When the question arises of signing a paper such as a preliminary contract for the sale of a house, people are afraid that there is some kind of catch hidden in this.
What is this document, and what are the nuances in this procedure?
Such a document is drawn up by the buyer and seller of a private house if the transaction cannot take place immediately. Usually, a preliminary contract for the sale of a house has to be signed when the buyer is satisfied with everything - the layout, location, condition of the structural elements, even the cost.
But there are objective reasons to postpone the deal:
By signing a preliminary contract, both parties to the future transaction benefit: the future owner of the estate can stop searching, being sure of acquiring this particular home, at an already agreed price that is acceptable to him. The seller can safely finish the paperwork, knowing exactly when and for what amount he will sell this house.
Concerning the legality of such a procedure, doubting citizens can be assured: by law, in the person of clause 1 of Art. 429 of the Civil Code of the Russian Federation, the signing of a preliminary sale and purchase agreement is provided for. It is important to understand that this contract on a future deal is not just a paper, but a serious document, with certain obligations arising from the fact that both parties have certain obligations to each other.
In order for such a contract to have legal weight, it must, in form, fully meet all the requirements of clause 2 of Art. 429 of the Civil Code of the Russian Federation. You should not try to stipulate in one document all the parties regarding the binding of the property to your desire to take possession of it: the form of the preliminary sale and purchase agreement does not contain information on the transfer of the deposit.
The handing over of the deposit, the obligation to return it, should be correctly drawn up in a separate document, called the deposit agreement.
This means that the preliminary contract, with the clause on the transfer of the deposit included in it, when considered in court, an incorrectly drawn up contract will not be able to help the owner of the house to keep the deposit, the money will have to be returned.
A preliminary contract for the sale of a house only fixes on paper the intentions of the parties to make in the future, albeit not far off, the transfer of ownership of a residential building.
How to draw up a preliminary contract for the sale of a house? This document must contain the following information:
When describing the “Subject of the Agreement”, you need to specify in detail the address, as well as the characteristics of the residential building, and do not forget to specify the cadastral numbers of the building and the land plot, as well as where and when the ownership of the house and land was registered separately.
The absence of title documents for real estate objects does not give the owner the right to participate in the process of a pre-sale company, accompanied by the execution of a preventive contract.
The following documents must be attached to the preventive contract:
Such a serious paper is drawn up in 3 copies: one for each of the parties, and the third will have to be transferred to the Federal Registration Service along with the main agreement. If the deposit agreement is not drawn up separately, then the amount transferred as a deposit will be taken into account as an advance payment.
The preventive contract does not require registration, and the participation of a notary is not necessary, although it is desirable.
Each paragraph of the preliminary paper must be carefully read and understood, and if something does not suit you, then you should insist on the exclusion of this paragraph.
If everything that is said and written in this agreement is true, both parties are represented by normal, decent people, then there is nothing wrong with putting your signature under such a document. But there are also nuances that indicate the presence of risks.
Be sure to check the age of manufacture technical passport to the property.
If the buyer is a specialist in construction or in matters of real estate trading, then after familiarizing himself with the layout of the house in kind, he will be able to find out how accurately the registration certificate corresponds to the actual location of the premises.
The fact is that there may subsequently be a discrepancy: the registration certificate was attached to a long-standing one, and the redevelopment carried out was not framed.
There is still a danger of acquiring a residential facility with minor children registered in this residential area or with a tenant in custody - after all, a preventive contract does not require the provision of a certificate of registered tenants, not only archival, but even normal look. Therefore, it is worth asking the owner for an archival certificate about the tenants at this address.
There is also no complete certainty that the pre-signed paper does not concern a residential building with encumbrances (this becomes apparent when drawing up the main version of the document for the sale, at the request of a notary).
It is important to clarify this nuance (lack of attachment, pledge, etc.) to the buyer before putting his signature on the preliminary version.
It may happen that by the time the main sale and purchase agreement is signed, the buyer has not been able to collect the full amount of the cost of the house from land plot.
