The main and preliminary contracts for the purchase and sale of an apartment in a mortgage. Mortgage sale and purchase agreement
Some citizens do not pay due attention to the preparation of a preliminary contract for the sale of an apartment on a Sberbank mortgage. Such carelessness can be costly. mortgage borrower. He can be left without an apartment and without money. The agreement on the transfer of the deposit must be drawn up in accordance with the norms of the current legislation.
Mortgages from Sberbank are one of the most popular financial products on the Russian credit market. There are the following stages of a mortgage transaction:
- Rate financial opportunities your household budget and select a lending bank;
- Select loan program and find out the main parameters of a mortgage loan (amount, term, full cost);
- Submit an application for a loan (the application is accompanied by a set of documents listed on the corporate portal of Sberbank);
- Receive a notification of the grant of a mortgage (issued at the office credit institution);
- Find a collateral object (housing must meet the requirements of bankers);
- Get documents for the purchased apartment (issued by Sberbank);
- Conclude a preliminary contract for the sale of an apartment with a Sberbank mortgage with a housing seller;
- Evaluate mortgaged housing (a list of accredited appraisal companies can be found on the Internet);
- Prepare the main contract for the sale of housing and a package of papers for Rosreestr (papers are handed over against receipt);
- Give the received receipt to the credit manager;
- Take the papers from Rosreestr (the mortgage is marked in the main agreement).
- Get a certificate from the USRR;
- insure collateral real estate, as well as their own life and health;
- Get credit funds and settle with the real estate seller;
- Pay off the mortgage loan and remove the encumbrance from the apartment.
If a Sberbank client plans, then he should use it. This digital marketplace has a list of accredited developers and major real estate agencies. Also there you can find an extensive database of multi-storey buildings under construction.
The loan agreement contains the following information:
- date of conclusion;
- Details of counterparties;
- The locality where the contract of sale was signed;
- Detailed description mortgage apartment (effective area, address, number of rooms, cadastral code, etc.) and title documents;
- The market price of the building object (in this paragraph, it is necessary to emphasize that the cost of the apartment is fixed);
- Terms of payment and transfer Money;
- Terms of transfer of the apartment;
- The number of persons registered in the apartment (this paragraph indicates the time for which the owner of the housing undertakes to write out foreign citizens);
- The party to the transaction that will pay the state duty for registration of housing;
- The term of the conclusion of the main contract.
If the interests of the parties are represented by third parties, then the details of the relevant powers of attorney are indicated in the preliminary contract for the sale of an apartment on a Sberbank mortgage. A note is made on the paper that the living space is not burdened with encumbrances (arrest, rent, rent, etc.). The agreement on the purchase and sale of residential space is drawn up in 2 copies, having the same legal force.
All claims are resolved during the negotiation process. If the parties fail to overcome the differences, they have the right to go to court. The name of the contract of sale must indicate that the apartment is purchased at the expense of borrowed money. If one of the parties to the transaction is not a resident of the Russian Federation, then the papers must contain a mark of citizenship.
Check the counterparty's passport through the FMS service (the corresponding site can be easily found on the global network). Make sure the person hasn't changed their last name. If there have been changes, then you need to ask the citizen for papers on the basis of which the surname was changed. Incorrect writing of personal data will lead to the fact that the preliminary contract for the sale of an apartment on a Sberbank mortgage is invalidated.
Be sure to discuss with the seller the procedure for leaving the apartment of its former owners. Also, the paper should emphasize that the owner of the premises will not change the technical condition of the building until the signing of the main contract of sale. Otherwise, he can unscrew light bulbs, as well as remove switches, sockets and dismantle plumbing.
In the practice of real estate agencies, there were situations when a real estate seller rented interior doors and window blocks. If you plan to purchase housing along with the master's furniture and household appliances, then it is better to make an inventory of the property. This document should list the items that should go to the new owner of the premises.
Expert opinion
Sergei Bogdanov
Work experience in the mortgage department of Sberbank 12 years.
Ask an expertIf the seller of housing is legally married, then the buyer needs to require the written consent of the spouse for the sale of real estate. It is also necessary to request a certificate of the absence of debts for utility bills.
Appendix to the preliminary contract of sale
Lawyers and realtors are advised to draw up a separate deposit agreement for the parties to the transaction. This paper contains the following items:
- Details of the parties (they can be copied from the preliminary agreement);
- Description of the pledge;
- The amount of the deposit. In this paragraph, you need to write that the transferred amount is included in the price of the premises and does not increase its value;
- Actions of the parties upon cancellation of the transaction;
- Date of return of the deposit and the amount of the penalty for late transfer of money.
