Tip 1: How to draw up a contract of preliminary purchase and sale
Tip 1: How to draw up a contract of preliminary purchase and sale
The contract of preliminary purchase and sale -formalized "document of intent" between the seller and the buyer. According to him, the parties will conclude in the future an agreement on the sale and purchase on the conditions that are stipulated in advance.
Instructions
1
There is an important rule: more specifically describe all that will be the subject of a preliminary deal. The main contract will be concluded on the same terms. This increases the chances of purchasing a product that meets your expectations and beliefs.
2
Feel free to make changes to the preliminarya contract if you are not satisfied with its conditions or there are no written guarantees of your rights when concluding a basic agreement. Preliminary, and then the main document should contain a section on the subject - parameters, properties, the amount of goods for which a purchase transaction is planned.
3
The prescribed price is mandatory. This amount will be the one for which you will sell the goods (thing). It is important to stipulate that it is not subject to change and is final. Another thing is that the seller can not demand from the buyer a different amount other than that specified in the contract. This rule will save you from fraud of unscrupulous sellers. For example, when additional money is required to perform any actions, despite the fact that the seller is obliged to comply with them by law.
4
Indicate the period during which the parties are obligedconclude a basic contract. In accordance with the law, if the period has not been previously determined, the parties are obliged to conclude a basic agreement within one year from the date of the conclusion of the previous one.
5
Write down the date of transfer of the goods (things, property)and responsibility of the parties. This ensures the timely delivery of goods by the seller, as well as its integrity and quality. Be sure to include the requisites of the parties and sign the seller and buyer.
Tip 2: Preliminary contract of sale: the features of the compilation
A preliminary contract of sale mustCompulsory inclusion of the condition on the subject of this agreement. In addition, you must follow the form provided for the main contract, which is planned to be concluded in the future.
Civil legislation allows participantsof the relevant legal relations to conclude preliminary agreements, which fix the obligations of the parties to sign a future contract in the future on agreed terms. The contract of sale is not an exception, the preliminary version of which must necessarily contain the condition of the goods. In this case, the subject of the contract should be specified, if necessary, additional documents should be attached to the agreement identifying the goods. For example, when real estate is sold, you must specify the address of the object, attach a cadastral plan, refer to the certificate confirming the ownership of the object.
In what form is a preliminary sales contract made?
The Civil Code requires thatpreliminary agreement in a form that is similar to that provided for the basic agreement. This means that in the vast majority of situations, a preliminary contract of sale is drawn up in simple written form. The same rule applies to cases of real estate sale, since the state registration is currently not subject to the contract of sale itself, but only the transfer of ownership, which is carried out after the signing of the main contract. The oral form of the contract is allowed only when entering into such a sale-purchase transaction between citizens, the price of the goods in which does not exceed ten thousand rubles.What additional conditions should be specified in the preliminary contract?
In addition to agreement in the preliminary agreementit is recommended to specify the terms of the subject of the contract for the period of signing the main contract. When the specified period is reached, either party has the right to initiate the signing of the main contract. Also, it is necessary to agree preliminary the condition on the value of the goods, which will save from pre-contractual disputes when drawing up and signing the main contract of sale. Sometimes the preliminary agreement also includes conditions on the quality of the goods, assortment, methods of payment and other provisions determined by the parties themselves. The agreed terms become binding when the main contract is subsequently concluded. If the seller or buyer refuses to conclude the main contract in the presence of the preliminary, the interested party can apply to the court and force to sign the agreement on the basis of the decision.Tip 3: How to leave a deposit
Any deposit is drawn up in advancea contract of sale, which can be issued in a simple form, writing by hand in duplicate, or entrusting the design to the notary. When signing a preliminary contract, witnesses should be present in simple written form and put their passport data and signatures at the bottom of the documents.
You will need
- - passport;
- - paper;
- - a pen.
Instructions
1
To contribute deposit for purchased real estate, movable property, forrent an apartment, see the available documents from the seller. If you use the services of intermediaries, then conclude a service agreement, which includes the item on the full verification of the purity of the transaction. This means that all documents for the property, the seller's personal documents will be checked in accordance with the requirements of the law and you will not have to double-check anything. In the event of a misunderstanding, all the responsibility and payment of the litigation will be borne by the intermediaries.
2
If you enter into a preliminary contract insimple writing, in the header of the document, specify your requisites and all information about the seller. Write about what this agreement is. Indicate the amount of the deposit and the liability of the parties for failure to perform or for late fulfillment of legal obligations. Give the number, date and signatures of the parties to the transaction, as well as witnesses present.
