Under a contract for the sale of real estate (contract for the sale of real estate), the seller undertakes to transfer to the ownership of the buyer a land plot, building, structure, apartment or other real estate (clause 1 of article 130) (clause 1 of article 520 of the Civil Code).

In paragraph 1 of Art. 520 of the Civil Code indicates the main qualifying sign of the contract for the sale of real estate - real estate. The doctrinal definition of a contract for the sale of real estate can be based on the concept of a contract of sale (clause 1 of article 424 of the Civil Code) indicating the buyer's obligation to accept real estate and pay a certain amount of money (price) for it.

The contract for the sale of real estate is consensual, bilateral, paid.

The need for an adequate civil law form to ensure real estate transactions arose in the conditions of intensive formation of the real estate market, including through the transfer of ownership of residential premises occupied by citizens.

Sources legal regulation. The main provisions on the sale of real estate are contained in § 7 Ch. 30 GK. Real estate sale relations are also regulated by other regulatory legal acts. So, the features of the sale of residential buildings in countryside established by Decree of the President of the Republic of Belarus dated August 11, 2005 No. 368 “On Certain Issues of Alienation of Residential Buildings in Rural Settlements”. The provisions concerning the procedure for the withdrawal and provision of land plots are contained in the Decree of the President of the Republic of Belarus dated December 27, 2007 No. 66, etc.

The legislation establishes the specifics of transactions for the sale of real estate objects that are state-owned.

Elements of a contract for the sale of real estate

Parties to the agreement: seller and buyer. They can be legal individuals. As a rule, the seller is the owner of the property, but there may be a person authorized by him. The participation of certain subjects of law in a contract for the sale of real estate, primarily legal entities, may be limited by law. The legislation of the Republic of Belarus defines the circle of entities that can take part in auctions for the sale of state-owned objects. On the other hand, the features of the acquisition of state property by foreign individuals and legal entities, as well as legal entities with the participation of foreign investors, are determined by the legislation of the Republic of Belarus on foreign investment.

Subject of the contract. The subject of the contract is real estate. In paragraph 1 of Art. 520 of the Civil Code refers to land plots, buildings, structures, apartments. At the same time, it can also be other real estate (clause 1, article 130 of the Civil Code).

The diversity and complexity of real estate objects implies the need to accurately indicate in the contract all the data that make it possible to definitely determine the real estate to be transferred to the buyer. Such data includes data that determines the location of real estate on the relevant land plot or as part of other real estate. In accordance with Part 2 of Art. 525 of the Civil Code, in the absence of such data in the contract for the sale of real estate, the condition on the real estate to be transferred is considered not agreed by the parties, and the corresponding contract is not considered concluded.

Contract form. In accordance with Art. 521 of the Civil Code, a contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties (clause 2 of article 404 of the Civil Code). Failure to comply with the form of the contract for the sale of real estate entails its invalidity.

The rules of the Civil Code on the form of a contract for the sale of real estate are not the only ones that relate to the features of concluding a contract. In accordance with paragraph 1 of Art. 522 of the Civil Code, the transfer of ownership of real estate under a contract for the sale of real estate to the buyer is subject to state registration. According to the rules contained in Art. 131 of the Civil Code, real estate, rights to it and transactions with it are subject to state registration in cases provided for by legislative acts. Organizations for the state registration of real estate, rights to it and transactions with it are obliged to certify the registration by issuing a certificate (certificate) of state registration to the applicant or by making a registration inscription on the original document expressing the content of the registered transaction.

Legal basis and procedure for state registration of real estate, rights and restrictions (encumbrances) of rights to it, as well as transactions with it within the territory of the Republic of Belarus in order to recognize and protect by the state registered rights, restrictions (encumbrances) of rights to real estate and transactions with it are defined by the Law of the Republic of Belarus "On state registration of real estate, rights to it and transactions with it". Chapter 7 of this Law determines the procedure for state registration of transactions with real estate.

The evasion of one of the parties to the agreement from state registration of the transfer of ownership of real estate gives the other party the right to demand in court a decision on state registration of the transfer of ownership. According to paragraph 3 of Art. 522 of the Civil Code, a party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

Clause 1 of Decree of the President of the Republic of Belarus dated August 11, 2005 No. 368 “On Certain Issues of Alienation of Residential Buildings in Rural Settlements” established that until December 31, 2010, contracts for the sale and purchase of residential buildings located in rural settlements with economic and other buildings or without them, not registered with the territorial organizations for state registration of real estate, rights to it and transactions with it, information about which was entered in the household book before March 19, 1985 and which from that date were not objects of sale, are concluded in writing and are subject to registration with the village executive committee.

The price in the contract for the sale of real estate. The price is an essential condition of the contract for the sale of real estate (paragraph 1 of article 526 of the Civil Code). The condition on the price of real estate must be agreed upon by the parties to the contract and must be expressed in writing. If this rule is not observed, the contract for the sale of real estate is considered not concluded.

Unless otherwise provided by law or a contract for the sale of real estate, the price of a building, structure or other real estate located on a land plot established in it includes the price of the corresponding part of the land plot transferred with this real estate or the right to it (clause 2 of article 526 of the Civil Code ).

The price in the contract for the sale of real estate may not be expressed in the total amount, but per unit of real estate area or another indicator of the size of real estate (hectare, etc.). In such cases, the total price of such real estate is determined based on the actual size of the real estate transferred to the buyer.

Regulatory prices may be established for individual real estate objects by law. The price of real estate objects constituting state property in relation to the sale of real estate is determined in accordance with regulatory legal acts establishing the procedure for assessing state property objects. Regulations on the procedure for holding tenders, auctions for the sale of objects of republican property provide, under certain conditions, the possibility of reducing the initial cost of the object.

The content of the contract. The main responsibility of the seller is to transfer the property to the buyer. Such transfer is carried out according to the transfer act, which is signed by both parties or according to another document. The seller's obligation to transfer real estate is considered fulfilled after the transfer of this property to the buyer and the signing by the parties of the transfer document (transfer certificate, collation statements, etc.). Other may be provided by law or contract.

A special transfer procedure is established by law in relation to land plots.