The deposit agreement is certified by the counterparties' signatures. The transfer of funds is certified by a promissory note, which is drawn up in accordance with the articles of the Civil Code of the Russian Federation (Articles 807-810) and other regulations.
A document confirming the transfer of money received from the sale of an apartment
A sample IOU can be easily downloaded from the Internet. This document includes the following items:
- Full name of the borrower and lender;
- Addresses of residence of the seller and the buyer;
- The period for which funds are provided;
- Passport data of counterparties;
- The amount transferred by the lender;
- The date the document was drawn up;
- Signatures of the parties (with transcript).
The receipt is drawn up in a simple writing and can be certified by a notary (this action is not mandatory under current law). The process of transferring funds can take place in the presence of witnesses (they are required to leave their signatures and personal data in the debt document).
If the borrower receives funds in dollars or euros, then the current exchange rate is indicated in the receipt foreign exchange. The recipient of the deposit, who has violated the term for the transfer of funds, is obliged to pay a penalty (it is determined by the knowledge key rate set by the Bank of Russia). A receipt can be provided to an employee of the Federal Tax Service in order to receive a tax deduction.
Preliminary agreement
Sberbank offers its clients a number of credit projects, including mortgage ones. Under the terms of these programs, loans are issued under concrete house, plot or apartment. Since there are often disruptions in real estate transactions, you should protect yourself by concluding a preliminary contract for the sale of an apartment on a mortgage from Sberbank.
Why do I need a preliminary contract for the purchase of real estate?
Applying for a mortgage secondary housing is not an immediate matter, and while the buyer collects the necessary documentation and fills out an application, the seller, in turn, may change his mind, find another client or increase the cost of housing. An agreement not backed by seals is worth nothing. In order not to find yourself in such a situation, it is recommended to come to a mutual agreement by concluding a preliminary agreement.The agreement is beneficial to both parties. The buyer is guaranteed the transfer of this property into his possession, and the seller is paid the agreed amount in deadlines. It is impossible to waive legally binding agreements. Such a preliminary agreement is not a whim of the bank, but a necessity.
When purchasing real estate, buyers often pay sellers a certain deposit. But this does not guarantee that the deal will not fail. There is no prepayment condition in the preliminary contract, which means that the buyer acts independently. If a deposit is given, both a receipt and a note about this in the contract are required. But, at the same time, if the client who buys an apartment has not fulfilled the requirements of the contract, it is canceled, and the deposit remains with the seller.
Important points of this agreement
Preliminary agreement buying and selling an apartment on a mortgage from Sberbank includes the following points:- personal information: full name, passport details of both parties, etc.;
- information about the property: address, footage, date of construction, etc.;
- a list of documents confirming that the object is in the possession of the seller;
- date of full settlement with the buyer;
- the date on which the contract will be signed and enter into force.
The preliminary contract should be formalized legally, following the norms of the law, and it must be signed by both parties. The obligations specified in the contract are fulfilled by all participants in the transaction: both the buyer and the seller. The client applying for a mortgage will be guaranteed to receive this particular object after the transaction.
How to choose a mortgage?
Only by concluding a preliminary contract for the sale of real estate in a mortgage from Sberbank, you can start collecting documents and applying for a loan.
The project is selected based on the characteristics and conditions of the buyer. Sberbank offers its projects for various types of real estate. It all depends on what is being purchased: an apartment in a new building, a plot, secondary housing, private house.
If we take the average conditions for all mortgage programs of Sberbank of the Russian Federation, then they look something like this:
- loan amount from 300 thousand rubles;
- the maximum repayment period for a mortgage loan is up to 30 years;
- you can pay off the mortgage ahead of schedule, but this happens by agreement with the bank and requires a preliminary application;
- the amount of the first installment from 15%.
The interest rate depends on the characteristics of the borrower, his level of income and parameters mortgage program. Better conditions provided to those customers who are already cooperating with the bank, for example, receiving a salary. If we talk about the amount of a mortgage loan, then it is equal to 80-85% of the value of the acquired property.
What documents are needed to apply for a mortgage?
