Print out the purchase agreement for the apartment. Contract of sale of an apartment. Sample

The package of documents required for the conclusion of the contract of sale of an apartment depends on the legal status of the object of sale, that is, the apartment, and the parties to the contract, that is, the seller and buyer.

Basic documents for registration of the sale and purchase of an apartment:

- Identity documents (passport) and birth certificate (if there are minors under 14 years old).

- A marriage certificate (if the seller is married), consent to the sale of an apartment from a spouse, if the apartment being sold was acquired during the marriage. This certificate must necessarily be issued through a notary. Consent to the sale is necessary so that in the future the spouses do not have conflicts about the fact that the spouse without the knowledge of the other sold the home.
- Documents to confirm ownership of the apartment (such a document may be a certificate of registration of the right, a contract of rent or donation).

- Technical or cadastral passport of the dwelling of the BTI. The term of such a passport should be no more than 5 years. Otherwise, it is necessary to order a new one through the technical documentation bureau.

- Permission of guardianship and trusteeship. If the owner of the apartment (or its shares) is a minor. This permission must be obtained in order to provide information that the rights of the minor are not violated. The permit is issued on the condition that the child will soon be registered in another apartment (bought or to relatives).

Additional package of documents for the transaction:

- Death certificate. It is necessary if the spouse of the owner of the apartment has died.
- The previous contract of sale.
- Certificate of competence of the seller. It is only needed if the seller is an elderly person, a disabled person, or a suspiciously emotional person. Often there are cases when a purchased apartment is returned through court to the owner or relative of the owner due to his incapacity. For example, very often elderly grandmothers, who are already poorly aware of their actions, sell their apartment for a low cost to outsiders. As a result, it turns out that the grandmother was simply in an inadequate state at that time. Therefore, it is always recommended

Apartment sale agreement 2017 download the form for free

Contract of sale of an apartment -   a document confirming the transfer of ownership of the apartment from one side of the transaction (seller) to the other (buyer). According to the contract  the seller undertakes to transfer the apartment to the property to the buyer, and the buyer undertakes to accept the apartment and pay for it a certain sum of money, its price. Notarization of the contract of sale of the apartment is not required and the statutory notarial form of such an agreement is not provided by law,however, if desired, the parties are entitled to provide for its notarization.

Download the form (sample), decomp. contract options  sale of the apartment in the word (in Word, doc):

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From the site Rosreestra:

P when buying an apartment in a mortgage, a mixed sale and mortgage agreement is drawn up between the parties. In addition to the seller and the buyer, in the contract there is, as a rule, a third party - the lender.

Also between the parties may be a preliminary contract of sale of the apartment. In essence, this is a contract for an upcoming contract, where the parties' intentions to conclude a contract are substantiated, after a certain time has expired. The reason for concluding such an agreement, as a rule, is that one of the parties needs to collect additional documents or the necessary amount of funds.The preliminary agreement is not subject to registration.

The order according to which an apartment purchase contract for 2017 is made does not differ from the procedure for drafting it in previous years. The main regulatory legal act defining this procedure is the Civil Code, in which the regulation of contractual relations is devoted to an entire chapter. It is not so difficult to draw up a contract of sale if you study the requirements of the law to the order of its drafting.

  The main provisions of the contract of sale of apartments

This type of transaction is the most common, it provides for the transfer from one party to the other, the ownership of the apartment, and the other party to the contract (acquirer) reimburses its value. Any contract, in the first place, is an agreement of its parties, on the establishment of their rights and obligations. The parties to the sale contract are the seller and the buyer.

Distinctive features of the contract of sale of an apartment are, drawing it up in writing and state registration, which is conducted by the Federal Register of State Property.

When concluding a contract, it is necessary to remember about the new rules for registering sales transactions valid from 01.03.2013. According to the new rules, the sale and purchase transactions of the apartment are not subject to registration and are valid immediately after signing, only the transfer of ownership is registered.

Failure to comply with these requirements of the law leads to the invalidity of the contract and the lack of property rights of the buyer (Articles 550, 551 of the Civil Code of the Russian Federation).

  Can I find a contract for the sale of apartments on the Internet?

In practice, two absolutely identical transactions are almost impossible to meet. Each transaction has its own nuances, which are reflected in the contract. That is why it is impossible to create a model sample of a contract that would be suitable for all occasions. If you decide to draw up a contract yourself, you must take into account that in order for the contract to be valid, it must not only be adapted to your situation, but also meet the requirements of the legislation that apply to this type of transaction. Based on this, you can download on the Internet only a typical form that will require adaptation to the conditions of a particular transaction.