The refusal of the seller to fulfill the obligation to transfer real estate, and the buyer - of the obligation to accept this property, is equated with the evasion of one of the parties from signing a document on the transfer of real estate on the terms stipulated by the contract.

The buyer, under a real estate sale agreement, is obliged to accept real estate and pay a certain amount of money for it.

Within the meaning of the rule contained in paragraph 3 of Art. 522 of the Civil Code, the seller and the buyer are obliged to take the actions necessary for the state registration of the transfer of ownership of real estate. According to Art. 33 of the Law of the Republic of Belarus “On State Registration of Real Estate, Rights to It and Transactions Therewith”, an application for state registration must be signed jointly by the parties to the transaction, unless otherwise provided by the agreement.

In cases where, under a contract for the sale of real estate, a building, structure or other real estate object is transferred simultaneously with the transfer of ownership of real estate, the buyer is transferred the rights to that part of the land plot that is occupied by this real estate and is necessary for its use.

If the owner of the land plot on which the immovable property is located is the seller of this property, the right of ownership is transferred to the buyer, or the right to lease the corresponding part of the land plot is granted. In cases where the contract does not define the right to the land plot transferred to the buyer of real estate, the right of ownership to that part of the land plot that is occupied by the property and is necessary for its use is transferred to the buyer.

Does not prevent the sale of real estate lack of ownership of the land from the seller located on this property. In this case, the sale of real estate is allowed without the consent of the owner of the land plot, but only if this does not contradict the conditions for using such a plot established by law or an agreement.

According to Art. 524 of the Civil Code, in cases where a land plot on which a building, structure or other real estate owned by the seller is located is sold without transferring this property to the buyer's ownership, the seller retains the right to use the part of the land plot that is occupied by real estate and is necessary for its use, on the terms determined by the contract of sale. If the conditions for the use of the relevant part of the land plot are not defined by the contract for its sale, the seller retains the right of limited use (servitude) of that part of the land plot that is occupied by the real estate and is necessary for its use in accordance with its purpose.

Article 529 of the Civil Code specifies the features of the sale of residential premises. Thus, an essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment, in which persons live who, in accordance with legislative acts, retain the right to use this residential premises after it is acquired by the buyer, is a list of these persons indicating their rights to use the residential premises. . In addition, a contract for the sale of a residential building, apartment, part of a residential building or apartment is subject to state registration and is considered concluded from the moment of such registration.

The procedure for the sale of residential buildings and apartments is regulated by special legislation.

Under a contract for the sale of real estate (contract for the sale of real estate), the seller undertakes to transfer a land plot, building, structure, apartment or other real estate into the ownership of the buyer, and the buyer undertakes to accept this property and pay for it the price determined by the parties (paragraph 1 of Art. 549, paragraph 1 of article 454 of the Civil Code).

The essential terms of the contract for the sale of real estate include the conditions on the subject of sale and the price of the real estate being sold.

The law requires that the contract for the sale of real estate contain data that make it possible to definitely determine the real estate to be transferred to the buyer under the contract, including data that determine the location of the property on the relevant land plot or as part of other real estate. In the absence of the specified data in the contract, the condition on the real estate to be sold and to be transferred is considered inconsistent, and the contract is not concluded.

AT different from a contract of sale movable property, the contract for the sale of real estate must contain a condition on the price of real estate agreed by the parties in writing. In the absence of a condition on the price, the contract for the sale of real estate is considered not concluded (clause 1 of article 555 of the Civil Code). As a general rule, the price of real estate located on a land plot agreed upon by the parties includes the price of the corresponding part of the land plot transferred with this real estate or the right to it (clause 2 of article 555 of the Civil Code). However, this rule is dispositive.

Real estate price in a contract for the sale of real estate can be determined by the parties in various ways. In cases where the price of real estate is set for a unit of its area or another indicator of its size, the total price of such real estate payable is determined based on the actual size of the real estate transferred to the buyer (paragraph 3 of article 555 of the Civil Code).

Main duty the buyer under a contract for the sale of real estate, along with the obligation to accept the purchased property, is the obligation to pay for it. The form, procedure and method of payment are determined by the parties to the agreement independently. The law allows payment of purchased property in installments and on credit, as well as advance payment.

If there is no condition in the contract on the distribution of costs for state registration of the transfer of ownership, these costs must be borne by the seller.

The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties.

non-compliance form of a contract for the sale of real estate entails its invalidity. The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.

Enterprise sale agreement

Under the contract for the sale of an enterprise, the seller undertakes to transfer the enterprise as a whole as a property complex into the ownership of the buyer (Article 132 of the Civil Code of the Russian Federation), with the exception of rights and obligations that the seller is not entitled to transfer to other persons (clause 1 of Article 559 of the Civil Code of the Russian Federation).

The allocation of a contract for the sale of an enterprise as an independent variety of a contract for the sale of real estate is due to the specifics of the subject - the enterprise as a property complex used for entrepreneurial activity.

The contract for the sale of an enterprise is consensual, compensated, mutual.

The object of this agreement is the enterprise as a property complex. The structure of the enterprise as a property complex includes all types of property intended for its activities, including land plots, buildings, structures, equipment, inventory, raw materials, products, rights of claim, debts, as well as rights to designations that individualize the enterprise, its products, work and services (brand name, trademarks, service marks), and other exclusive rights. Other property and non-property elements may be included in the composition of the enterprise by law or by agreement.

The parties to the contract are the seller - an individual or entity, which has the right of ownership to the property complex in question, and the buyer - as a rule, an individual - an entrepreneur or a legal entity, which may own a property complex of a certain purpose.

The requirements for the form of the contract for the sale of an enterprise should be considered as special. Firstly, these are indications of the actual form of the contract and its registration, and secondly, indications of the documents attached to the contract, the list of which is exhaustive. Failure to comply with both of these requirements entails the invalidity of the contract.

Supply contract: concept, types and elements

Under the supply contract, the supplier-seller engaged in entrepreneurial activities undertakes to transfer, within a specified period or terms, the goods produced or purchased by him to the buyer for use in entrepreneurial activities or for other purposes not related to personal, family, household and other similar use.

