What is a real estate sale agreement? Real estate sale agreement: concept, general characteristics, elements (subjects, subject, form, state registration, price, term)
In accordance with Art. 549 GK under a contract for the sale of real estate(contract for the sale of real estate), the seller undertakes to transfer the ownership of the land plot, building, structure, apartment or other real estate to the buyer, and the buyer undertakes to accept this property and pay for it the price determined by the parties (clause 1 of article 454, clause 1 of article 549 GK).
By legal nature, a real estate sale agreement is consensual, paid and bilateral:
The subject of this agreement can only be the sale of real estate that has a sign of negotiability (Article 129 of the Civil Code).
The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties. Failure to comply with this form entails the invalidity of the contract for the sale of real estate (Article 550 of the Civil Code). The contract for the sale of real estate is considered concluded from the moment the parties sign a single document, which sets out all its essential conditions.
The transfer of ownership of real estate from the seller to the buyer is subject to state registration.
If one of the parties evades state registration of the transfer of ownership of real estate, the court may, at the request of the other party, make a decision on such registration. The party that unreasonably evades this registration must compensate the other party for the losses caused by its delay (paragraph 3 of article 551 of the Civil Code).
An essential condition of the contract for the sale of real estate is the condition of the subject of sale. According to Art. 554 of the Civil Code, the contract for the sale of real estate must contain data that makes it possible to definitely establish the real estate to be transferred to the buyer under the contract, including data that determines the location of the property on the relevant land plot or as part of other real estate. In the absence of these data in the contract, the condition on the real estate to be transferred is considered not agreed by the parties, and the contract is not concluded.
When selling buildings, structures, residential and non-residential premises, documents containing the necessary information about these objects must be attached to the contract. The contract for the sale of real estate must provide for the price of this property. In the absence of a condition agreed by the parties on the price of real estate in the contract, the contract for its sale is recognized as not concluded.
Under a contract for the sale of a building, structure or other real estate, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to the land plot occupied by such real estate and necessary for its use (Article 552 of the Civil Code).
The execution of the contract for the sale of real estate should be carried out by transferring the real estate by the seller and accepting it by the buyer according to the deed of transfer signed by the parties, or another document on the transfer.
Some special rules are set for the sale of residential properties.
So, an essential condition of the contract for the sale of a residential building, apartment, part of a residential building or an apartment in which persons live who, in accordance with the law, retain the right to use this residential premises after its acquisition, is a list of these persons indicating their rights to use the residential premises being sold ( paragraph 1 of article 558 of the Civil Code). If the specified condition is not included in the contract, the buyer in accordance with par. 2 p. 1 art. 460 of the Civil Code has the right to demand a reduction in the purchase price or termination of the contract for the sale of residential premises. Unlike contracts for the sale of other real estate, a contract for the sale of residential premises is subject to state registration and is considered concluded from the moment of such registration (clause 2 of article 558 of the Civil Code).
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 of 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. Thus, the features of the sale of residential buildings in rural areas are established by the Decree of the President of the Republic of Belarus dated August 11, 2005 No. 368 “On Some 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 entities and 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 be expressed not in the total amount, but per unit area of real estate 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 those 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 even 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 ownership of the buyer, 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. So, 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.
4. Transfer real estate that meets the terms of the quality agreement.
The Civil Code establishes a special rule in relation to a contract for the sale of real estate in relation to the consequences of transferring real estate of inadequate quality.
According to Art. 557 of the Civil Code of the Russian Federation, in the event that the seller transfers to the buyer real estate that does not comply with the terms of the contract for the sale of real estate on its quality, the buyer is vested with all the powers of the buyer who received the goods with defects under the contract of sale (Article 475 of the Civil Code of the Russian Federation), with the exception of the right to demand a replacement from the seller goods of inadequate quality for goods corresponding to the contract.
Thus, the buyer has the right to choose:
- demand a commensurate reduction in the purchase price;
- demand the free elimination of defects in the goods within a reasonable time;
- demand reimbursement of their expenses for the elimination of defects in the goods;
- demand the application of a measure of responsibility (compensation for damages).
