A preliminary sales contract must be drawn up with the obligatory inclusion of a condition on the subject of this agreement. In addition, you should follow the form provided for the main contract, which is planned to be concluded in the future.
Civil legislation allows participants in the relevant legal relationship to conclude preliminary agreements, which secure the obligations of the parties to sign the main agreement in the future on agreed terms. The sales contract is no exception, the preliminary version of which must necessarily contain a condition on the product. In this case, the subject of the contract must be specified, if necessary, additional documents identifying the goods should be attached to the agreement. For example, when selling real estate, you should indicate the address of the object, attach a cadastral plan, refer to the certificate confirming the ownership of this object.
In what form is the preliminary sales contract drawn up?
The Civil Code requires a preliminary contract to be drawn up in a form that is similar to that provided for the main agreement. This means that in the vast majority of situations, the preliminary sales contract is drawn up in a simple written form. The same rule applies to cases of real estate sale, since currently not the sale and purchase agreement itself is subject to state registration, but only the transfer of ownership, which is carried out after the signing of the main agreement. The oral form of the contract is allowed only when such a purchase and sale transaction is concluded 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 agreeing on the terms of the subject of the contract in the preliminary agreement, it is recommended to indicate the date of signing the main contract. Upon the arrival of the specified period, any party has the right to initiate the signing of the main agreement. You should also preliminarily agree on a condition on the value of the goods, which will save you 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 goods, assortment, methods of payment and other provisions determined by the parties themselves. The agreed terms become binding upon the subsequent conclusion of the main contract. If the seller or the buyer refuse to conclude the main contract in the presence of a preliminary one, then the interested party can go to court and force to sign the agreement on the basis of the decision.