3
Fill in the preliminary agreement on making a deposit with a pen by hand, without using printers. Leave one copy for yourself, the second - give the seller property.
4
If you are not sure what you can concludedocument in accordance with all the rules, then entrust it to a professional notary. The service cost is 1% of the contract amount. A notary must ensure that the seller of the property is in an adequate condition that all documents are genuine and all persons participating in the transaction are not recognized by the court as legally incompetent due to mental illness (law on notaries).
5
Do not forget that if you deposit and concluded any type of contract, but did not fulfilltheir obligations to further formalize the transaction, then back your money you will not get even in court. Therefore, before making money, think carefully about whether it is better to make a purchase immediately without making a deposit.
Tip 4: How to make an apartment in Ukraine
According to the law onproperty ", non-residents have the right to issue an apartment in this country for themselves without any restrictions. All that is required for this is reaching the age of majority and having a civil passport.
You will need
- - passport of a Russian citizen, a certificate of residence permit in Ukraine or a passport with a valid visa;
- - an identification number;
- - the consent of the spouse for the purchase of an apartment, certified by a notary.
Instructions
1
Prepare all necessary for registration of the transactiondocumentation. First of all, this is the passport of a citizen of Russia or a passport with a visa, which currently operates. A certificate of a residence permit in Ukraine is also suitable. Secondly, we will need an identification number. It is possible to get it in the tax inspection, simply by presenting a passport. And, thirdly, do not forget about the consent of the spouse for the purchase of an apartment, certified by a notary.
2
Immediately after the choice is madeapartments, conclude a preliminary contract for the sale and purchase, which must be indicated the amount of purchase and the date of its registration. In addition, it will also be necessary to pay a deposit that should not exceed 5% of the full value of the transaction. The rest of the money must be transferred to the seller only after the final contract has been signed. However, both the basic and preliminary contracts must be notarized.
3
Together with the notary, carefully check allreceived documents for the purchased apartment. The most important point is the reliability of all papers. After all, the purchase must be fully protected against the possibility of any infringement by third parties. If the seller's documents from the notary will cause even the slightest doubt, it's better not to risk and cancel the deal. Acquire such an apartment is not worth it.
4
If all the documents are in order and the main contractalready signed, pay the remaining 95% of the agreed amount. After that, register your purchase with the state authorities (in the technical inventory office).
5
After all the necessary actions have been completedit will only be necessary to pay the tax that is set by the state, the amount of which depends on the area of the apartment purchased: if it is more than 100 m2, the tax will be 1% of the total amount of the transaction and 1% will be paid to the pension fund, only if this transaction is from the seller the first for the year. If the area exceeds the established limit, you must pay a 5% tax.
Tip 5: How to make a property in Ukraine
According to the law "On Property", issued on Ukraine, non-residents are allowed to register without any restrictions the property in this country. However, for this it will be necessary to reach the age of majority and have a civil passport.
Instructions
1
Prepare some documents that you need when you make a deal. First, the passport of a Russian citizen or a passport with a valid visa, the certificate of residence permit in Ukraine. Secondly, you will need an identificationa number that can be obtained by presenting a passport to the tax inspectorate. And finally, do not forget about the consent of the spouse for the purchase of real estate, certified by a notary.
2
Once you choose the property, conclude a preliminary contract of sale. In this document, the date of registration of the purchase and its amount must be put. Also you will have to pay a deposit. It can not be more than 5% of the total transaction amount. Please note that the rest of the money is transferred to the seller only after signing the final contract. However, both contracts (both preliminary and basic) must be certified by a notary.
3
It is recommended to carefully check with the notary all received for the purchased the property documentation. The most important is the reliability of all the papers. Your purchase must be completely freed from any encroachments on it by third parties. But if at the notary documents of the seller cause doubts, do not take risks and do not acquire such the property, better cancel the deal.
4
If everything turned out well, and you signedmain contract, pay the remaining funds (that is, 95% of the agreed amount). Then register your purchase in government agencies, namely in the Bureau of Technical Inventory (abbreviated BTI).
5
After completing all the necessary actions youwill only have to pay the tax established by the state. Its size will depend on the area of the acquired property: if it exceeds 100 square meters, then the tax will be equal to 1% of the transaction amount, and 1% will be paid to the pension fund (but only if the seller has this transaction - the first for the year) . If the area exceeds the established limit, then you will have to pay a 5% tax.