This agreement is consensual, compensated and mutual.

Delivery most often includes a supply agreement for state needs, an energy supply agreement, and a contracting agreement.

The elements of the supply contract are as follows: parties, subject, price, term, form and procedure for concluding, content of the contract.

Parties to the agreement - persons conducting business activities, i.e. according to Art. 2 of the Civil Code - commercial organizations (sometimes non-profit) or citizens - individual entrepreneurs.

The subject of the contract is, as a rule, things defined by generic characteristics. The rights of the buyer include the right to replace low-quality goods, make up for the short supply from other persons with the attribution to the supplier of the costs of their purchase. Individually defined things cannot be the subject of a contract. The price of the contract is determined by agreement of the parties (except for those types of goods in respect of which state regulation of prices is carried out).

The deadline for the fulfillment of obligations to transfer the goods and pay for them is also established by agreement of the parties.

The form of the contract is written, which in practice is formalized, as a rule, by signing and drawing up by the parties of one document. The content of the contract consists of the obligations of the parties (the supplier - to transfer the goods to the buyer with all the necessary accessories and documents in the agreed quantity, assortment and kit, of the established quality, free from third party rights, in proper packaging or containers, and the buyer - to accept the goods and pay for it).

Supply of goods for state needs

The supply of goods for state needs is carried out on the basis of a state contract for the supply of goods for state needs, as well as contracts concluded in accordance with it for the supply of goods for state needs.

The needs of the Russian Federation or constituent entities of the Russian Federation, determined in accordance with the procedure established by law and provided at the expense of budgets and extra-budgetary sources of financing, are recognized as state needs.

The state contract for the supply of goods for state needs is a type of supply contract and in this sense can be characterized as a compensated, onsensual and mutual contract.

Under a state contract for the supply of goods for state needs, the supplier (executor) undertakes to transfer the goods to the state customer or, at his direction, to another person, and the state customer undertakes to ensure payment for the delivered goods.

The state contract is concluded on the basis of the order of the state customer for the supply of goods for state needs, accepted by the supplier (executor).

For a state customer who has placed an order accepted by the supplier (executor), the conclusion of a state contract is mandatory. The conclusion of a contract is obligatory for the supplier (executor) only in cases established by law, and on condition that the state customer will compensate for all losses that may be caused to the supplier (executor) in connection with the performance of the contract.

If an order for the supply of goods for state needs is placed through a tender, the conclusion of a contract with the supplier (executor) declared the winner of the tender is mandatory for the state customer.

In cases stipulated by law, the state customer has the right to completely or partially refuse the goods, the supply of which is provided for by the state contract, subject to compensation to the supplier for losses caused by such refusal.

contracting agreement

Under a contracting agreement, the producer of agricultural products undertakes to transfer the agricultural products grown (produced) by him to the purveyor - the person who purchases such products for processing or sale.

This agreement is consensual, paid and bilateral.

Contracting is specific to the parties and the subject of the contract. The seller under a contracting agreement can be not only agricultural commercial organizations and peasant (farmer) households for which the production and sale of agricultural products is an entrepreneurial activity, but also citizens producing agricultural products in household plots, garden plots and summer cottages. The buyer (purchaser) is a person who purchases agricultural products for further processing or sale, i.e. for use in business activities.

Under the contracting agreement, only those agricultural products that are grown (produced) by the seller are sold in the quantity and assortment stipulated by the agreement. This may be the products of the future harvest or already available from the producer at the conclusion of the contract. Under the supply agreement, both manufactured and purchased by the seller products can be sold.

Under a contracting agreement, agricultural products that have not undergone any processing are sold. Processed agricultural products refer to industrial products that are sold under a supply agreement or under a retail sale agreement.

Energy supply agreement

The energy supply contract is a public contract.

Under an energy supply agreement, the energy supplying organization undertakes to supply the subscriber (consumer) with energy through the connected network, and the subscriber undertakes to pay for the received energy, as well as to comply with the mode of its consumption provided for by the agreement, to ensure the safety of operation of the energy networks under his control and the serviceability of the devices and equipment used by him, connected with energy consumption.

The power supply contract is concluded with the subscriber if he has a power receiving device that meets the established technical requirements, connected to the networks of the power supply organization, and other necessary equipment, as well as providing accounting for energy consumption.

This is a treaty consensual, since the rights and obligations of the parties arise from the moment the contract is concluded and the supplying organization undertakes to supply energy to the subscriber during the validity of the contract; in addition, this is a paid and mutual agreement and is one of the public agreements.

The parties to this agreement are the power supply organization and the subscriber. Energy supply companies are commercial organizations that sell to consumers produced or purchased electrical and (or) thermal energy.

The subscriber under the energy supply agreement (the buyer of energy) can be legal or individual. Entity can receive energy either for direct consumption or for resale. citizens, as a rule, enter into an electricity supply agreement in order to obtain energy for domestic consumption. However, the contract may provide for the use of energy for business activities.

The Civil Code does not contain special requirements for the form of an energy supply contract. Therefore, during its execution, the general provisions on the form of transactions must be observed. When concluding an energy supply agreement with a subscriber - a legal entity, a simple written form is required. Registration of contractual relations takes place by "actual connection" in the prescribed manner to the connected network (clause 1 of article 540 of the Civil Code). The actual connection is preceded by a citizen submitting an application to the energy supply organization, inspecting his electrical wiring, sealing the meter, etc., after which, if their compliance with the current technical requirements is established, the energy supply organization opens a personal account in the name of the subscriber and hands him a "pay book" for issuance payment documents for the used electricity. Break in serving, interruption or restriction of energy supply is possible: - by agreement of the parties; - if the unsatisfactory condition of the subscriber's power plants threatens with an accident or poses a threat to the life or safety of citizens; - if necessary, take urgent measures to prevent or eliminate an accident in the system of the energy supply company.

concept - under a contract for the sale of real estate, the seller undertakes to transfer a land plot, building, structure, apartment or other real estate into the ownership of the buyer, and the buyer undertakes to accept this property and pay a price determined by the parties for it.

