Sale and purchase agreement: advice of a lawyer

Sale and purchase agreement: advice of a lawyer



Article 454 of the Civil Code definescontract of sale as a document that assures the transaction between two parties - the seller of the goods and its buyer. The essence of the transaction is that the seller assumes the obligation to transfer the goods to the buyer - the object of the transaction, and the buyer agrees to accept it and pay its cost specified in the contract.





Sale and purchase agreement: advice of a lawyer

















How is the purchase agreement made?

A contract of sale can be drawn up insimple writing. The buyer or seller can write his text independently. This is usually done by the buyer. But at the same time, to ensure that the transaction is not considered null and void, the text of the contract must contain certain mandatory definitions and the essential conditions that for this type of contracts are the value and the object. When creating a contract of sale, try to detail the details of the parties to the contract: full names, names and patronymics of the seller and the buyer, gender, date of birth, permanent residence registration addresses, marital status, name and details of the documents proving their identity. It is necessary as accurately as possible and describe in detail the subject of the contract, to avoid the ambiguity of its definition. If this is a real estate object, for example, an apartment, indicate its full address, cadastral number, type of structure, floor, number of rooms, the total area in accordance with the technical documentation for this apartment. The flat of the apartment indicated in the technical, cadastral passport, the certificate of ownership of it and in the contract of sale, must coincide. Be sure to give a list of all the title documents confirming the seller's ownership of this property. The second essential condition - the cost of an apartment is better to specify the real, rather than understated, as it sometimes does, to avoid paying taxes or to reduce tax payments. This is fraught with the fact that in case of a litigation the seller will return the buyer not the amount that he received from him, but only the part that is prescribed in the contract.

Is it necessary to certify and register the contract of sale

Notarize the contract of sale of the notaryIt is required, but you can pay for his services, so that he can check how well the contract is drawn up. Such a consulting service will cost you quite cheaply, but it will save a considerable amount in case of a trial. Since March 1, 2013, the mandatory registration of sales contracts in the territorial offices of Rosreestr has been canceled. But in the package of documents that is submitted to these authorities for obtaining a Certificate of Ownership, the contract is necessarily enclosed. In the text of the certificate, it is indicated as a document-basis.