A preliminary contract for the sale of a land plot is concluded between the seller and the buyer in order to fix their intentions to make a deal. This document must be drawn up when it is not possible to formalize the main agreement at the current time. The most common causes:
A preliminary agreement is a way to secure the consent of both parties to the purchase and sale of a land plot with or without a house. At the same time, the seller has guarantees that the second party will not refuse the transaction, and the buyer - that the seller will not change the terms of the agreement.
If one of the parties subsequently refuses the transaction, the rules enshrined in paragraph 4 of Art. 445 of the Civil Code of the Russian Federation. You can demand the execution of the agreement within six months from the moment when one of the parties violated its obligations.
Article 550 of the Civil Code indicates that only a written agreement has legal force.
Article 550 of the Civil Code of the Russian Federation. Real estate sale contract form
The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties (paragraph 2 of Article 434).
Failure to comply with the form of the contract for the sale of real estate entails its invalidity.
A preliminary contract for the sale of a land plot with or without a house is primary document on the basis of which the main agreement is drawn up. It contains information about the participants in the transaction, the subject and terms of signing the main one (read about the nuances of drawing up and concluding a contract for the sale of a land plot, and from you will learn about the features and differences of a contract for the sale of a land plot between individuals or legal entities). The main differences between the designated documents:
It is advisable to draw up a preliminary agreement for the sale of land for a certain period of time, necessary, for example, for documentary preparation or for the purchase of a plot (if it is encumbered). In the process of drawing up and signing a document, key points should be taken into account:
Before concluding a preliminary agreement, it is necessary to prepare a complete package of documents. To draw up and sign an agreement, you will need:
Legislation imposes certain requirements for the preparation of a preliminary contract.
It should include:
If the land is purchased together with residential buildings, it must be taken into account that these real estate objects are inextricably linked (how to draw up a contract for the sale of a land plot with residential building, you can find out). In accordance with the norms of the Land Code of the Russian Federation, as well as the Civil Code, the alienation of a house is inextricably linked with the alienation of the land on which the building was erected.
In a situation where not the entire building, but only part of it, is subject to sale, a delimitation and subsequent alienation of the corresponding share of the land plot is carried out.
Attention: the contract of sale must indicate the transfer of ownership not only of the structure, but also of the land. Otherwise, the agreement may be invalidated.
When a land plot is sold together with a house, the main characteristics of the building are also indicated in the subject of the contract: general and living space, number of floors, rooms, etc. The price of the house and land, as well as the purchase price, are indicated separately.
An important point is the execution of two technical plans for each of the properties. Drawings and parameters of two real estate objects may not be included in one document. The cost also cannot be displayed in one amount, it must be indicated separately for the house and land. After the price of the entire transaction is prescribed.
A deposit when buying a residential building is a certain amount of money transferred to the seller under the terms of a preliminary contract in order to secure obligations. It is paid into the account of future settlements under the main agreement (it is recommended to indicate this moment in the text of the document).
If there was a preliminary payment, but the transaction did not take place, then the consequences vary depending on which of the parties caused it:
Article 381 of the Civil Code of the Russian Federation. Consequences of termination and non-fulfillment of an obligation secured by a deposit
Moreover, the party liable for non-fulfillment of the contract is obliged to compensate the other party for losses, offsetting the amount of the deposit, unless otherwise provided in the contract.
Purchase and sale of a land plot with the conclusion of a preliminary contract may be carried out with the payment of a deposit. If the money is being deposited to pay for the future value of the property, it is important to provide conditions for return in certain situations, as well as to obtain confirmation of the transfer of a certain amount.
In this case, the payment can be made in cash and non-cash form. Transfer process Money must be documented. When prepayment is credited to the seller's account, such evidence will be payment document(check, receipt), an extract from the buyer's current account, transfer of cash in the presence of a notary, as well as a receipt for receiving a deposit or a separate agreement. it is appropriate to indicate in the preliminary agreement that the funds contributed as a deposit will be used to pay for the purchased land. Such a seemingly obvious nuance can prevent the occurrence of conflict situations in the future.