The contract for the sale of real estate is characterized as consensual, bilateral and mutual.

The essential terms of the contract for the sale of real estate include the conditions on the subject of sale and the price of the real estate being sold.

This contract stands out as an independent version of the contract of sale according to subject - real estate:

Transferable land plots - land and other natural resources can only be transferred to the extent specified in land laws;

Subsoil plots that are immovable due to physical properties, and everything that is firmly connected to the earth, i.e. objects, the movement of which is not possible without commensurate damage;

Air and sea vessels subject to state registration, inland navigation vessels and space objects;

Residential premises are isolated premises that are immovable, suitable for permanent residence of citizens, that is, they meet the established sanitary and technical rules and norms, other requirements of the legislation;

Non-residential premises inside buildings;

Enterprises as a property complex;

Objects of construction in progress - the rights to objects of construction in progress are registered on the basis of special documents: a document on the right of ownership or the right to use; building permit; project documentation; documents that contain a description of the object of construction in progress.

The law requires that the contract for the sale of real estate contain data that make it possible to definitely determine the real estate to be transferred to the buyer under the contract, including data that determine the location of the property on the relevant land plot or as part of other real estate. In the absence of the specified data in the contract, the condition on the real estate to be sold and to be transferred is considered inconsistent, and the contract is not concluded. The list and nature of documents containing data that make it possible to definitely identify the real estate being sold is determined by the legislation on state registration of rights to real estate and transactions with it and the legislation on technical accounting of real estate.

Subjects of the contract for the sale of real estate:

Seller and buyer under the contract of sale of real estate can be both legal entities and individuals. At the same time, it should be borne in mind that the charter or special provisions of the law may impose restrictions on the acquisition and alienation of immovable property on a legal entity. For example, in most cases, the sale of expensive real estate is a major transaction, for which the seller - a joint-stock company - must comply with the requirements of joint-stock legislation for such transactions.

As a general rule, the owner of real estate can act as a seller. The seller may also be a person authorized by the owner by virtue of law or contract.

The contract for the sale of real estate must be concluded in writing. form by drawing up one document signed by the parties. Failure to comply with the established form of the contract for the sale of real estate entails its invalidity.

The transfer of ownership of real estate from the seller to the buyer is subject to state registration. Therefore, the right of ownership of real estate arises from the buyer on the basis of a complex legal structure - a concluded contract for the sale of real estate and an act of state registration of the transfer of ownership.

Therefore, if the parties in the contract stipulate the condition that the obligations to transfer real estate and pay for it must be fulfilled by the parties before the state registration of the transfer of ownership, then each of the interested parties may demand their execution.

Until the state registration of the transfer of ownership, the seller, who has fulfilled the obligation to transfer the immovable object into the possession of the buyer, retains the authority to protect the ownership right. Therefore, the seller of real estate can file vindication and negatory claims.

In the absence of a condition on price the contract for the sale of real estate is considered not concluded. As a general rule, the price of real estate located on a land plot agreed by the parties includes the price of the corresponding part of the land plot transferred with this real estate or the right to it. However, this rule is dispositive. The price of real estate in a real estate sale agreement can be determined by the parties in various ways. In cases where the price of immovable property is set per unit of its area or other indicator of its size, the total price of such immovable property payable is determined based on the actual size of the immovable property transferred to the buyer.

Execution of a contract for the sale of real estate. The procedure for the transfer of ownership and risks to the buyer. Rights to a land plot under immovable property. Features of the sale of residential premises

Execution of a contract for the sale of real estate:

Salesman must hand over, a buyer must to accept real estate under a deed of transfer or other transfer document. A deed of transfer or other document of transfer is required as a mandatory requirement for registering the transfer of ownership of the property sold. The evasion of one of the parties from signing the document on the transfer of real estate is considered the seller's refusal to fulfill the obligation to transfer the property, and the buyer - from the obligation to accept the property. Consequently, the other party has the right to demand compensation for damages or seizure of the thing.

Salesman must transfer property good quality. When transferring technically complex buildings and structures, the parties may stipulate that a prerequisite for the proper fulfillment of the obligation to transfer is that the seller, at his own expense, by a specialized organization, conducts control and verification activities to determine the qualitative state of the property, utilities, information networks and etc. serving this object.

If the shortcomings of the goods were not specified by the seller, the buyer, to whom the property of inadequate quality was transferred, has the right, at his choice, to demand from the seller:

Proportionate reduction of the purchase price;

Free of charge elimination of defects in the goods within a reasonable time;

Reimbursement of their expenses for the elimination of defects in the goods.

In the event of a material violation of the requirements for the quality of the goods, the buyer has the right to refuse to fulfill the contract of sale and demand the return of the amount of money paid for the goods. The buyer has no right to demand the replacement of low-quality real estate with high-quality homogeneous real estate. This exception is explained by the fact that the property is an individually defined thing, which excludes the possibility of its replacement due to the nature and substance of the obligation.

Acceptance by the buyer of real estate that does not comply with the terms of the contract is not a basis for releasing the seller from liability for improper performance of the contract.

Buyer must pay real estate. The form, procedure and method of payment are determined by the parties to the agreement independently. The law allows payment of purchased property in installments and on credit, as well as advance payment. When real estate is sold on credit, such real estate is recognized as being pledged to the seller to ensure that the buyer fulfills its obligations to pay for the goods.

In case of non-fulfillment of the obligation to pay, the seller has the right to demand payment for real estate and payment of interest for the use of other people's funds.

2.2.1. Subject of the contract

2.2.2. Contract price

2.3.1. Title documents

2.3.2. Information about the encumbrances of the apartment

2.3.3. Conditions for the release of the apartment

2.3.4. The procedure for settlements under the contract

4. State registration of the transfer of ownership under a contract for the sale of real estate

1. The concept of the essential terms of the contract

First, a little theory about the terms of contracts. According to article 432 Civil Code RF contract is considered concluded if the parties reached an agreement on all essential terms of the contract. Thus, the code divided the terms of the contract into two groups: essential terms and other (they can be called additional) terms.

