The purchase agreement between the buyer and the seller of real estate can be drawn up in a notarized, in simple written form (article 550 of the Civil Code of the Russian Federation) or contact a practicing lawyer so that all clauses of the agreement comply with the current legislation at the time of signing (article 421 of the Civil Code of the Russian Federation).
Necessary
- - the passport;
- - two sheets of paper;
- - documents for the property being sold.
Instructions
Step 1
If you are drawing up a notarized purchase and sale agreement or applying for help from a law firm, you do not need to worry about the legal aspect of writing the agreement. Experts will take into account all the nuances and draw up a document in strict accordance with the current legislation of the Russian Federation. In addition, if you lose a document, you can always apply for a duplicate. The cost of services is 1% of the price of the property being sold.
Step 2
To write a document in simple writing, familiarize yourself with the current legislation of the Russian Federation at the time of the contract.
Step 3
You can write a contract on a regular sheet of paper in duplicate. When signing the document, the presence of two witnesses from the side of the seller and from the side of the buyer is required.
Step 4
At the beginning of the contract, indicate who, with whom, when and about what the contract was signed. In the center of the sheet, write "Sales and Purchase Agreement".
Step 5
Next, point by point, describe all the conditions of sale and purchase (article No. 432, No. 554 of the Civil Code of the Russian Federation), all technical parameters of the property, price (article No. 317 of the Civil Code of the Russian Federation), the area of the apartment (article No. 55 of the Civil Code of the Russian Federation).
Step 6
At the end of the contract, put the date, signatures. Under your signatures, indicate your passport data, the names of the witnesses present, their signatures.
Step 7
Remember that a sales contract is a promise, but a promise does not mean fulfillment (Article 454 of the Civil Code of the Russian Federation). Therefore, the document is null and void without state registration of ownership in the FUGRTS (Federal Law No. 122-F3, article No. 131 of the Civil Code of the Russian Federation, article No. 164 of the Civil Code of the Russian Federation, article No. 433 of the Civil Code of the Russian Federation).
Step 8
For state registration of property rights, contact the FUGRTS with an application and a package of documents, pay the registration fee. After 1 month, your right to the property will be registered and a certificate of ownership will be issued.
Step 9
Also, do not forget that by drawing up a contract in a simple written form, you run the risk that the transaction may be invalidated in accordance with Articles No. 2965, No. 3075. This can happen if it turns out that the seller at the time of the sale of the apartment was recognized by the court incapacitated or suffering from alcoholism, drug addiction and was inadequate, about which you did not know and could not know. When a notarial contract is concluded, this will not happen, since the notary is obliged to make sure of the full sanity and legal capacity of the parties entering into the transaction (the law on the Notary of the Russian Federation).