The preparation of a preliminary agreement for the sale of a house with a land plot should be taken seriously, as this document will become the basis for drawing up the main contract. This is doubly important if the participants in the transaction have decided to make a deposit.
The fact is that the deposit acts as a guarantor of obligations, which means that if the transaction does not take place, one of the parties may suffer material losses.
When concluding this agreement, special attention should be paid to the availability of a complete package of documents from the seller for each property separately - for land and for a house, check the owner's authority to sell the property, make sure that there are no encumbrances or other legal problems due to which the transaction may not take place.
A preliminary agreement, according to which the parties undertake to purchase and sell real estate in the future, is not subject to registration. This is stated in paragraph 14 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation No. 59 dated February 16, 2001. Only a direct transfer of ownership is subject to registration (read about what you need to know when registering a contract for the sale of a land plot).
The preliminary contract is a guarantor of the fulfillment of obligations to conclude an agreement purchase and sale of real estate. However, its signing is not the basis for the emergence of property relations. An additional confirmation of the seriousness of the intentions of the parties may be a pledge, in case of failure to fulfill obligations in this case, the participants will be financially liable. A smart approach to writing this document will be the basis for a successful transaction.
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In order to ensure the execution of the main contract of sale, a preliminary contract for the sale of a house is often drawn up. The preliminary contract specifies the main parameters and characteristics of the future transaction.
Why is a pre-contract necessary?
As a rule, a preliminary contract for the sale of a house is drawn up in order to document in writing the intentions of the parties to make a transaction for the alienation of the house in the future. In order to secure the fulfillment of obligations, a deposit agreement may also be drawn up.
In accordance with the deposit agreement, in confirmation of his intentions, the potential buyer transfers a sum of money to the seller, and the seller undertakes to perform certain actions and, on the date and time agreed by the parties, conclude a house alienation deal under certain conditions.
It is the rights and obligations of the parties, the price of the transaction and the procedure for its implementation that are indicated in the preliminary contract for the sale of a house. In the event that one of the parties, for some reason, does not enter into the transaction, the other party may demand the fulfillment of obligations in judicial order(compel a transaction) or receive monetary compensation in accordance with the terms of the deposit agreement.
The preliminary contract must specify
First of all, it is necessary to describe the property itself: cadastral (conditional) number, location address, area of premises, the material from which the house is built, the presence of communications: gas, electricity, heating, sewerage, etc., existing encumbrances, rights of third parties, the presence of citizens registered in this area.
If any of the parties must perform certain actions by the time the main contract of sale is concluded (pay debts for gas, electricity, collect Required documents etc.), then these circumstances are also subject to reflection in the preliminary contract.
The essential condition for the conclusion of the contract is the transaction price. The transaction price must be indicated in the preliminary purchase and sale agreement so that it cannot be changed unilaterally by one of the parties.
The price of the contract can also be indicated in conventional units (the currency of another country) and payable to the seller on the day specified in the preliminary contract for the sale of a house at the rate Central Bank RF on the day of payment. If payment is made in installments, it is also advisable to approve the debt repayment schedule.
Form of drawing up a contract
A preliminary contract for the sale of a house is drawn up in a simple written form, in a number of copies equal to the number of parties to the transaction. Since this agreement is preliminary, it is not subject to mandatory state registration. By agreement of the parties, the cadastral passport of the house may be attached to the preliminary contract of sale.
The preliminary contract for the sale of a house located below can be downloaded by you absolutely free of charge and used at your discretion, you can also contact us and we will draw up a similar preliminary contract personally for your situation.
Preliminary contract for the sale of a house
G. ___________________
Moscow region "___" _________ 201_.
Gr. _______________________________________________, hereinafter referred to as the Seller, on the one hand,
and gr.______________________________________________
(Full name, date of birth, passport details, resident)
_____________________________________________________________________
hereinafter referred to as the Buyer, have entered into this preliminary agreement on the following:
1. The Subject of the Agreement
1.1. The Parties undertake to conclude by "___" __________ 201_ the main contract for the sale of the house (hereinafter referred to as the "Main Agreement"), the main terms of which the Parties determine in this preliminary contract for the sale of the house.
