How to make a preliminary contract for the purchase and sale of an apartment. A sample of a preliminary contract for the sale and purchase of an apartment: download the form, draw up for yourself, issue

Residential property acquisition or disposition transactions entail great risks. Before buying an apartment, you need to check the documents, decide on the discharge of all registered persons or get approval for a mortgage, which takes quite a long time. Therefore, the seller and the buyer need guarantees that the counterparty will not refuse to sign the contract in the future. Such a guarantee is a document confirming the preliminary agreement of the terms of purchase and sale.

general characteristics

According to Art. 429 of the Civil Code of the Russian Federation, a preliminary agreement for the purchase of an apartment establishes the obligation of a potential buyer and seller to conclude a transaction on the alienation of property after some time.

The written intention to buy or sell housing should reflect all agreements reached by the counterparties:

characteristics of the sold object;
real estate price;
payment method;
the procedure for the acceptance and transfer of living space;
encumbrances of real estate, if any.

Important. Such an agreement does not give rise to the emergence or termination of rights to the premises. He only guarantees that the living space will be sold on the terms agreed by the contractors.

What is important to know when imprisoning

The pre-contract for the transfer of real estate serves as a template for the main agreement. By signing it, the party to the transaction will not be able to simply abandon the conditions specified in it in the future.

The parties to the preliminary contract are the persons who accept or transfer the object. In the document they are referred to as "Seller" and "Buyer", or "Future seller" and "Future buyer".

On behalf of the seller, only individuals or legal entities can conclude an agreement on the preliminary sale of residential space, with a power of attorney for the right to alienate the property. The real purchaser of the home must be indicated as the buyer, in whose name it will be subsequently registered. Therefore, the contract cannot be signed by a relative or friend instead of the absent owner or recipient of the property, unless there is a notarized permission from the owner.

By prior arrangement, the buyer can transfer funds to the seller to pay for the cost of the apartment. They will be designed as:

deposit;
advance payment on the transaction.

Read also: Issuance of land plots to large families

The deposit assumes the payment of an amount determined by the parties as an advance payment for the transaction. If the buyer subsequently refuses to conclude a contract for the purchase and sale of housing through no fault of the seller, the amount of the deposit will not be returned to him. If the agreement on the purchase of the object is terminated by the owner of the property, the potential acquirer is paid double the amount of money contributed by him.

If one of the parties refuses to execute the contract, the amount of the advance is returned to the purchaser, regardless of the reasons for which the main agreement has not been signed.

Note. When transferring the amount of the deposit or advance, the buyer must draw up documents confirming the actual receipt of money by the seller (receipt, bank statement).

The amount of the prepayment is set at the request of the parties. However, the buyer should not pay large sums towards the future agreement. During the preparation for the main transaction, various adverse events may occur (refusal of the bank to issue a mortgage, death of one of the parties or an accident), as a result of which it will become impossible to buy an apartment. And the counterparties will refuse to return the money.

Council. It is advisable to limit the amount of the deposit or advance payment to 5-10% of the value of the property determined by the obligations.

Deal form

The preliminary contract is concluded in the form in which the agreement on the sale of the apartment will be drawn up. If the parties do not insist on the notarization of the contract, then in order to give legal force their agreement is better to be fixed in writing.

reference Information... There is no need to register the agreement in advance with the Rosreestr authorities.

A preliminary agreement for the sale and purchase of an apartment should not be expressed only orally, since such a transaction is null and void.

The legislation of the Russian Federation does not establish strict requirements for the structure of the preliminary agreement on the sale and purchase of residential premises. Based on the general provisions of civil law, the following mandatory elements of the document can be distinguished:

Preamble indicating full name parties and details of passports. Information about the owner must match the information specified in the documents for the apartment. If there are two or more participants from one of the parties, full information is indicated about each of them.
The main part - important information about the subject of the contract is prescribed, namely: the address of the premises; what floor is it on; area and number of rooms of the object; cadastral registration number; the grounds for the emergence of rights to property from the seller; the condition of the living quarters; existing encumbrances (for example, registration at the place of residence, pledge, etc.); transaction price; settlement procedure.
The final part, in which it is necessary to register:

maximum terms of registration of the actual purchase and sale;
obligations of the parties to prepare the main contract (in particular, which of the participants will bear the costs of the transaction, collect the necessary certificates, etc.);
details of the parties and affix signatures.