The essential conditions are:

- conditions on the subject of the contract,

- conditions that are named in the law or other legal acts as essential or necessary for contracts of this type,

- all those conditions regarding which, according to the statement of one of the parties, an agreement should be reached.

If the parties to the contract have not reached an agreement on the essential terms of the contract, and the contract does not contain essential terms, then by law the contract is considered not concluded.

2. Conditions of the contract for the sale of real estate

Contract for the sale of real estate. What conditions should it contain?

Under a contract for the sale of real estate (contract for the sale of real estate), the seller undertakes to transfer real estate to the ownership of the buyer, and the buyer undertakes to accept this property and pay for it the price agreed by the parties.

The contract must contain:

- information about each party to the contract,

- all essential conditions, in the absence of which the contract will be considered not concluded,

- as well as other conditions.

2.1. Information about each party to the contract

The contract of sale of real estate must contain information about each party to the transaction.

For individuals:

- passport data,

- address of registration,

Date and place of birth.

If at least one of the parties is entity, the name, TIN, PSRN, legal address of the organization are indicated.

If the contract is not the owner of the property or not the buyer b, then the contract indicates the grounds on which the specified person (s) acts on their behalf.

This may be a power of attorney: notarized, if the contract is signed by an individual; drawn up in a simple written form, if the contract to which the legal entity is a party is signed by an authorized individual.

The power of attorney must indicate the appropriate authority: to conclude a sale and purchase agreement, receive payment or make payment under a sale and purchase agreement, as well as accept or transfer real estate with the right to sign a deed of transfer.

If a party to the contract is under 14 years of age or incapacitated citizen, then on his behalf, the contract is concluded by parents, adoptive parents or guardians.

If the parties to the contract are a minor between the ages of 14 and 18 or a citizen with limited legal capacity, then they sign the contract on their own with the written consent of the parents, adoptive parents or guardian. In these cases, you will need permission from the guardianship and guardianship authority to conduct the transaction.

2.2. Essential terms of the contract for the sale of real estate

2.2.1. Subject of the contract

2.2.2. Contract price

2.2.3. List of persons retaining the right to use residential premises

The essential terms of a contract for the sale of real estate include:

- Subject of the contract

— The price of the contract,

- And for residential premises - a list of persons retaining the right to use residential premises.

2.2.1. Subject of the contract

The contract for the sale of real estate must contain data that makes it possible to definitely determine the real estate to be transferred to the buyer under the contract, including data that determines the location of the real estate on the relevant land plot or as part of other real estate.

If we are talking about a contract for the sale of an apartment , then:

The contract must specify:

- name of the dwelling - apartment,

- number of rooms

- the address of the residential building in which the apartment is located,

- common and residential area.

In addition, other identifying features of the apartment can be indicated: floor, entrance, number of levels of the apartment, number of storeys of the whole house, etc.

All this information is reflected in the cadastral and technical passports provided by the BTI or Rosreestr.

Also, the contract should reflect the condition of the apartment, the availability and condition of the property that remains in the apartment, technical equipment, etc. (this can be made in the form of an annex, which is an integral part of the contract).

Let's note one more important point.

To take to tax deduction the cost of finishing the purchased apartment, it is necessary that the contract on the basis of which the apartment was purchased contains a condition for acquiring the apartment without finishing.

2.2.2. Contract price

The price also refers to the essential terms of the contract of sale. And accordingly, as we said earlier, in the absence of a written agreement agreed by the parties on the price of real estate, the contract for its sale is considered not concluded.

The contract price is indicated in rubles, but may be indicated in the ruble equivalent of the amount determined in foreign currency or in conventional monetary units.

The contract allows the indication of the price per unit area, in connection with which the price of real estate is determined based on its area.

2.2.3. List of persons entitled to use the apartment

According to paragraph 1 of Art. 558 of the Civil Code, which establishes the specifics of the sale of residential premises, in addition to the subject and price, an essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which persons live who, in accordance with the law, retain the right to use this residential premises after it has been acquired by the buyer, is a list of these persons indicating their rights to use the residential premises being sold.

These persons, according to the law, may be:

a) the tenant of the dwelling and citizens permanently residing with him;

b) a citizen who is a subtenant of residential premises, within the term of the lease agreement (Article 677 of the Civil Code of the Russian Federation).

c) a person who has the right to lifelong use of residential premises in the manner of a testamentary refusal (Article 33 of the LC RF);

d) the recipient of rent under a lifelong maintenance agreement with a dependent, if the agreement stipulates his residence in this residential building (clause 1, article 602, clause 1, article 586 of the Civil Code of the Russian Federation);

e) a borrower under an agreement for the gratuitous use of residential premises within the term of the agreement (clause 1, article 700 of the Civil Code of the Russian Federation).

The presence of the right of third parties to reside and use the alienated residential premises is a very important circumstance that the buyer of this residential premises should be aware of, since this right is a kind of encumbrance in the right to use the alienated residential premises and may serve as a circumstance in which the acquirer may refuse to from making a deal.

Thus, when alienating a dwelling, the contract must indicate the right of the person who lives in it to use this dwelling, otherwise the contract cannot be concluded, since an agreement has not been reached on all essential conditions.

Ideally, at the time of the conclusion of the contract for the sale of an apartment, there are no individuals at the place of residence and place of stay, as well as that there are no persons who, in accordance with the law, retain the right to use this residential premises after it is acquired by the buyer.

2.3. Necessary conditions of the contract of sale of real estate

2.3.4. Conditions for the release of real estate from the property of the seller, the procedure and terms for the transfer of the property by the seller to the buyer

2.3.5. The procedure for settlements under the contract

They are not essential conditions, but the following conditions of the contract for the sale of real estate are clearly necessary.

2.3.1. Date and place of conclusion of the contract

The contract for the sale of real estate must indicate the date and place of the conclusion of the contract.

2.3.2. Title documents

The contract must specify information about the title documents for the property:

– on the basis of which the apartment was purchased (purchase and sale agreement, court decision, participation agreement in shared construction etc.),

- type of ownership of the seller,

- details of the document confirming the right of ownership of the seller, namely the Certificate of Title.