When acquiring real estate (in our case, the purchase of a house with a land plot), special care is required from both parties to the transaction. It should be borne in mind that one property transaction transfers the right to own two different objects. In the article, we will consider in detail the procedure for drawing up an agreement on a deposit for the purchase of a house and a land plot in 2019.
The procedure for buying and selling a plot with a house includes:
The seller must have all title documents. To purchase a land plot, you need to prepare documents:
Usually, when making a transaction, the parties want to obtain certain guarantees. Such guarantees are ensured by the transfer of the deposit and the execution of the deposit agreement, which will help to avoid the cancellation of the transaction, an unexpected increase in the price of a land plot with a house, and will ensure all the deadlines for the implementation of agreements.
The deposit is regulated by Articles 380 and 381 of the Civil Code of the Russian Federation. This is a certain amount of money that one of the parties to the transaction issues on account of the payments due to it under the contract to the other party as evidence of the seriousness of their intentions - to conclude the contract and ensure its provisions. A deposit agreement when buying a house with a land plot or any other real estate is drawn up in writing.
Money is transferred from the buyer to the seller only after signing the deposit agreement. When drawing up a document, it is necessary to follow the rules that protect the interests of the parties: otherwise, one party will lose money, the other will sell the house to a third party.
The deposit guarantees the success of the transaction, stimulating both parties to fulfill the terms of the concluded agreement. Both counterparties are insured, which is the point of drawing up a deposit agreement.
The legislation does not regulate the size of the deposit when buying a house or other real estate, the amount is determined by agreement of the parties. Usually, 10% of the cost of the entire object being sold is taken.
The deposit is returned if the obligation is terminated before the start of its execution by agreement of the parties or if it is impossible to fulfill it. If the contract is violated because of the buyer, the money remains with the seller. If the seller violates the contract by changing his mind about selling the house or selling it to a third party, he must pay the other party the full amount of the deposit in double size.
The deposit agreement must be drawn up in writing. It should be noted that a verbal agreement is unacceptable. The document is signed after the buyer has inspected the plot of land, and after the parties have discussed everything important points upcoming deal.
The contract must include:
To draw up a deposit agreement when buying a land plot, there is no need to visit a notary.
To draw up a preliminary contract when buying a house with a deposit, you need the following documents:
Cadastral passport - government document, which is issued by Rosreestr, contains complete information about the plot of land. A cadastral passport is issued when the site goes through the registration procedure with the assignment of a number. The document consists of several A4 sheets.
In the absence of a cadastral passport, the owner will have to prove his right to dispose of the property. In the event of a natural disaster, the owner will not be able to receive material compensation for the damage incurred.
The form of the deposit agreement when buying a house with a land plot is printed on a computer. Legislation does not regulate mandatory form contracts.
In the upper left corner indicate the date and place of the conclusion of the contract. All numeric values must be spelled out.
You can download a sample document at . And you can see an example below:
We, the undersigned, Ivanov Valery Rostislavovich, born on 02.11.1986, residing at the address __ (indicate detailed address), hereinafter referred to as "Party 1", and Andreev Yuri Nikolaevich, born on 26.05.1981, residing at ( specify the detailed address), hereinafter referred to as "Party 2", as well as collectively referred to as the "Parties", in order to ensure the fulfillment of the obligations of the Parties, which are established in accordance with the preliminary sale and purchase agreement, have concluded an agreement on the following:
Party 1 transferred, and Party 2 received a deposit in the amount of 100,000 rubles (one hundred thousand rubles) as a guarantee of signing a sale and purchase agreement ___ (an object is indicated, example: a residential building with outbuildings with conditional No. _____, consisting of a main log building with a total area living quarters ___ square meters).
The specified residential building with buildings is located on a land plot with a total area of ____ square meters. Cadastral number ____, category of land ___.
The residential building with outbuildings is owned by Party 2 on the basis of the Certificate of the right to inheritance under the law of __________ year _____ (hereinafter, the registration number in the register, date and place of issue are indicated).