Before applying, you need to collect documents. The starter package includes:- the passport;
- or other identification document. It could be passport, military ID or driver's license, pensioner's certificate etc.;
- labor contract, any references from the place of work;
- personal income tax form-2 or other certificate of income of an individual;
- documents confirming the income of close relatives;
- documents of the obligatory co-borrower (husband or wife);
- documents for benefits and discounts that are provided to large or young families.
How to draw up a preliminary contract?
Sberbank can help you draw up a preliminary contract correctly. Be sure to visit it before applying. The manager will tell you what information you need to collect. The bank needs to know:- how much the selected property is valued. It should be an expert analysis on paper;
- who is registered and has the right to a part of the object;
- a document confirming that the housing is not collateral.
To conclude a preliminary contract for the sale of real estate with a mortgage from Sberbank, you should visit a notary or a lawyer and fill out the appropriate form. An agreement signed by both parties is not the only way to guarantee a deal. You can insure yourself in other ways. You can rent a cell to store documents for real estate or transfer them to a notary. Both participants in the transaction have access to the contents of the cell. This ensures that neither party violates the preliminary agreement.
A sample of a preliminary contract for the sale of real estate for a mortgage in Sberbank
(downloads: 10289)View online file:
When choosing a property that is already secured (a mortgage loan was taken against it), you should give the seller the amount of the debt, which will act as an advance payment. And this is indicated in the preliminary contract. But it will not be possible to transfer the money until the bank considers the application and makes its decision.
Both the seller and the buyer must specify two dates in the preliminary contract. First party: when the advance payment will be paid. The second side: the date of repayment of the debt to the bank. How to fill in additional columns correctly, the manager of Sberbank will tell you. A competent contract, drawn up by a professional lawyer and agreed with Sberbank, guarantees a deal “without surprises”.
Do not worry if the property owner does not repay the debt to the credit institution in a timely manner. The bank will go to court.
Final agreement on the purchase and sale of an apartment / house on the basis of a preliminary contract
Having approved a mortgage loan, the bank gives two months to repay down payment and signing of the final contract.This contract will take into account everything that the parties agreed on in the preliminary agreement. There are a few more points (they can be requested from a bank employee), which will also be included in the contract. At the time of signing mortgage agreement You must provide the bank with the following documents:
- extract from the USRR on the change of ownership of the property;
- consent of the relative of the seller;
- waiver of the right to a part of real estate from all persons;
- paper from an expert market value housing.
Applying for permission to issue mortgage loan to Sberbank, the client needs to be sure that the transaction for the housing of his choice will not fail. To do this, it is recommended to conclude a preliminary contract for the sale of an apartment, in Sberbank a mortgage will be issued in relation to its main points.
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Having picked up housing and having discussed all the nuances of a future deal with the seller, you need to understand that any oral agreements have no force. There is no certainty that the apartment will not be sold earlier or that the requirements for paying for it will not change. Lawyers offer the best option - the conclusion of a pre-contract.
It acts as a kind of guarantee that specified period one party will pay the required amount of money, and the other will transfer its ownership. With a mortgage, this contract is recommended to be concluded in order to avoid problems. After all, after receiving a response from the bank, the client has limited time for the provision of papers for purchased housing. If the chosen option "fails", it will be necessary to urgently resume the search, which may lead to the failure of the loan transaction.
Often the buyer believes that having paid the deposit, he can be sure of buying an apartment. But this action is performed at your own risk, since the pre-contract does not include such a clause. If the deposit is paid, you should get a receipt and note this in the contract. If the seller fails to fulfill his obligations and the transaction cannot be completed, he is obliged to return the specified amount. But, if the buyer could not fulfill his obligations and the agreement has become invalid, he does not receive the money back.
The main points of the preliminary contract for the sale of an apartment with a mortgage of Sberbank
The document includes the following main points:
- Personal and passport data of the participants in the transaction.
- Characteristics and description of the apartment: location, area, date of construction.
- Evidence or grounds that the seller has the right to dispose of this housing.
- A specific day for the buyer to transfer the full amount for the apartment.
- Date for signing the final version of the contract for the purchase of real estate.
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The agreement should be concluded in accordance with the norms of the law and signed. Both parties are responsible for these obligations. It acts as the basis for the final agreement and acts as a guarantee that the citizen will receive exactly the apartment he has chosen.
Selection of mortgage parameters
It is worth proceeding to submitting an application after a preliminary contract of sale has been drawn up. Sberbank mortgage 2018 It is offered under different programs according to the conditions of the client. They differ in the size of the loan and rates, as well as the type of housing: a new building, an apartment from hand, a private house or a construction loan.