2.3.3. Information about the encumbrances of the property

In the contract for the sale of an apartment, it is desirable to provide for a condition that there are no facts of arrest, pledge, litigation in relation to the property and other restrictions.

2.3.4. Real Estate Release Conditionfrom the property of the seller, the procedure and terms for the transfer of the property by the seller to the buyer

If you are purchasing real estate, in particular an apartment, in which the seller and members of his family continue to live at the time of signing the contract of sale, the contract must provide for the period during which they will move out of the apartment, take out the property and be removed from the register at this address .

The transfer of real estate by the seller and its acceptance by the buyer are carried out according to the transfer act signed by the parties or another document on the transfer (part 1 of article 556 of the Civil Code of the Russian Federation). Unless otherwise provided by law or contract, the seller's obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing by the parties of the relevant transfer document.

The evasion of one of the parties from signing the document on the transfer of real estate on the terms stipulated by the contract is considered the seller's refusal to fulfill the obligation to transfer the property, and the buyer - the obligation to accept the property.

2.3.5. The procedure for settlements under a contract for the sale of real estate

Let us dwell in more detail on the procedure for settlements under a contract for the sale of real estate.

Currently, there are four main methods of settlement in the real estate market under a real estate purchase and sale agreement.

Method 1. Letter of credit form of payment

This method of payment consists in the fact that the buyer of real estate preliminarily concludes an agreement with the bank, on the basis of which an amount equal to the value of the property is deposited into the bank account. At the moment when the seller of the apartment submits to the bank the document specified by the parties when issuing a letter of credit, for example, an extract from the Unified State Register of Rights to Real Estate and Transactions with It, in which the buyer is indicated as the owner of the property, the bank transfers the amount due to him ( paragraph 1 of article 867 of the Civil Code of the Russian Federation).

Letters of credit are:

- irrevocable (Article 869 of the Civil Code of the Russian Federation). This type of letter of credit implies that the bank cannot cancel the obligation to pay the amount specified in the letter of credit without the consent of the recipient of funds. For the seller, it is preferable to open an irrevocable letter of credit;

- revocable (Article 868 of the Civil Code of the Russian Federation). This type of letter of credit does not contain an unconditional obligation of the bank towards the seller and can be canceled or changed without the prior consent of the recipient of funds. Unless otherwise stated, the letter of credit is assumed to be revocable.

Banks may charge a commission for opening a letter of credit, the amount of which is usually determined as a percentage of the amount of the letter of credit.

Method 2. Using a bank cell

This method is as follows.

The seller, the buyer and the bank draw up an agreement on the basis of which the bank leases a safe deposit box. Next, the buyer, in the presence of the seller, places the money in the cell. The cell lease period is indicated taking into account the expected period of state registration of the transfer of ownership of the property.

Conditions for access to the cell are pre-negotiated. Within a certain time after placing money in a cell, only the seller has the right to open it, presenting, for example, an extract from the register of rights to real estate and transactions with it stating that the ownership of real estate has passed to the buyer.

After the expiration of this period, the seller's right to access the cell without a buyer is terminated. In this case, the buyer will have access to the cell upon presentation of his passport in the absence of the seller and the opportunity to take the money back.

However, it is important for the buyer, in turn, to receive a receipt from the seller that the seller has received funds. To do this, the seller and the buyer, as a rule, rent a second cell from the bank, the conditions for access to which are mirrored in relation to the conditions for access to the cell with money. That is, within a certain period, the buyer has access to the cell upon presentation of a certificate of ownership of the apartment, and then if the transaction does not take place, the seller has access and takes his receipt from the cell.

Method 3. Cash without using a safe deposit box or using payment orders in settlements

These methods are now also quite common.

However, the use of cash settlements or non-cash settlements by transferring funds by the bank on behalf of the buyer to the seller's account entails the following risks:

1) if the buyer transfers (lists) cash at the time of signing the contract before registering the transfer of ownership, there is a risk that the registration will be refused. The buyer in such a situation may be without money and real estate;

2) if the parties agree to settle after the transfer of ownership has been registered, there may be a risk that the buyer, whose ownership of the property has already been registered, may for some reason fail to pay the agreed amount to the seller. In this case, the seller will be without real estate and without money.

Thus, settlements under a letter of credit and settlements using a safe deposit box are safer methods of settlement when making a real estate purchase and sale transaction.

Method 4. Using an escrow bank account

This method consists in the fact that the buyer of real estate opens a so-called escrow account in the bank for settlements under a contract for the sale of real estate.

To do this, the buyer of real estate deposits an amount equal to the value of the real estate into the escrow account.

The bank blocks the funds on the escrow account until the fulfillment of obligations under the real estate purchase and sale agreement, in which the funds are placed. At the moment when the seller of real estate presents to the bank, for example, an extract from the Unified State Register of Rights to Real Estate and Transactions with It on the Ownership of the Buyer, the bank gives the seller the amount due to him from the escrow account.

The owner of the escrow account cannot dispose of the funds in the account. In fact, such an account is intended only for storing the buyer's funds and transferring them to the seller upon the occurrence of circumstances specified in the real estate purchase and sale agreement.

If the transaction did not take place, then upon expiration of the escrow account agreement, the account is closed, and the funds from the account are returned to the buyer of real estate, unless otherwise provided by an agreement between the seller and the buyer.

2.4. Other terms of the contract for the sale of real estate

In addition to the above conditions, other conditions may be provided for in a real estate sale agreement, for example, a condition on the responsibility of the parties, a condition on the procedure for resolving disputes under the contract, a condition on confidentiality, and others.

3. Form of a contract for the sale of real estate

The contract for the sale of real estate is drawn up in a simple written form in the form of a single document signed by the parties. Failure to comply with the form of the contract of sale of real estate entails its invalidity. It is also necessary to pay attention to the fact that the legislation does not provide for mandatory notarization of a contract for the sale of real estate.

However, the parties may voluntarily provide for the notarization of the contract for the sale of an apartment, reflecting this condition directly in the contract itself. But, we repeat, this is a right, not an obligation of the parties.

For some reason, there is an opinion that the notarization of the contract gives additional protection to the transaction, however, this is not so.