The parties agreed that the cost of a residential building ___ (the conditional number of the object, area, address is indicated) is ____ rubles (the amount is duplicated in words).
Registration and registration of the contract of sale of a residential building are paid separately.
The deposit was transferred to Party 2___ (indicate the method of transfer of funds).
Obligations and responsibilities of the parties
Party 1 undertakes to buy the above object, and Party 2 - to sell the above object within the period of validity of this agreement.
In case of non-fulfillment of obligations by Party 1, the deposit remains with Party 2 in accordance with Art. 381 of the Civil Code of the Russian Federation.
In case of non-fulfillment of obligations by Party 2, the deposit is returned to Party 1 within 7 days in a double amount in accordance with Art. 381 of the Civil Code of the Russian Federation.
Party 2 undertakes to transfer the house in the form in which it is at the time of signing this deposit agreement under the acceptance certificate.
The amount of money specified in clause 4 of this deposit agreement, minus the deposit already paid, is placed before the transaction in the safe deposit box of the bank ____ (the address of the bank is indicated) specified in the preliminary agreement.
Validity
This agreement is valid ___ (indicate the day, month, year) through __ (indicate the date) inclusive.
Additional terms
The Agreement is drawn up in __ (indicate the number of copies), one for each of the Parties to the transaction.
(Any other conditions may be specified at the request of the parties).
When drawing up the contract, in the lower left corner they indicate “Transferred”, under it is signed with a transcript, the date. In the lower right corner - "Received", signature with decoding, date.
A deposit should not be confused with the concept of an advance. Unlike a deposit, there is no clear definition of an advance in the legislation, and the Civil Code of the Russian Federation does not contain specific requirements for an advance payment agreement.
An advance, unlike a deposit, does not guarantee the fulfillment of obligations under the contract, but performs a payment function. In case of non-fulfillment of the contract, the party that issued the advance payment has the right to demand its return in a single amount. The party responsible for the disruption of the transaction does not have to pay any sanctions. But there is an exception here: the penalty is paid if the contract provides for the payment of the penalty.
Since the advance payment is a monetary obligation, the refusal is recognized as unjust enrichment, which is subject to return. The party that refuses to return the money is liable for the unjustified use of other people's funds in the form of paying interest on the amount of these funds.
Advance payment - the amount of prepayment that the buyer transfers to the seller against future payments under the transaction, while there is no security function. If the transaction did not take place, the advance must be returned. An advance payment is the same as a deposit, but without harsh consequences for the parties to the transaction.
If the contract is terminated due to reasons beyond the control of both parties or by mutual agreement, the amount of the deposit is returned. If there are no good reasons for terminating the contract, it can only be returned after litigation.
Sometimes the buyer demands termination of the contract. For example, in the case when the seller is trying to sell real estate of insufficient legal purity. Then the buyer has a chance to return the deposit through the court, but with great difficulty.
A few months before the sale of a house or apartment, it may turn out that the property has another owner who is in prison or in long-term/compulsory treatment. This was not indicated in the contract, the buyer accidentally finds out about it.
If the seller does not want to return the deposit, you can protect your interests in court by Article 451 of the Civil Code of the Russian Federation, which regulates that a significant change in the circumstances from which the parties proceeded when concluding the contract is the basis for its amendment or termination, unless the contract provides otherwise.
If the agent is trying to deceive the buyer, and he wants to refuse the transaction after making the deposit, you can apply the Consumer Protection Law, articles 10, 12 for false information about the product. A house is also a commodity.
The contractor or the seller must provide the buyer with reliable information about the product in a timely manner, which enables them to make the right choice. If false, inaccurate or incomplete information led to the purchase of goods that do not have the qualities necessary for the buyer, he may terminate the contract and demand compensation for damages.
If the deposit was transferred to a realtor or intermediary, and a third party begins to lead the buyer by the nose, violate the terms of the contract, you can terminate the contract and demand the return of the deposit. A third party may refuse and refer to the fact that this deposit is payment on account of commission. If the contract does not indicate that the deposit is equal to a commission, it is urgent to prepare documents for the court, qualifying the actions of a third party as unjust enrichment (Article 1102 of the Civil Code of the Russian Federation).