On average, loan terms are as follows:
- Size: from 300 thousand rubles.
- The maximum period for fulfilling credit obligations: up to 30 years.
- Possibility to repay the debt on the loan ahead of schedule (if the relevant application is submitted in advance).
- First payment: 15%.
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The rate is set individually, according to the parameters of the loan and the characteristics of the client's income: from 12.5%. You can get a lower score payroll clients and persons able to secure their loan as collateral. The amount of the mortgage cannot exceed the cost of the chosen housing minus 15%. The most profitable option mortgage lending the bank provided families with many children - 6% per annum. But this program designed only for the purchase of housing in the primary market, from developers.
Mortgage documents
To apply to the bank, you should prepare the primary package of documents:
- The passport .
- Other identity document: foreign biometric or ordinary passport, driving license, military ID, pension etc.
- Employment record or certificate of length of service of the required size.
- Certificate of personal income tax-2 or another indicating the amount of income.
- Other papers showing additional family income.
- Documents of the spouse (s), who acts as a co-borrower in without fail.
- Additional documents for obtaining preferential lending conditions: certificate of maternity capital, certificate large family, paper about receiving a state subsidy, etc.
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Features of registration of a preliminary agreement in Sberbank
In order to avoid difficulties, it is worth contacting the department before signing the agreement and clarifying with the manager the correctness of its preparation. Usually, the bank needs the following information about real estate:
- Assessed value. It is necessary to enlist an expert report in order to have up-to-date data on hand.
- Information about all persons entitled to a part of the housing, incl. written in it.
- Paper that the apartment does not act as collateral for any credit obligations.
After checking the main points that allow you to get a guarantee of the "purity" of the transaction, banking institution coordinates the accommodation chosen by the client.
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Having concluded a preliminary contract of sale for a mortgage at Sberbank (a sample can be requested from a lawyer or notary), it is worth protecting yourself in additional ways. In particular, you can transfer documents for housing to a notary for storage or put them in safekeeping safe deposit box. In this case, access will be provided only to both parties at the same time, if you register a cell "for real estate transactions." Realtors often use this service for large transactions in order to protect themselves and give additional guarantees to customers.
Sample preliminary contract of sale for a mortgage in Sberbank
Separately, it is worth considering the situation of buying a home, which is considered "burdened". This means that it is pledged or a mortgage has already been issued on it. In this case, the client is obliged to transfer to the seller the amount of his debt as an advance payment, which is indicated in the pre-contract. Usually, he will be able to perform such an action only after receiving a positive response from a credit institution to apply for a mortgage.
Additional clauses are indicated in the preliminary contract: the date of transfer of the advance payment and the date of payment of the seller's obligations for the apartment to his financial institution. These points should be agreed with Sberbank. It is important to conclude a pre-contract correctly, with the support of lawyers, in order to protect yourself from various nuances.
If the seller does not pay the debts in a timely manner, you should not worry. From it you can judicial order recover this amount.
Signing a contract on the basis of a preliminary
The client has about 60 days to conclude the final agreement and pay the first installment of the loan.
The final contract is drawn up taking into account the nuances of the pre-contract. It also includes mandatory items at the request of Sberbank. They should be obtained from your manager. In addition to this document, you will need to transfer other papers for the purchased housing to the bank:
- Extract from the state register for a change of ownership.
- Approval from the relatives of the seller (wife) for the transaction.
- Refusals of persons who had a share in real estate.
- An expert report certifying the value of the apartment.
Along with the papers, the client must confirm the availability of the first installment. If he paid an advance (deposit) to the seller, copies should be presented: a receipt, a pre-contract including this clause, receipt document etc. In other cases, it is enough to have the specified amount on the current account and present an extract from it.
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After the parties have signed a preliminary purchase and sale agreement, a mortgage is issued at Sberbank. The final step is the signing of the mortgage agreement.
Most Russians who decide to apply for a mortgage opt for Sberbank. This bank is one of the largest financial institutions Russian Federation. The organization has earned its good reputation thanks to a number of special lending programs and maximum favorable conditions issuance of loans. In this article, you should consider the contract for the sale of an apartment using a Sberbank mortgage, deal with the features and nuances of such a transaction.
Deal Features
First you need to understand exactly how a transaction for the sale of housing through a mortgage loan takes place in Sberbank.