Read also: Redistribution of land plot boundaries and formation of a new plot

Attention. If a mistake is made in the description of the apartment when drawing up the document, it will not have legal force.

Validity

The Civil Code of the Russian Federation does not establish the maximum and minimum periods of validity of the preliminary sales contract, therefore this issue is resolved by the participants on their own.

There are several options for determining the timing of the "future" contract for the alienation of real estate:

by specifying the period of time during which you need to register the main document;
affixing the exact date of the submission of the signed contract to the bodies of Rosreestr.

An example of the wording. "The agreement of intent comes into force at the time of its signing by all participants and is valid for 3 (three) months."

If the text of the contract does not indicate how long the parties involved in it must register the transfer of rights to property, the deadline for concluding a transaction should be 12 months from the date of signing the document.

Purchase of an apartment on a mortgage

Today, a fairly common way of acquiring residential premises is to purchase it on a mortgage loan from Sberbank. In this case, the amount of money is provided to the buyer on the security of the acquired real estate.

Before buying a living space in this way, you need to get:

the consent of the bank to provide the buyer with a housing loan;
approval for the purchase of a specific object already chosen by the buyer.

During the processing of these documents, the seller may find another person who wants to buy housing or change the terms of the contract (for example, increase the price, revise the agreement on the costs of registering the transfer of ownership). Therefore, when obtaining a mortgage in Sberbank, it is advisable to draw up a preliminary agreement for the sale and purchase of an apartment.

In the text of the conditions, in addition to the provisions discussed above, it is necessary to reflect:

the fact of the acquisition of property on bail;
name and details of Sberbank;
the date of the transfer of money by the bank to the seller.

The period for which an agreement is concluded to reach a preliminary agreement on the purchase of a home on a mortgage will directly depend on the period of consideration by the bank of the buyer's application. In fact, from the moment the client sends an application for a mortgage to its approval, it takes about 2 months.

The home purchase transaction may be delayed. Regardless of the reason, the only correct and legally correct solution in such a situation is the conclusion of a preliminary contract, which deals with the sale and purchase of a house. The presence of such an agreement in the future guarantees the signing of the main agreement on the conditions previously established by the parties and within the period specified by them.

The essence of the contract

A preliminary contract is a document confirming the intention of one person to purchase real estate, and the second - to sell it. It can be concluded regardless of whether the building has already been built or is still under construction. True, most lawyers still do not recommend concluding an agreement in the latter case. The reason is that the document can be recognized as illegal, since, in fact, the real estate object and rights to it are absent at the time of signing the paper.

For each of the parties, this document has its own appeal:

for the buyer, this is a guarantee that the house will not be sold to someone else who will offer the best price, and the price itself will not increase significantly by the time the main contract is concluded;
for the seller, this is a confirmation that he has found a buyer, and the property will be sold within the period specified in the contract.

Thus, the purpose of concluding an agreement is to prevent undesirable situations in the event that one of the parties who entered into a preliminary agreement later wishes to refuse the transaction. Then, on the basis of the document, the injured party can force the second, including in court, to comply with the terms of the agreement or pay a fine or forfeit for a violation.

Interestingly, when applying for a mortgage or issuing a loan for the purchase of a house, Sberbank requires its clients to have a preliminary agreement. Thus, the borrower confirms that he is indeed taking out a loan to buy a house.

What is specified in the contract?

In order for the document after the conclusion to have legal force, the following points must be indicated in it:

Passport data of the parties... When drawing up a contract, it is important to compare the specified data with the passport. If the passport details do not match, and the person refuses to conclude the deal, you may lose the deposit. The surname, name and patronymic of the parties, registration address, series and number of the passport, date of issue are indicated.
Deadline for fulfilling obligations... It is advisable to indicate a specific date in order to avoid ambiguous interpretations. If the date of signing the main contract is not specified, then the obligations must be fulfilled within a year. This period is stipulated by the Civil Code of the Russian Federation.
Specifying the subject of the transaction, that is, a house with certain technical and legal characteristics. The address of the building is indicated, the characteristics according to the project documentation, the name and basic data of the document confirming the seller's right to dispose of the subject of the transaction are indicated.
Property value... The purchase price must be indicated. The price stipulated in the agreement cannot be changed in any way and is considered final. It is also important to indicate exactly how the payment will be made - in cash or by bank transfer. The currency is also indicated.