There is a chance to return the deposit:
A deposit when buying a house is a confirmation of the fact that the preliminary sale and purchase transaction took place, a contractual relationship has developed between the buyer and the seller. But even if part of the money is paid, the buyer will not become the owner of the property at this stage.
The final stage of the acquisition of a land plot with a house is the signing of the main sale and purchase agreement, according to which the ownership of the object will be transferred to the buyer.
SAMPLE
PRELIMINARY AGREEMENT
buying and selling a house with land
St. Petersburg "___"______________
Hereinafter referred to as "Party-1", on the one hand, and
Hereinafter referred to as the "Party-2", on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows (hereinafter referred to as the "Agreement"):
1. THE SUBJECT OF THE AGREEMENT
1.1. The parties agreed to prepare and subsequently conclude a contract for the sale of a residential building with a land plot (hereinafter referred to as the "main contract") on the terms and in accordance with this Agreement, under which Party-1 will act as the Seller, and Party-2 as the Buyer of the residential building with land.
1.2. In accordance with this agreement and the main agreement to be concluded, Party-1 undertakes to transfer ownership, and Party-2 accepts and pays for the following real estate objects on the terms provided for in the Agreement:
1.2.1. Residential building with a total area of _____ sq.m. With cadastral number 78:_______, located at the address: St. Petersburg, settlement _____, st. _____, d. __, lit. A (hereinafter "House"). The house belongs to Party-1 on the right of ownership, which is confirmed by a certificate of state registration of the right series 78-AA No. ______ issued by the Main Directorate of the Federal Registration Service for St. Petersburg and Leningrad region, about which registration No. 78-78-________ was made in the Unified State Register of Rights to Real Estate and Transactions with It.
1.2.2. Land area ____ (in words) sq.m. with cadastral number 78:______, belonging to the category of land "land of settlements", located at the address: St. Petersburg, settlement _____, st. _____, d. __, lit. A (hereinafter referred to as the “Plot”). The site belongs to Party-1 on the right of ownership, which is confirmed by the certificate of state registration of the right series 78-AA No. ______, issued by the Main Directorate of the Federal Registration Service for St. Petersburg and the Leningrad Region, registration number 78-78-________.
The land is subject to the following restrictions on use:
zone B of the regulation of the development of the village ____, with an area of ____ sq.m. Registered by State Bureau of Investigation No. 78-_______________;
prohibition of the placement of environmentally harmful industries, registered by the State Bureau of Investigation No. 78-_________
1.3. After the parties conclude the main agreement, the ownership of the House and the Plot is transferred to Party-2 in the manner prescribed by the current civil legislation of the Russian Federation.
1.4. The House is being sold free from the residence of third parties who, in accordance with the law, have the right to use the House.
1.5. Prior to the signing of this agreement, the House and the Plot have not been sold to anyone, not donated, not pledged, not encumbered with the rights of third parties, are not in dispute and under arrest (prohibition).
2. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE
2.1. By prior agreement between the parties, the cost of the House, including the cost of the land plot specified in clause 1.2.2. of this Agreement is ______ (in words) rubles (hereinafter referred to as the "Purchase Price").
2.2. Party-2 undertakes to pay Party-1 the Purchase Price in the following order:
2.2.1. _____ (______) rubles Party-2 undertakes to transfer to the bank account of Party-1 within 2 (two) working days from the date of signing this Agreement.
2.2.2. _____ (______) rubles Party-2 undertakes to transfer to the bank account of Party-1 on the day of signing the Main Agreement, up to _______.
2.3. When the parties conclude the main contract, the amount of money transferred by Party-2 in accordance with subparagraph 2.2.1. of this Agreement shall be counted towards the payment of the Purchase Price.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Party-1 undertakes:
3.1.1. Transfer the House with the Plot according to the act of acceptance and transfer by _____ (Appendix No. 1).
3.1.2. Conclude the main contract within the period specified in clause 4.2. actual agreement.
3.2. Party-2 undertakes:
3.2.1. Accept the House with the Plot according to the act of acceptance and transfer by ______ (Appendix No. 1).
3.2.2. Pay Party-1 the Purchase Price in the manner and within the time limits established by subparagraphs 2.2.1. and 2.2.2 of this Agreement.