  The structure of the contract of sale of apartments

If we talk about the standard form of this type of contract, then it should contain the following structure.

1. Any contract begins with the entry. It always indicates:
   •   the name of the contract, its number, date, and the place where it is concluded;
   •   information about the parties to the contract (name, passport data, information about birth and place of residence). Information about the parties to the contract should be as complete as possible;
   •   if representatives act on behalf of the parties, full information about them shall be indicated, as well as the document on the basis of which they act;
   •   A list of the parties to the contract and the definition of their roles (seller, buyer) are given.
1. The main part usually contains a description of the terms of the transaction:
   •   the terms on which the transaction is concluded (specifies the technical characteristics of the apartment: area, number of rooms, floor, location address, etc.)
   •   price, as well as the order in which the calculations will be made (the actual cost of the apartment is agreed upon by the parties, the payment procedure: deferment of payment, payment in cash, by bank transfer or via a bank deposit box);
   • the order of transfer of the apartment, the period before which the seller must vacate the premises and transfer it to the buyer under the act of acceptance;
   •   The rights of the parties and the obligations they assume may include: payment of utility debts, removal of family members living in an apartment from registration, identification of deficiencies in an apartment, signing of a transfer and acceptance act;
   •   list of regulations that guide the parties in the execution and conclusion of the contract and with which they must be familiar before entering into the transaction.
   •   the procedure for paying the state duty is specified and it is determined which of the parties bears the obligation to pay it, on the basis of tax legislation (Article 333.33 TC), its size is 1000 rubles;
1. Final part. This section of the contract contains:
   •   the responsibility of the parties, which they bear for violation of its conditions, and the procedure for resolving disputes that they may have;
   •   in this paragraph, you can also specify the order in which the property will be returned in case of termination of the contract;
   •   additional conditions that may arise during the transaction (for example, renewal of the contract with the telephone company, the procedure for transferring furniture that remains in the apartment or built-in, etc.);
   •   handwritten signatures of the parties to the contract (the contract will enter into force only after it is signed by all the parties - parties to the contract).

  Common situations when concluding an apartment sale agreement

•   if a representative of one of the parties takes part in the conclusion of the transaction, this fact must be reflected in the conditions of the contract. Indicate his identification data and details of the power of attorney on the basis of which it is valid;
•   the contract must specify all existing encumbrances on the apartment, most often the presence of such encumbrances (such as arrests, bail, long-term rent, etc.) does not allow for a deal. You can learn about the presence of encumbrances by making a request to justice;
•   legal experts recommend to provide in the terms of the contract a point associated with the risk of accidental damage to property (provided for by Article 211 of the Civil Code of the Russian Federation), according to which the seller bears the risk of accidental death or damage to property before signing the act of receiving and receiving property

  Blank contract for the sale of apartments

The contract of sale of an apartment is too serious a document to allow inaccuracies in it. The cost of mistakes may be too high, so if you are using the sample contract form, check it for compliance with applicable laws and supplement it in accordance with your situation.

  Nuances of concluding a contract

In some cases, in order to reduce the amount of tax payable, the parties do not indicate in the contract the actual price for which the apartment is purchased, limited to the book value. This approach is quite risky. Choosing such a payment mechanism, you need to understand that in case there is a need to terminate the contract, the amount specified in the contract will be subject to return. The same will happen in the case of a legal dispute, to prove that another amount was paid will be impossible. By doing so, the buyer will lose the status of bona fide and will not be able to rely on the protection of the law.

Properly drawn up the contract of sale will avoid future troubles and legal disputes. In addition to the correct drafting of the contract, you should not neglect the verification of the legal "cleanliness" of the apartment before its purchase. Check the authenticity of title documents, information about previous owners and the number of transactions made with this apartment. If you can not cope with the verification yourself, contact the experts in the field of law and real estate. And only after that enter into an apartment sale contract.

The blank of the document “Apartment Sale and Purchase Agreement (Sample)” refers to the category “Sale and Purchase Agreement, Contracting Agreement”. Save the link to the document in social networks or download it to your computer.