It should be noted that the contract is not registered in the State Real Estate Cadastre and does not require the presence of a notary at the conclusion. Although, if desired, the parties can secure themselves by notarizing the paper.

Document structure and drafting

The preliminary contract is drawn up in the same way as a standard sales contract in writing. You can compose it yourself or use a standard form.

In the document, the data is indicated in the following sequence:

Name of the document, city and date of compilation.
Details of the parties, as indicated above. These include passport data. If the contract is concluded with a legal entity, the details of the organization are indicated.
List of clauses and subclauses of the agreement. The main points are:
Indication of the subject of the contract;
- deadlines for the implementation of the agreement;
- terms of the main transaction;
- responsibility of the parties;
- force majeure and ways of solving problems that prevent the fulfillment of the contract. For example, how long does it take to notify the other party about force majeure;
- additional terms of the agreement.
The paper usually ends with the signatures of the parties with a transcript.

The document is drawn up in two copies. One copy remains with the seller, the second - with the buyer.

If the house is sold with a land plot

The house is often sold together with the land plot. In this case, this provision must necessarily be reflected in the preliminary agreement.

Such a document should clearly state that the house is being sold together with a land plot, which has a number of characteristics - address, area. Also, the contract indicates the name and characteristics of the document confirming the seller's ownership.

These provisions must be written separately in the contract. That is, in one paragraph there is a characteristic of one subject of the transaction - a house, in the next another - the land.

In addition, the paper indicates:

the total value of the transaction;
the cost of the house is indicated separately;
the cost of the land plot excluding the cost of the house.

When concluding a contract, it is also advisable to attach to it plans of documents for both the land plot and the property itself.

Deposit in a preliminary contract

Quite often, when concluding a preliminary contract, the buyer gives the seller a deposit, the amount of which is deducted from the total cost when calculating. The data on the deposit and its amount must be indicated in the document.

If the transaction is canceled through the fault of the buyer, the deposit is not returned and remains with the seller as compensation. If the seller cancels the deal, he returns the deposit to the buyer in double amount.

On the basis of the contract, it is impossible to make a deposit in the full amount of the value of the property. Otherwise, you can lose both the deposit and the purchase itself. In addition, in case of violation of the concluded agreement, either of the parties has the right to apply to the court with a claim for the payment of monetary compensation by the violating party.

What should you pay attention to?

When drawing up and signing the paper, the parties should pay attention to the following points:

The information entered must correspond to those that will be reflected in the main contract. Otherwise, your contract will be invalidated. Check all data carefully.
The parties have the right to negotiate and include in the contract data on the amount of the forfeit or fine in case of violation of the terms. It is advisable to indicate the amount of the late payment interest. For example, 1% of the transaction value for each day of delay.
A clause on the extension of the contract for a new period is possible. It is advisable to agree on the terms of the extension and their number. Otherwise, the parties can extend the contract indefinitely, slowly concluding the final deal.
It is important to check the purity of the transaction before entering into a transaction. Check the papers on the house with the owner. They must have all the necessary signatures and seals. It will be useful to check the cleanliness of the house with the help of Rosreestr.
Indicate in the contract that from the moment of signing the contract, the seller reserves the building for the buyer and stops advertising the object, selling it to third parties.
It is advisable to prescribe a dispute resolution clause in advance. Will there be negotiations first, or can the parties immediately take legal action in case of violations.
If you conclude an agreement with a trusted person, it will be useful to check the power of attorney - whether its validity period has expired.

Termination of an agreement

One of the features of the preliminary contract is that neither party can terminate it on its own initiative. Otherwise, the second party has all the rights to sue and force the other party to comply with the previously agreed conditions. But still, there are a number of cases that allow termination of the contract:

If, after the expiration of the term of the preliminary contract, the transaction has not been concluded and neither of the parties is going to force the other to fulfill its obligations, the contract is canceled automatically.
If both parties have come to a mutual agreement to terminate the contract.
The terms of termination of the transaction can be stipulated in the contract itself. This is rarely practiced, but it does happen.
The presence of force majeure is also a good reason for canceling the transaction. For example, if the house being sold burned down in a fire, then there is no way to sell it, and the contract is automatically terminated .