In this financial organization potential borrower has the opportunity to issue a loan for any property - both in the primary and in the secondary market.
If the client wants to purchase a primary living space, then the procedure will not require much time.
A contract for the sale of an apartment through a mortgage is signed. The candidate transfers the initial payment to the developer's account, and the lender transfers the missing (borrowed) funds.
With the acquisition of housing in the secondary market, things are somewhat more complicated, so it is worth considering in more detail the procedure for buying secondary real estate.
The action plan is the following:
- First you need to apply to the bank for a loan for an apartment. In addition to the application, it is mandatory to collect and provide the organization with a package of required documents. This step should be given special attention, since it depends on it what the bank's decision will be - positive or negative;
- Further, a potential borrower should wait for a response from Sberbank. This institution reviews mortgage applications within 2-5 business days;
- If a positive response is received, the client must select an apartment for which he wants to apply for a mortgage loan;
- When the object is selected, the potential borrower is obliged to provide information about the property to the lender so that he independent evaluation apartments. Often this procedure does not cause problems, since Sberbank does not make excessive demands on living space;
- Next, the initial contract of sale is signed. This is a mandatory requirement of Sberbank;
- After the conclusion of the preliminary agreement, the borrower is required to provide the lender with real estate papers;
- A mortgage agreement is being concluded. During the procedure, the main issues that relate to the conditions of lending are resolved (the amounts of contributions are determined, overall size loan, time of payment, interest rate, duration of lending, etc.);
- After that, a contract for the sale of an apartment using a mortgage is drawn up directly;
- Next, the client should formalize the ownership of the acquired housing.
As a result, the borrower becomes the owner of secondary real estate, which is presented to the bank as collateral for the duration of the loan.
Why you need an initial contract
Having chosen the most suitable property option, and having discussed all the details of the upcoming transaction with the seller, it is necessary to understand that no matter how attractive a verbal agreement is, it is not legally binding. There is no certainty that the home will not be sold earlier, in addition, the seller can change the conditions regarding the payment of the apartment. To protect your rights and avoid unforeseen difficulties, you should conclude a preliminary contract of sale.
Such a contract is a guarantee that at a certain time the buyer will make the required funds, and the seller will freely transfer ownership of the property.
A preliminary contract for the sale of an apartment in Sberbank, when a mortgage is taken, can prevent a deal from falling apart. The fact is that after receiving a positive decision from the bank, the borrower has a limited period for presenting documents for the acquired housing. If the candidate's preferred apartment is sold, the search for a home will have to start all over again. If the client delays with the choice, the bank may terminate the transaction. This will not happen if there is a contract.
The contract is officially concluded, both parties sign. The seller and the buyer undertake to fulfill all the conditions, since after the conclusion of the contract they bear legal responsibility.
The contract becomes the basis of the main contract of sale.
Conclusion of a sales contract
As mentioned earlier, after the initial contract has been concluded and transferred to the bank, as well as after signing directly loan agreement, the last step remains, namely, the execution of a contract of sale.
According to the terms of Sberbank, this stage is necessary. To prepare for the transaction, you can download the contract for the sale of an apartment on a mortgage in advance and study it.
In order to conclude this contract and pay the down payment, the borrower is given 60 days.
The final contract is drawn up on the basis of the preliminary contract. In addition to the previously included clauses, at the request of the financial institution, additional mandatory clauses may be added to the contract. You can learn about them from a bank employee.
In addition to the contract credit institution You will need to provide other documents on the acquired property:
- Help from Federal Service state registration, cadastre and cartography on the change of ownership;
- Notarized consent to the sale from the spouse of the seller;
- Certified renunciations of the property of citizens who owned parts of real estate;
- An expert appraisal of the apartment confirming its value.
The bank must make sure that the client has the funds to pay the down payment, therefore, along with the documents presented, the borrower will need to get one more paper.
If the borrower has already made an advance, then he should provide the lender with one of the following documents:
- A copy of the receipt;
- A copy of the preliminary contract, including this note;
- A copy of the receipt document.
If the client has not made a deposit, then it is enough for him to present an extract from the bank account, on which there is a sufficient amount to make the first payment.
In conclusion, it is worth recalling that if the borrower has to draw up a contract for the sale of an apartment using a Sberbank mortgage, a sample contract can be found both on the Internet and at a bank branch.
Samples for download
Video contract for the sale of an apartment (real estate):
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