In the event of a material violation of the quality requirements, the buyer has the right to choose:
- refuse to fulfill the contract (i.e. return the property) and demand the return of the amount of money paid for the goods;
- demand the application of liability measures (compensation for losses caused by the termination of the contract).
Obligations of the buyer under the contract of sale of real estate.
The buyer under the contract of sale of real estate is obliged:
1. Contact the registration authority.
The buyer must apply to the registering authority with an application for state registration of the transfer of rights or the transfer of rights and the contract.
If the buyer evades state registration of the right (transaction), the seller has the right to:
- if a transaction requiring state registration has been made in the proper form, demand that a decision be made in court on the registration of the transaction (clause 3, article 165 of the Civil Code of the Russian Federation). In this case, the transaction is registered in accordance with the decision of the court;
- if only the transfer of ownership is subject to registration - to demand in court a decision on state registration of the transfer of ownership (clause 3 of article 551 of the Civil Code of the Russian Federation);
- demand the application of a measure of responsibility (compensation for losses caused by a delay in registration).
2. Accept real estate.
As already noted, the transfer and acceptance of real estate are carried out according to the transfer act signed by the parties or another document on the transfer.
The legislator considers the buyer's evasion from signing the document on the transfer of real estate on the terms stipulated by the contract as a refusal to fulfill the obligation to accept the property.
If the buyer fails to fulfill the obligation to accept real estate, the seller has the right to choose (clause 3 of article 484 of the Civil Code of the Russian Federation):
- require the buyer to accept the goods;
- withdraw from the contract;
- demand the application of measures of responsibility (compensation for losses; collection of a penalty in cases established by law or contract).
3. Pay for the property.
According to Art. 486 of the Civil Code of the Russian Federation, the buyer is obliged to pay for the goods immediately before or after the seller transfers the goods to him, unless otherwise provided by legal acts or the contract of sale and does not follow from the nature of the obligation.
If the buyer fails to pay the property in a timely manner (i.e., defaults in payment) or refuses to pay for the property, the seller has the right to make the same claims as under the general provisions of the contract of sale (see chapter 1).
4. Notify the seller about the violation of the terms of the quality agreement.
The notification must be made within the period provided for by law, other legal acts or the contract, and if such a period is not established, within a reasonable time after the violation of the relevant term of the contract should have been discovered based on the nature and purpose of the real estate (Article 483 of the Civil Code of the Russian Federation ).
If the buyer fails to notify the seller of the breach of contract and the seller proves that:
1) the failure to notify resulted in the impossibility of satisfying his claims or entails disproportionate costs for the seller compared to those that he would have incurred if he had been notified of the breach of contract in a timely manner;
2) he did not know or should not have known that the goods transferred to the buyer do not comply with the terms of the contract of sale, then the seller has the right to refuse, in whole or in part, to satisfy the buyer's quality requirements.
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.
V 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 by the parties includes the price of the corresponding part of the land plot transferred with this real estate or the right to it (paragraph 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 responsibility 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 agreement are the seller - an individual or legal entity that has the right of ownership of the property complex in question, and the buyer - as a rule, an individual entrepreneur or legal entity that may own a property complex of a specific 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 agreement.
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 (farm) enterprises 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 the power supply agreement, the power supply 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.
As stipulated by a civil law contract for the sale of real estate, the seller undertakes to transfer the ownership of the land plot, building, apartment, structure or other real estate to the buyer. Purchase and sale is the most common real estate transaction. General provisions regarding the sale of real estate are regulated by § 7 of Chapter 30 of the Civil Code of the Russian Federation.