A qualified notary will tell you in more detail about the meaning and purpose of the preliminary contract, the features of its preparation and execution in the following video:

Question or statement? Why are these extra hassles and costs for the services of a lawyer?
Here you will receive a detailed explanation of this issue.
Favorable preliminary agreement for the sale of an apartment is more convenient and easy to draw up using a special program An example of drawing up a preliminary contract.

Even rare transaction circumstances are taken into account in the Constructor. It is important to choose the right one from the proposed list. Just enter the data from the documents carefully.

If you have experience in drafting contracts, you can use the templates offered on the site. So you don't have to spend money on the services of a lawyer.

Do I need a preliminary contract for the purchase and sale of an apartment

And why do you need a preliminary contract for the purchase and sale of an apartment. Why write on paper, after all, you can agree on everything in words and transfer the deposit by receipt.

The thing is that the Civil Code of the Russian Federation requires real estate transactions to be drawn up in writing, otherwise they are invalid, null and void!

But the preliminary agreement is not an alienation agreement? Why is it needed in writing?

Yes, indeed, you are absolutely right. This is an agreement of intent to transfer the real estate from the Seller to the Buyer in the future.

But! The Civil Code of the Russian Federation requires compliance with the form of the Preliminary Contract, which is provided for the main Contract for the sale of real estate, that is, in writing.

In addition, before the conclusion of the main purchase and sale agreement, the Buyer often transfers money to the Seller.Of course, in most cases, money is transferred by receipt, but the receipt does not describe a future transaction and cannot be recognized by the court as a preliminary sale and purchase agreement or a deposit agreement!

Personally, as a specialist in support of real estate transactions, I am in love with a preliminary agreement. And I treat it with great care.

After all, this is a draft deal. And a PROJECT, thought out in detail, ensures a good result.

The templates that are presented on the site are universal and require adjustment "for yourself", and with the help of the Contract Builder it is much easier to draw up a contract, you can easily draw up a professional contract for yourself, according to the individual conditions of your purchase and sale.

Why do you need a preliminary agreement for the purchase and sale of an apartment

On paper, all the terms of the transaction will be spelled out in the preliminary sales and purchase agreement. Need to register! Everything!
That is why it is compiled. You cannot treat the preparation of a preliminary contract formally and use someone else's sample.
Each deal is as unique as the participants in it.

What conditions need to be taken into account in the preliminary sales contract:

Based on the preliminary agreement

A preliminary contract is needed! Video consultation on compilation

Do I need to register a preliminary purchase and sale agreement

The law does not require mandatory registration of the preliminary agreement with the Federal Register. But there are circumstances under which it is possible and even necessary to register an encumbrance in favor of the Buyer in Rosreestr.

For example:

Large advance or deposit
Long terms of entering a deal - from 2 months

But it is not always possible to register an encumbrance in favor of the Buyer on the basis of a preliminary agreement.

For example:

The property is pledged by the bank. For withdrawal from the pledge, the Seller asks to transfer a large amount of money on the basis of the Preliminary Agreement. But the quick repayment of the mortgage (pledge) record in favor of the bank is impossible, since the mortgage is kept in the bank's depository located in another city.
Sometimes the red tape with the delivery of the mortgage is delayed for several weeks.
But a double burden is not possible. That is, until the encumbrance in favor of the bank is extinguished, the encumbrance will not be registered in the Buyer's favor.

Do I need to certify a preliminary contract with a notary

The law does not prohibit the certification of the preliminary contract with a notary. But this leads to a significant increase in the cost of the transaction, because the size of the state fee for certification depends on the price of the contract.

A preliminary agreement is needed in order to agree on everything “on the shore”.

In addition, "what is written with a pen, you cannot cut it out with an ax")))

Convenient and easy to draw up a preliminary sales contract using Legal constructor of contracts

Errors when drawing up a preliminary contract

Like any other contract, the preliminary one must be signed by the owner (proprietor) of real estate or a person authorized by him, acting under a notarial power of attorney.

If there are several owners - they all participate in the transaction personally, even minor children under 14 years of age.

Otherwise, the contract is null and void!

Do you need a preliminary contract for the sale and purchase of an apartment !?