3.2.3. Conclude the main contract within the period specified in clause 4.2. actual agreement.
4. TERMS OF IMPLEMENTATION OF THE INTENTIONS OF THE PARTIES
4.1. This Agreement is preliminary and contains the main terms of the main agreement, which will be concluded subsequently.
4.2. The parties undertake to conclude the main agreement no later than _______. Until the specified date, Party-1 undertakes not to make transactions with third parties in relation to those specified in subparagraphs 1.2.1. and 1.2.2. of this Agreement of real estate objects.
4.3. If one of the parties evades the conclusion of the main agreement, the other party has the right to apply to ______ court with a request to compel the conclusion of the main agreement.
4.4. The party that unreasonably evades the conclusion of the main contract must compensate the other party for the losses caused by this.
4.5. When the main contract is concluded through the fault of any of the parties later than the deadline specified in clause 4.2 of this Agreement, a penalty in the amount of 0.5% of the Purchase Price for each day of delay is collected from the guilty party.
The fault of the Buyer (Party-2) is understood as refusal or evasion from making and formalizing a transaction for the purchase and sale of real estate objects specified in subparagraphs 1.2.1. and 1.2.2. of this Agreement, as well as the refusal of other conditions and forms of payment under this Agreement agreed by the parties.
The fault of the Seller (Party-1) is understood to be the refusal or evasion of the execution and execution of a transaction for the sale of real estate objects specified in subparagraphs 1.2.1. and 1.2.2. actual agreement.
5. SPECIAL CONDITIONS
5.1. Ensuring the fulfillment by Party-2 of its obligations under this agreement is a deposit provided for in Art. 380, 381 of the Civil Code of the Russian Federation.
5.2. The amount of money specified in subparagraph 2.2.1 is recognized as a deposit. of this agreement and transferred by Party-2 as evidence of the conclusion of this agreement and to ensure its execution.
5.3. If the main contract is not concluded through the fault of Party-2, the deposit will remain with Party-1.
5.4. If the main contract is not concluded through the fault of Party-1, it will have to return to Party-2 the deposit made in double the amount and pay a fine of 2 (two)% of the Purchase Price, within 15 (fifteen) banking days from the date of expiration of the period specified in clause 4.2 of this Agreement.
5.5. Ownership of the House and the Plot will pass to Party-2 from the moment of state registration of the transfer of ownership in the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region.
5.6. The costs of state registration of the transfer of ownership shall be borne by Party-2.
5.7. In the event that the Department of the Federal Registration Service for St. Petersburg and the Leningrad Region refuses to register the sale and purchase agreement (main agreement), Party-1 will take all necessary measures to eliminate the reasons that served as the refusal to register the main agreement. If within 3 (three) months from the date of the refusal the main agreement is not registered, Party-2 has the right to demand termination of the Agreement and return of the deposit, and Party-1 is obliged to terminate the Agreement and return the deposit to Party-2 within 15 (fifteen) banking days from the moment Party-1 makes such a request.
5.8. By agreement of the parties, after the transfer of the House and the Plot in accordance with subparagraphs 3.1.1. and 3.2.1. of this Agreement under the act of acceptance and transfer (Appendix No. 1), the burden of maintaining the House and the Plot lies with Party-2. The risk of accidental death of the House from the date of transfer under the acceptance certificate (Appendix No. 1) is borne by Party-2.
5.9. For the period from the date of transfer of the House under the act of acceptance and transfer (Appendix No. 1) and until the day of state registration of the transfer of ownership of the House and the Plot in accordance with clause 5.5. actual agreement:
5.9.1. Party-2 undertakes not to carry out any work on the redevelopment of the House, as well as work in relation to the objects of the engineering infrastructure of the House outside the boundaries of the House. In case of violation of this requirement, Party-2 will have to pay Party-1 a fine in the amount of 10 (ten)% of the Purchase Price. At the same time, all possible negative consequences, including possible losses of Party-1, are compensated in full at the expense of Party-2.