4.4. State registration of the transfer of ownership under a contract for the sale of real estate

The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.

In accordance with the Civil Code of the Russian Federation state registration rights to real estate is a legal act of recognition and confirmation by the state of the emergence, restriction (encumbrance), transfer and termination of rights to real estate.

Consequently, the buyer's right of ownership to the real estate acquired by him arises from the moment of its state registration (clause 2, article 223 of the Civil Code of the Russian Federation).

If a transaction requiring state registration is made in the proper form, but one of the parties evades its registration, the court is entitled, at the request of the other party, to make a decision on the state registration of the transaction. In this case, the transaction is registered in accordance with the decision of the court.

In conclusion, I want to note that a real estate purchase and sale agreement, containing all the requirements of the law and protecting the seller and the buyer as much as possible, is a complex document.

Well, do not forget to consult with lawyers involved in real estate transaction support in order to have complete information about the terms of this agreement and imagine how your transaction will go before signing a real estate sale agreement. Good luck!

Boytsova E. A.

Lawyer of the Moscow Bar Association

"Center of Legal Expertise"

By real estate sales contract the seller undertakes to transfer real estate property to the purchaser, and the buyer undertakes to accept this property under the deed of transfer and pay for it a sum of money determined by the parties.

By contract for the sale of real estate (contract for the sale of real estate) the seller undertakes to transfer to the ownership of the buyer a land plot, building, structure, apartment or other real estate

The rules apply to the sale of enterprises, unless otherwise provided by the rules on the contract for the sale of an enterprise.

JURID. CHARACTERISTIC

consensual

compensated

bilateral

Mutual

PARTIES

The seller is the owner of the real estate, acting directly or through his representative (also applies to the holders of the corresponding real rights to real estate).

Purchase.

Any subjects of law on the side of both the seller and the buyer can act as parties to the contract.

Peculiarities: if the seller is a state or municipal unitary enterprise with the right to manage or operational management, then has limited rights to dispose of property and not allowed to sell without the consent of the owner. The institution may alienate only immovable property, which is acquired at the expense of income from activities permitted by the charter.

When selling real estate in the process of privatization, special rules are applied, provided for by the legislation on privatization.

Subject - real estate. It is a distinctive feature, which made it possible to distinguish this type of dog-ra K-P. Immovable things - everything that is firmly connected with the earth, i.e. objects, moving to without disproportionate damage to their purpose is impossible (land plots, isolated water bodies, forests, buildings, enterprises, ships subject to state registration, etc.). including court

Essential condition - price and item

The contract for the sale of land must also indicate its encumbrances and restrictions on use. In the absence of these data, the property condition is considered not agreed by the parties, and the contract is not concluded.

The form- written by drawing up one document signed by the parties. Non-compliance is invalid.

The parties are required to register only the transfer of ownership of the property. Not necessarily carried out simultaneously with the transfer of real estate under the act.

Registrations subject to the transfer of rights to property, and not the contract, which is considered concluded from the moment it is signed by the parties. Produced by institutions justice in the Unified State Register in accordance with the law on registration of rights to real estate. Wears open nature: the body is obliged to provide information about any real estate to any person who has presented an identity card and a written application, and to a legal entity - documents confirming the registration of a legal entity and the authority of its representative.

The fulfillment of the agreement by the parties before registration (the property was transferred to the buyer, who paid the seller the price established by the agreement) is not a basis for changing their relations with third parties.

In the event that one of the parties evades the state registration of the transfer of ownership of real estate, the court has the right to make a decision on the state registration of the transfer of ownership:

At the request of the other party,

At the request of the bailiff-executor in cases provided for by the legislation of the Russian Federation on enforcement proceedings,

The party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.

Price- an essential condition, in the absence of a dog-r it is considered not concluded. When selling property located on a land plot, the established price of this property includes the price of the corresponding land plot, unless otherwise provided by law or contract. The contract can only specify the price per unit area, while the total price of the property is determined based on its actual size.

Seller's duty — transfer of property to the buyer.

Buyer Responsibilities do not require detailed characteristics, because are customary for any K-P contract, with the exception of the obligation to accept immovable property under a deed of transfer

Both are obliged to register the transfer of ownership.

Real estate transfer by the seller and its acceptance by the buyer are carried out according to the agreement signed by the parties deed of transfer or other transfer document.

Unless otherwise provided by law or contract, the seller's obligation to transfer real estate to the buyer is considered fulfilled after the property is handed over to the buyer and the parties sign the relevant transfer document. Acceptance by the buyer of real estate that does not comply with the terms of the contract is not a basis for releasing the seller from liability for improper performance of the contract.

Under the contract for the sale of real estate to the buyer simultaneously with the transfer of ownership of it, the rights to that part are transferred land plot , which is occupied by it and necessary for its use.

In the case when the seller is the owner of the land plot on which the real estate for sale is located, the ownership of land occupied by such real estate and necessary for its use, unless otherwise provided by law.

Sale of real estate located on a land plot not owned by the seller, allowed without agreement the owner of this site, if this does not contradict the terms of use of such a site, established by law or contract.

When selling such real estate, the buyer acquires the right to use the relevant land plot on the same terms as the seller of real estate.

The Land Code N 136-FZ of October 25, 2001 establishes the principle of the unity of the fate of land plots and objects firmly connected with them, according to which all strongly connected with land plots objects follow the fate of land plots, with the exception of cases established by federal laws.

When transmission seller to buyer real estate that does not meet the terms of the contract on its quality , the rules of Article 475 apply: If the defects of the goods have not been specified by the seller, the buyer has the right, at his choice, to demand from the seller:

Proportionate reduction of the purchase price;

Free of charge elimination of deficiencies within a reasonable time;

Reimbursement of their expenses for the elimination of deficiencies.

In the event of a material violation of the quality requirements, the buyer has the right, at his choice: to refuse to perform the contract and demand a refund of the amount paid for the goods. The terms during which the consequences occur may be specified in the contract or the law, if not established, reasonable ones apply.

Residential sale contracts

An essential condition of the contract for the sale of a residential building, apartment, part of a residential building or apartment in which persons live retaining, in accordance with the law, the right to use this dwelling AFTER its acquisition by the buyer, is a list of these persons, indicating their rights to use residential property for sale.

