The document confirming your ownership of real estate is the Certificate of State Registration of Rights. It must indicate the document on the basis of which you received this right. In the event that the property is purchased by you, the basis document is the purchase and sale agreement.
The legal essence of the sales contract
This agreement is a document confirming the transaction between the seller and the buyer. According to article 454 of the Civil Code of the Russian Federation, its essence lies in the fact that the seller undertakes to transfer the goods to the buyer, in this case - real estate, and the buyer, in turn, undertakes to accept this goods and pay for it the price that specified in the contract.
The sales contract is concluded in simple written form, which means that it does not have to be certified by a notary. However, at the request of the parties, by paying the fee and spending some time, it is possible to carry out notarization of the purchase and sale agreement, since the notary is obliged to check the correctness of its preparation and conduct a legal examination, which will minimize the risk of recognition of such an agreement as null and void.
Do I need to register a sales contract
Until March 1, 2013, the sale and purchase transaction and the document certifying it, in accordance with article 4 of the federal law "On state registration of rights to real estate and transactions with it" must have been registered in the Unified State Register of Property Rights (USRR). Two records of state registration were made in it: the purchase and sale agreement and the transfer of ownership. Based on this, a mark of registration was put on the purchase and sale agreement and a Certificate of ownership was issued. The sale and purchase agreement acquired legal force only from the moment of its state registration in the USRR.
Since March 1, 2013, amendments have been made to the legislation and now, in accordance with Article 551 of the Civil Code of the Russian Federation, only the transfer of ownership is mandatory and the owner of real estate is issued only one document confirming this - a Certificate of State Registration of Ownership.
Therefore, it is only necessary to register the purchase and sale agreement if the transaction was completed before the specified date. But this agreement is a necessary document to register your right to a real estate object in the territorial department of the Office of the Federal Service for State Registration, Cadastre and Cartography - Rosreestre. The purchase and sale agreement must be attached to the package of documents required for registration of the right.