5.9.2. Works on the interior decoration of the House, other works performed by Party-2 within the boundaries of the House, must be agreed with Party-1 in writing, indicating the scope of work. In the event that the main contract is not concluded due to the fault of Party-2, the cost of inseparable improvements made in the House to Party-2 is not reimbursed.
5.10. The technical characteristics and condition of the House and the Plot are confirmed, respectively, by the technical passport for the House and the cadastral plan of the Plot. Notarized copies of the technical passport for the House and the cadastral plan of the Plot are, respectively, Appendix No. 2 and Appendix No. 3 to this Agreement.
6. FINAL PROVISIONS
6.1. This Agreement comes into force from the moment of its signing by the parties and is valid until the parties fully fulfill their obligations.
6.2. The Agreement may be terminated in cases stipulated by the current legislation of the Russian Federation.
6.3. The Agreement is drawn up in Russian in triplicate, having the same legal force, one of which is held by Party-1, the second - by Party-2, the third - is subject to transfer to the Office of the Federal Registration Service for St. Petersburg and the Leningrad Region along with the Main Agreement .
7. APPENDICES TO THE AGREEMENT
7.1. The integral Annexes to this agreement are:
7.1.1. Annex No. 1 - Act of acceptance and transfer of a residential building with a land plot.
7.1.2. Appendix No. 2 - a notarized copy of the technical passport for a residential building.
7.1.3. Appendix No. 3 - a notarized copy of the cadastral plan of the land plot.
8. DETAILS OF THE PARTIES
Side-1:
Side-2:
SIGNATURES OF THE PARTIES:
Side-1:
Side-2:
Transfer-acceptance actresidential building with a land plot (Appendix No. 1)
to a preliminary contract for the sale of a house with a land plot
from "___" ____________
one side and
Hereinafter referred to as "Party-2", on the other hand, jointly referred to as "parties", in accordance with Article 556 of the Civil Code of the Russian Federation, have drawn up this act as follows:
1. ___________ handed over, a
_________________________________________________________________________
accepted the following real estate objects:
House with a total area of _____ sq.m. with cadastral number 78:_______, located at the address: St. Petersburg, settlement _____, st. _____, d. __, lit. A (hereinafter "House"). The house belongs to Party-1 on the right of ownership, which is confirmed by a certificate of state registration of the right to series 78-AA No. ______, issued by the Main Directorate of the Federal Registration Service for St. he made a record of registration No. 78-78-________.
Land plot area ____ (in words) sq.m. with cadastral number 78:______, belonging to the category of land "land of settlements", located at the address: St. Petersburg, settlement _____, st. _____, d. __, lit. A (hereinafter referred to as the “Plot”). The site belongs to Party-1 on the right of ownership, which is confirmed by the certificate of state registration of the right series 78-AA No. ______, issued by the Main Directorate of the Federal Registration Service for St. Petersburg and the Leningrad Region, registration number 78-78-________.
2. Party-2 does not have any claims against Party-1 regarding the technical characteristics and actual condition of the House and the Plot.
3. This act confirms that the obligations of the Parties for the transfer and acceptance of the House and the Plot under this Agreement have been fulfilled in full.
4. Settlement under this Agreement has been made in part. According to the terms of this Agreement (clause 2.2.1.), Party-2 paid Party-1 _____ (in words) rubles. The rest of the Purchase Price (clause 2.2.2. of the Agreement) in the amount of _____ (________) rubles Party-2 undertakes to transfer to the bank account of Party-1 on the day of signing the Main Agreement, up to _______.
5. This transfer act is made in three copies, one of which is with the Seller, the second is with the Buyer, the third is to be transferred to the Federal Registration Service for St. Petersburg and the Leningrad Region along with the Main Agreement.
Side-1:
Side-2:
SIGNATURES OF THE PARTIES:
Side-1:
Side-2:
Party 1 ________________ Party 2________________
