured by the pledge or that part of it, the fulfillment of which is overdue.
6.7. The Lender-Pledgee has the right:
6.7.1. Satisfy your requirements from the amount insurance compensation in the event of an insured event.
6.7.2. Check the documents and actually the availability, size, condition and conditions of use of the Apartment and demand for this purpose the provision of the necessary documents.
6.7.3. Require the Buyer-Pledger to take measures necessary to preserve the Apartment (mortgage subject).
6.7.4. Act as a third party in a case in which a claim is being considered for the Apartment, which is the subject of mortgage under this Agreement.
6.7.5. To foreclose on the Apartment before the due date for the fulfillment of the obligation secured by the pledge if the Buyer-Pledger fails to fulfill the obligations stipulated by the Loan Agreement.
6.7.6. Require the Buyer-Pledgor to fulfill its obligations ahead of schedule in cases provided for by the current legislation of the Russian Federation.
6.7.7. Terminate the right to use the Apartment (subject of mortgage) by family members of the Buyer-Pledger in case of foreclosure on the apartment (subject of mortgage).
7.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the parties shall be liable in accordance with the current legislation of the Russian Federation.
7.2. In case of violation by the Buyer-Pledger of any of his obligations under this Agreement, the Lender-Pledgee has the right to recover from the Buyer-Pledgor a fine in the amount of ____% (________ percent) of the value of the collateral specified in clause 1.6 of this Agreement.
The fine must be paid by the Buyer-Pledgor within 10 (ten) working days from the date of receipt from the Lender-Pledgee of a written request for payment of the fine. Payment of the fine does not relieve the Pledgor from fulfilling his obligations under the Agreement.
7.3. In the event of foreclosure on the Apartment (mortgage subject), the Buyer-Pledger and members of his family, who at the time of foreclosure have the right to use the Apartment, lose the right to use the specified Apartment and undertake to release it within ________ after the court decision on foreclosure (or conclusion Agreements on the extrajudicial procedure for foreclosing the pledged property, or drawing up an agreement on compensation).
7.4. In the event of partial fulfillment by the Buyer-Pledgor of the obligations secured by the pledge, the pledge is retained in its original amount until the full and proper fulfillment by the Buyer-Pledgor of the obligation secured by the pledge.
7.5. The Buyer-Pledgor shall not have the right to assign or transfer, in whole or in part, its rights under this Agreement without the written consent of the Lender-Pledgee.
8.1. Foreclosure on the Apartment (subject of mortgage) to satisfy the requirements of the Creditor-Pledgee is carried out in case of non-fulfillment or improper fulfillment by the Buyer-Pledgor of any obligations under the Loan Agreement.
8.2. The amount received from the sale of the Apartment goes to repay the debt under the Loan Agreement in the following order:
1) for reimbursement of court and other expenses for debt collection;
2) to pay a penalty;
3) for payment of overdue interest;
4) for the payment of urgent interest;
5) to pay off overdue loans;
6) to pay off urgent debt on a loan.
8.3. In case of insufficiency of the amount received from the sale of the Apartment to satisfy the requirements of the Lender-Pledgee, the Lender-Pledgee has the right to receive the missing amount from the other property of the Buyer-Pledgor.
9.1. The contract is considered concluded from the moment of its state registration in accordance with the procedure established by the legislation of the Russian Federation.
9.2. The agreement is valid:
9.2.1. In terms of the purchase and sale of the Apartment - until the date of full fulfillment by the Seller and the Buyer-Pledgor of mutual obligations under this Agreement. After the specified date, all Agreements on changing or supplementing the terms of this Agreement will be Agreements on changing or supplementing the terms of this Agreement regarding the mortgage of the Apartment and are made between the Lender-Pledgee and the Buyer-Pledger without the participation of the Seller.
9.2.2. In terms of encumbrance of the Apartment with a mortgage - until the date of full fulfillment of the obligations of the Buyer-Borrower under the Loan Agreement.
10.1. The terms of this Agreement are confidential and not subject to disclosure, except as provided by the current legislation of the Russian Federation.
10.2. In all other respects that are not provided for by the terms of this Agreement, the parties will be guided by the current legislation of the Russian Federation.
10.3. Disputes under this Agreement are considered ___________.
10.4. An agreement to amend or terminate this Agreement is made in writing, by concluding additional agreements signed by the parties and registered in the manner prescribed for this Agreement.
10.5. If one of the parties changes bank details, postal address or registration address, it is obliged to inform the other party about this no later than 3 (three) business days from the date of the actual change in details.
