People who have never encountered selling an apartment before are often surprised and worried by the fact that the buyer asks in advance, several weeks before the registration of rights, to conclude a preliminary contract of sale. What is the essence of this document and why is it needed?
In fact, this is an agreement of intent: one party promises to buy property, and the other, respectively, promises to sell it. Unlike an oral agreement, even if given under witnesses, a preliminary contract for the sale of a house, land or apartment is a legal document and provides for the responsibility of the parties to terminate the transaction. This document sets the date of transfer of property and money, and also describes the conditions under which the transaction will take place.
Preliminary contract of sale, sample
We, the undersigned:
The following are: the seller’s full name, for example, Boris Vitalievich Abdulov, his passport data indicating the number, series and date of issue of the document, date of birth and place of registration (registration), hereinafter referred to as the “Seller”, and Bezrukova Valentina Gennadevna, date of birth, date the issuance of the document and the name of the organization issuing it, the address at which the person is registered, hereinafter referred to as the “Buyer”, enter into a preliminary contract of sale on the following:
The Buyer agrees to purchase, and the Seller sells one (whole) one-room apartment (if we are talking about shares in the apartment, the shares are indicated), located at ul. Emergency d. 22 (twenty two) square. 34, on the fifth floor of a ten-story panel house with a total living area of 32.9 square meters. m
It is further indicated that this apartment belongs to the Seller and on what basis, for example, on the basis of a gift agreement concluded then ... Or on the basis of a purchase and sale agreement concluded (the date of conclusion of the agreement, the name of the institution that concluded the transaction is indicated), about which there is a corresponding Record No. , which is confirmed by the state registration document No.UUU.
The following are the conditions on which a preliminary contract of sale is concluded.
- The price of the apartment is indicated (the amount is first in numbers, and then in words).
- The payment order is indicated, for example:
- the amount of 20 thousand rubles (twenty thousand rubles) will be transferred to the seller as soon as the contract is signed as a deposit;
- the amount of 312 thousand rubles (three hundred twelve thousand rubles) will be transferred to the seller within 4 days from the date of registration of the main contract;
- the amount of 800 thousand rubles (eight hundred thousand rubles) will be transferred to the seller on account of credit funds provided by the Northern Branch No. 965 of Sberbank of Russia, hereinafter referred to as the Lender (if the purchase is made with a mortgage loan)
3. It is further indicated that the Seller informs the Buyer that no arrests and restrictions have been imposed on this apartment, and the Buyer informs the Seller that the apartment will be pledged to Sberbank.
4. The deadlines for the collection and execution of documents are set, as well as the period after which the former owner must leave the apartment.
5. The following clause may be included in the preliminary contract of sale:
If the transaction breaks down due to the Seller’s fault, he is obliged to return the deposit in double size, and if through the Buyer's fault the deposit remains with the seller.
6. The buyer and seller certify that they are fully capable, aware of the essence of the contract, do not suffer from diseases that prevent them from understanding the essence of the transaction, and are not under guardianship or trusteeship.
In general, the preliminary contract of sale fixes the date and value of the transaction and is a certain guarantee that it will not break at the last moment.