Contract of sale of an apartment

propulsion _________________ "___" ______________ 20__ Propulsion

hereinafter referred to as the "Seller", and ____________________________________

________________________________________________________________________,

passport series __________ N ___________, issued by "___" __________ 20__,

residing at: _________________________________________________,

hereinafter referred to as the "Buyer", have entered into this agreement on

as follows:

1. The seller has sold and the Buyer has acquired the apartment N

In the house N _____ on __________________ Street in the city

__________________________.

2. At the time of the conclusion of this contract the specified apartment

owned by the Seller on the right of ownership, as evidenced by:

certificate of title to the apartment issued

Certificate number ________. Date of issue -

"___" _______________ 20__ (Option 1)

the contract of sale (exchange, donation) of an apartment concluded by "___"

20__ g., Certified by a notary

(Full name of notary, notarial district, date of notarization

contract number registry).

The contract is registered in __________________________________________

_________________________________________________________________________

(name of the state registration authority, date

registration, other information) (Option 2)

help BTI ____________________________________________ (name

BTI), issued by "___" _____________ 20__, for N ____ (reference form N

3. The apartment consists of _____________ living rooms, has according to

help _____________________ BTI total area of ​​____ square. m, total area

excluding loggias and balconies ____ square. m, living space ______ square. m

According to the certificate ______________ BTI apartment price is

______________________________________ (amount in numbers and in words) rubles.

Before signing this contract, the apartment is inspected by the Buyer.

Disadvantages or defects that prevent the use of the apartment by

destination, at the time of inspection by the Buyer not found.

4. The parties to this contract have agreed to evaluate the apartment in

________________ (amount in numbers and in words) rubles.

The buyer pays the Seller the price of the apartment _____

___________________________________ (in cash, by

cashless payments, simultaneously or periodically with

making an advance payment, etc.) no later than ______________ from the date

notarization of this contract, but before

state registration in ____________ (the body carrying out

state registration).

5. Before the conclusion of this contract, the apartment, which is his

not alienated, not laid, not promised, the dispute is not

consists in trust management, in rent, as a contribution to

the authorized capital of legal entities is not transferred, other rights of third parties

not burdened.

Note. In accordance with Article 588 of the Civil Code of the Russian Federation, the essential condition

a contract for the sale of an apartment (part of an apartment) in which persons live,

in accordance with the law, the right to use this residential property

after purchase by the buyer, it is a list of such

persons with an indication of their rights to use the apartment being sold (part of

apartments). Therefore, in such cases it is necessary to include in the contract

relevant rules.

Under arrest or prohibition of the specified apartment according to the certificate of BTI

From "___" _____________ 20__ d. N _____ does not appear.

At the time of the conclusion of this contract in the apartment no one

registered, which is confirmed by a copy of the financial personal account N

Issued by _______________________ (name of authority)

"___" ____________ 20__

6. Ownership from the Buyer to the currently acquired

contract apartment arises from the moment of state registration

transfer of ownership of this apartment in

__________________________ (name of authority performing

state registration of rights).

7. Since the acquisition of ownership of the apartment,

being the subject of this contract, the Buyer shall exercise the rights

possession, use and disposal of this apartment in accordance with its

assignment, bears the burden of costs associated with maintaining

apartments and paying taxes.

8. Transfer by the Seller of the apartment specified in paragraph 1 of this

agreement, and its acceptance by the Buyer shall be carried out on the basis

act of transfer signed by the parties to the contract. After signing

of the deed of transfer, the obligations of the parties hereunder shall be considered

fully implemented.

9. The seller is obliged to free the apartment from being in it.

items and other property belonging to him no later than

________________________________________________________________________.

10. Costs for registration of this contract shall be ____

________________________ (Buyer, Seller).

11. Disputes of the parties arising from this contract or related

to him, including disputes arising from the interpretation of the contract, resolved

in a court _________________________________________________________________.

12. Modification and termination of this contract may be made

parties on the grounds and in the manner established in Article.452 of the Civil Code.

13. This contract is subject to (not subject to) notarial

certificate (optional).

14. The contract and transfer of ownership are subject to state

registration in _____________________________________________ (name

authorized body).

15. This contract comes into force from the moment of its state

registration.

16. This contract is made in _____ copies, one of which

stored in ________________________________________, one - _____________

___________________ (name of authority) is one - at the Buyer, one - at

The seller.

Signatures of the parties:

Seller ____________________________________ (Signature)

Buyer __________________________________ (Signature)

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