10.6. Any notification and other communication sent by the parties to each other under this Agreement must be made in writing. Such notice or message shall be deemed to have been properly sent if it is delivered to the addressee by courier, registered mail with acknowledgment of receipt or telefax to the address specified in this Agreement.
10.7. All annexes to this Agreement are its integral part.
10.8. The repayment of the mortgage registration record is made on the basis of the application of the Buyer-Pledgor and Lender-Pledgee.
10.9. The costs of registering this Agreement in _________ (name of the body for registration of rights to real estate and transactions with it) shall be borne by the Buyer-Pledger.
10.10. The agreement is drawn up in _______ copies of equal legal force, one of which is kept in the body that carries out state registration of rights to real estate and transactions with it, ________ - with the Seller, _______ - with the Buyer-Pledgor, ______ - with the Creditor-Pledgee.
».The procedure and conditions for concluding a contract for the sale of an apartment in a mortgage are regulated by federal law No. 102-FZ of July 16, 1998 " » . The same law regulates the rights and obligations of the parties under the contract. In addition, the conditions for concluding a contract for the sale of real estate are set out in.
A mortgage agreement is concluded in a mandatory written form and is subject to state registration.
Important! Failure to comply with the rules on mandatory state registration of the contract entails its invalidity. Such an agreement is considered null and void.
The contract is considered concluded from the moment of its state registration -.
To mortgage agreement the rules stipulated for payment for goods purchased on credit are applied, namely, the payment of interest by the buyer in case of violation of his obligations to pay for the goods. The calculation of interest is carried out according to the rules that provide for liability for non-fulfillment of a monetary obligation.
For violation by the buyer of the terms of payment of obligations, the seller may demand full repayment of the amount of the loan in installments -.
4.1.3. On the day of receipt of funds from the BUYER, according to submit documents confirming the receipt of the specified funds from the BUYER.
(The obligations of the SELLER specified in paragraphs and can be changed based on the practice established in the region regarding the terms of the transfer of the apartment and the provision of documents confirming payment).
4.2.1. Demand termination of this Agreement in case of non-receipt of the funds specified in, - within _______ days [Maximum period - 15 (Fifteen) days], counting from the date of signing this Agreement;
4.2.2. Keep the APARTMENT being sold from being transferred to the BUYER until its full payment.
4.3.1. Pay for the purchased APARTMENT at the price specified in , in accordance with the conditions described in section 3 of this Agreement.
4.3.2. Accept from the SELLER the acquired APARTMENT in possession after its actual receipt.
5.1. This Agreement shall enter into force (considered concluded) from the date of its state registration (in accordance with, the parties understand.
5.5. The risk of accidental loss or accidental damage to the subject of mortgage after the transfer of the APARTMENT to the BUYER shall be borne by the BUYER.
5.6. BUYER (m.b. SELLER, or in shares with SELLER) pays all costs associated with state registration of this Agreement, state registration of the transfer of ownership of the APARTMENT to the BUYER with the encumbrance of the APARTMENT with a mortgage by virtue of law and the issuance of a mortgage to the CREDITOR.
5.7. In case of partial fulfillment of the obligation secured by the mortgage, the mortgage by virtue of the law for the APARTMENT is retained in its original amount until the BUYER fully fulfills its obligations arising from the Loan Agreement and from the Targeted Housing Loan Agreement.
5.8. The parties to this Agreement confirm that they are not deprived of legal capacity, are not under guardianship and guardianship, do not suffer from diseases that prevent them from understanding the essence of the Agreement, and there are no circumstances forcing them to conclude the Agreement on extremely unfavorable conditions for themselves.
5.9. The SELLER hereby notifies the BUYER that as of the date of signing this Agreement in the APARTMENT:
a) the following persons reside and are registered at the place of residence: ___________________________
Gr. _____________________________,
Which will be deregistered and vacate the APARTMENT within ___ days from the date of _________________
(If no one is registered in the Apartment and / or has no intention to live, then only this information is indicated in this paragraph. If someone lives and must vacate the apartment, then the period is indicated when the Apartment must be vacated with the consequences of not fulfilling this requirement ).
5.10. In all other respects that are not expressly provided for by this Agreement, the Parties shall be guided by the current legislation of the Russian Federation.
5.11. This Agreement is drawn up and signed in ____ copies of equal legal force, one for the body that registers rights to real estate and transactions with it, and one copy for each of the parties.
