Correct execution of the purchase and sale agreement is a guarantee that subsequently there will be no problems in fulfilling the obligations that the parties have arisen under this agreement. Incorrectly executed contract, i.e. drawn up in violation of the law may be invalidated.
Instructions
Step 1
The purchase and sale agreement is a document that fixes the fact that the parties have obligations.
Step 2
The form of the purchase and sale agreement is determined by its subject matter, subject composition and price.
Step 3
All contracts concluded for the purchase and sale of real estate and businesses must be drawn up in writing.
Step 4
A simple written contract must be drawn up in one document and signed by both parties.
Step 5
The form of the contract for the sale and purchase of movable things is governed by the general rules of Articles 159-161 of the Civil Code of the Russian Federation. A simple written form of purchase and sale agreement is binding only for agreements to which legal entities are parties. A written agreement between citizens is drawn up if the price of the agreement exceeds 10 times the minimum wage.
Step 6
But it is worth noting that the written form of the contract is not required in cases where the obligations are fulfilled at the time of the transaction. For example, retail purchase - sale. But, if you wish, you can draw up a sales contract in this case as well.
Step 7
Article 660 of the Civil Code of the Russian Federation regulates the need and procedure for compulsory state registration of certain types of sales and purchase agreements.
Step 8
According to paragraph 3 of Art. 162 of the Civil Code of the Russian Federation, the written form of contracts of purchase and sale, regardless of the amount, is mandatory for foreign trade transactions.
Step 9
In order to correctly draw up the sales contract, you must observe the structure of the contract when drawing up. The contract must contain an introductory part - a preamble, the subject of the contract, which stipulates all essential conditions, additional conditions, and other conditions that are conditional parts of the contract.
Step 10
Essential conditions are necessary and sufficient for the conclusion of a purchase and sale agreement. The essential conditions do not need to be agreed by the parties and come into force at the time of conclusion automatically.