The contract for the sale of residential premises is subject to state registration and is considered concluded from the moment of such registration.

The contract for the sale of residential premises differs from other contracts for the sale of real estate in that the residential premises, regardless of who owns it, may only be used for the intended purpose - for citizens to live. The intended use cannot be changed in the sales agreement at the discretion of the parties.

The Constitution, which says that no one can be arbitrarily deprived of the right to housing.

Such persons include:

Family members of the owner of the dwelling (Article 292 of the Civil Code),

Tenant of residential premises and citizens permanently residing with him (Articles 675 and 677 of the Civil Code),

Citizens who are subtenants within the term of sublease, but not more than the term of the contract of employment (Article 685 of the Civil Code).

If at the time of the sale no persons whose rights follow the residential premises live in the residential premises, then the contract should expressly indicate this.

Restrictions related to the alienation of residential premises in which minor members of the owner's family live: sale is allowed only with the consent of the guardianship and guardianship authority.

Enterprise sale agreement.

Federal Law of July 21, 1997 N 122-FZ "On State Registration of Rights to Real Estate and Transactions with It"

Company as an object of rights - Property Complex, used for business activities, is recognized as real estate.

The structure includes all types of property intended for its activities, including:

Land,

Buildings, structures,

Equipment,

Inventory,

products,

Business reputation,

rights of claim,

As well as the rights to designations that individualize the enterprise, its products, works and services (company name, trademarks, service marks), and other exclusive rights, unless otherwise provided by law or contract.

By business sale agreement the seller undertakes to transfer to the ownership of the buyer the enterprise as a whole as a property complex (Article 132), except for the rights and obligations that the seller is not entitled to transfer to other persons.

LEGAL DESCRIPTION

consensual,

compensated,

Mutual.

Entrepreneurial

An object- an enterprise as a property complex, and not as a legal entity.

Exclusive rights to the means of individualization of the enterprise, products, works or services of the seller (commercial designation, trademark, service mark), as well as the rights belonging to him on the basis of license agreements to use such means of individualization transferred to the buyer, unless otherwise provided by the contract.

The rights of the seller, obtained by him on the basis of a license to engage in the relevant activity, are not subject to transfer to the buyer of the enterprise unless otherwise provided by law or other legal acts. The transfer to the buyer as part of the enterprise of obligations, the fulfillment of which by the buyer is impossible in the absence of a license, does not release the seller from them before creditors. For non-performance, the seller and the buyer are jointly and severally liable to the creditors.

In practice, it is necessary to distinguish several areas of application of a group of norms according to the mechanism of legal regulation:

Sale of state and municipal enterprises carried out in the process of privatization;

Sale of the enterprise in connection with the bankruptcy of the debtor;

The sale of enterprises by private owners among themselves and in the sale of private enterprises to the state.

Sides:

The seller is a legal entity and an individual entrepreneur who has the right of ownership of the property complex,

The buyer is a legal entity and an individual entrepreneur who may own a property complex of a certain purpose.

Essential terms of the contract - item and price

THE FORM:

1) is concluded in writing by drawing up one document signed by the parties with the obligatory attachment of documents to it

Failure to comply with the form of the contract for the sale of an enterprise shall entail its invalidity.

2) Before signing the contract, the following documents must be drawn up and reviewed by the parties:

act of inventory,

Balance sheet,

The conclusion of an independent auditor on the composition and value of the enterprise,

A list of all debts included in its composition, indicating creditors, the nature, amount and timing of their claims.

The contract is subject to state registration immediately after the transfer and is considered concluded from its moment.

Structure of the enterprise consists of tangible and intangible elements. The composition and value of the enterprise are determined in the contract on the basis of a complete inventory of the enterprise, carried out by the seller in accordance with the Guidelines for the inventory of property and financial obligations, approved by the Order of the Ministry of Finance.

The property, rights and obligations specified in the documents are subject to transfer by the seller to the buyer, unless otherwise established by agreement of the parties.

Contract term sale is not specifically regulated by law and is established by agreement of the parties.

Responsibilities of the seller : to transfer the goods to the buyer in a certain quantity, set, of the established quality and free from the rights of 3 persons, transfer of the enterprise to the buyer according to the deed of transfer, state registration of the transfer of ownership.

Buyer Responsibilities : payment of the received enterprise; taking actions necessary for the seller to be considered to have fulfilled his obligation to transfer the enterprise (cannot unreasonably refuse to sign the transfer deed and state registration of ownership).

To protect the rights of creditors, a procedure is provided: creditors for obligations included in the sold enterprise must be before its transfer to the buyer notified in writing of its sale by one of the parties to the enterprise sale agreement.

The notification must be individualized, i.e. it is unacceptable to use a publication in the media as a notification. the parties under the contract for the sale of the enterprise must take care of the availability of adequate evidence of the fulfillment of their obligation (notice of notification).

A creditor who has not informed the seller or buyer in writing of his consent to the transfer of the debt has the right, within 3 months from the date of receipt of the notice of the sale of the enterprise, demand:

1) termination or early performance of the obligation and compensation by the seller for the losses caused by this;

2) recognition of the contract of sale as invalid in full or in the relevant part.

A creditor who has not been notified of the sale of the enterprise may present claim for satisfaction within 1 year from the day when he knew or should have known about the transfer of the enterprise by the seller to the buyer.

After the transfer of the enterprise to the buyer, the seller and the buyer bear joint and several liability on debts included in the transferred enterprise, which were transferred to the buyer without the consent of the creditor.

TRANSFER OF THE ENTERPRISE

The transfer of the enterprise by the seller to the buyer is carried out according to the deed of transfer, which indicates:

Data on the composition of the enterprise and on notification of creditors about the sale,

Information about the identified shortcomings of the transferred property

A list of property, the obligation to transfer which is not fulfilled by the seller due to its loss.

Preparation of the enterprise for the transfer, including the preparation and submission for signing of the deed of transfer, is seller's responsibility and carried out at his expense, unless otherwise provided by the contract.