Art. 550 of the Civil Code of the Russian Federation establishes the requirements for the form of an agreement by which property rights are transferred. Consider in detail the terms of the agreement, what features its participants face. We will touch upon registration issues.
Legislative regulation
Art. 550 of the Civil Code of the Russian Federation refers to Art. 434 of the same code, which details some aspects of the written agreements. At the same time, other provisions of the Civil Code cannot be discounted.
The rules governing the registration of property rights are also taken into account. Today, technologies are already being introduced to fully transfer the procedure to the electronic plane.
In addition to the law on registration of transfer of rights to property, a number of requirements are contained in the regulations of the Federal Register of Regions.
Transaction writing
It is divided into two main categories - simple or notarial. Attracting a notary public means checking the legal capacity of the parties, the readiness of the documents and their compliance with the law before the transaction.
The simple form does not require the involvement of a notary or an employee of the municipal administration who replaces him.
It makes it possible to present the text of the agreement on paper or in electronic form. In this case, the parties may exchange documents or letters, and they will be taken into account during the proceedings. Whatever form of correspondence is used (electronic or paper), it should allow making sure that the documents really came from the participants in the transaction.
What is the help of a notary?
The notary offers a ready draft contract. The text after making the necessary changes is printed on a special secure form. Then put the signatures of the parties, the notary public and his seal.
Persons who have resorted to the help of a notary have a kind of privilege. The state registration process does without checking the text of the agreement and the documents attached to it.
Should I contact a notary? There is a list of cases when this is necessary, otherwise registrars will not accept registration documents or refuse it:
- alienation of a share in the common real estate;
- alienation of property owned by the child or the legally incompetent or partially legally incapable;
- the application for registration of the transfer of rights is certified by a notary if it is submitted by mail without direct contact of the participants in the transaction with the Rosreestr or MFC.
As noted in Art. 550 of the Civil Code of the Russian Federation with comments, in other situations, an appeal to a notary remains voluntary.
Application of electronic form
An electronic document is generated using technologies that save the text of the agreement on a special medium. Today, the law on EDS is in force, which allows you to record the authenticity and ensure the safety of electronic documents, including contracts.
Moreover, if there are disagreements between electronic and written documents, priority is given to information received from paper media.
Single document
Although directly in Art. 550 of the Civil Code of the Russian Federation, this is not said, the text of the contract should be drawn up using a single document. Why? The procedure for registration of rights obliges you to submit several copies of the transaction.
Clearance requirements
The form of a contract for the sale of real estate obliges the parties to the transaction to state all the clauses of the agreement on the document. If there are no clauses that cannot be dispensed with in the text, the agreement shall be deemed not concluded.
The contract may have annexes. Part of the document is the act of transferring the property by the seller to the buyer. Without it, papers for registration are not accepted. Sometimes the fact of transfer of real estate is recorded directly in the text of the contract.
In addition, each copy of the agreement must be filed, on each page put the signatures of the participants and affix them using a tag, which also puts F. I. O. and signatures of the parties.
If you place the text on one sheet, then the need for hemming and a tag disappears.
Home sale
The acquisition of residential real estate has some features. If an apartment is bought, then part of the common property of an apartment building is acquired with it.
If an individual house is purchased, then with it the buyer gets the land on which it is located.
Include in the text of the contract for the sale of a house the terms of the plot or conclude a separate agreement? The choice is left to the parties. We must not forget about the rule of unity of the legal fate of the house and the plot located on it, and you should submit documents for registration both for the house and the plot at the same time.
Essential conditions
Without their presence or clear wording, the contract is either not accepted for registration or is refused. How to arrange a sale of real estate?
In addition to the list of rights and obligations of the parties to the contract, you must specify:
- information about persons with the right to reside;
- cadastral number of the object or objects (information is part of the description of the subject of the agreement);
- the price of the property.
The price is determined either in solid form, or indicating the price per unit area.
Finally
The agreement form is a way of recording the conditions reached. In the case of real estate, a written form is required. In addition, a single document is required. If the contract is in electronic form, a digital signature is required.
Together with the house, a land plot is also for sale. If the land is not owned by the seller, it passes on the same rights to the owner of the house. The owner of the plot has the right to object to the sale in case of failure to comply with the rules on the intended purpose of the plot.