The concept of a contractAccording to the contract for the sale of real estate, the seller transfers the real estate to the buyer in personal ownership, and the buyer accepts the said property under the act of transfer and pays for it the amount of money established by the parties. The very definition of a contract for the sale of real estate differs from the general definition of a contract of sale only by the subject of the contract and the method of transferring real estate from the owner to the buyer. In the current Civil Code of the Russian Federation, the contract for the sale of real estate is for the first time singled out as an independent one due to the significant value of the subject of the contract. The contract for the sale of real estate is characterized as mutual, compensated and consensual. Subject and form of the contractThe subject of the contract may be a land plot, building, apartment or structure, as well as other real estate. The contract must contain data that allows you to specifically identify the property to be transferred under the contract to the buyer. There must also be data that can determine the location of real estate on a specific land plot or as part of other real estate. This means that if the subject of the contract is a building, premises or structure, the contract must indicate its location, address, area, purpose, year of construction, etc. which is subject to transfer, will be considered not agreed by the parties, and the contract itself is not concluded. The contract for the sale of real estate must be in writing. One document is drawn up, which is signed by the parties. If the form of the contract for the sale of real estate is not observed, this entails its invalidity. It is important to remember that the current legislation does not provide for mandatory notarization of the contract for the sale of real estate, although the parties may do so at their discretion. However, the transfer to the buyer of ownership of the said property must undergo state registration. Contract priceIn addition to the subject, an essential condition of the contract is the price. The price of buildings, structures or other immovable property located on a land plot includes the value of a certain part of the land plot transferred with this immovable property or the right to it. If the contract does not contain the price of real estate, it is considered not concluded. Since in most cases real estate is inextricably linked with a land plot, when transferring ownership of an immovable object, it is necessary to resolve the issue of the right to a land plot. In the same way, if the owner of a land plot changes, the question immediately arises of the right to real estate objects located on it. In cases where the price of real estate in the contract was set per unit of its area or another parameter of its size, the total price of such real estate, which is payable, is determined in accordance with the actual size of the property transferred to the buyer. State registration of transfer of ownershipState registration is a legal act that confirms the recognition by the state of the emergence, restriction, transfer or termination of the right to real estate. The use of this procedure is the only evidence of the existence of a registered right, which can only be challenged in court. The registration procedure is established by the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”. Ownership of real estate can be transferred to the buyer from the moment of state registration. If it has been executed up to this point (the documents were transferred, as well as eviction and settlement), the transfer of ownership, the burden of maintenance and the risk of accidental loss of property to the buyer did not occur. However, if one of the parties evades the state registration of the transfer of ownership of real estate, at the request of the other party, the court has the right to make a decision on the state registration of the transfer of ownership. It should be remembered that it is not the sales contract itself, the subject of which is real estate, that is subject to registration, but the transfer of rights to it. It is important to remember that the legislator made an exception and established some features of the sale of residential premises: a contract for the sale of a residential building or apartment, part of a residential building or apartment is subject to mandatory state registration and can be considered concluded only from the moment of such registration (paragraph 2 of Article 558 of the Civil Code of the Russian Federation). This means that when selling residential premises, not only the transfer of ownership, but also the corresponding contract are subject to state registration. Real estate sale agreement: subjects of the agreementThe subjects of this agreement are the seller and the buyer of a particular property. They can be citizens who sell and buy their dachas, land plots, apartments and other real estate, as well as legal entities that purchase real estate to accommodate offices, enterprises, etc. In some cases, enter into real estate sale agreements as a seller , and as a buyer, other subjects of civil rights (municipalities, the Russian Federation, subjects of the Russian Federation) can also. In most cases, the seller of real estate is its owners. As an exception, sellers may be subjects of the right of operational management and economic management - municipal and state enterprises, institutions and state-owned enterprises. Municipal or state enterprises cannot alienate immovable property without the permission of the owner. Institutions may alienate only that immovable property that was acquired by them for income from activities permitted by their charters and is accounted for on a separate balance sheet. Main elements of the treaty
Sample contract for the sale of real estateDownload sample contracts Implementation of the contractUnder a contract for the sale of real estate (buildings, structures), the buyer, simultaneously with obtaining ownership of this property, acquires the rights to a part of the land plot that is occupied by the property and is necessary for its use. In cases where the seller is also the owner of the land where the sold property is located, the buyer receives ownership or leasehold rights to the specified part of the land. If the contract does not determine the transfer of the right to the land plot to the buyer of real estate, then the buyer receives the right of ownership only to that part of it that is occupied by the property and is needed for its use. The sale of real estate, which is located on land that does not belong to the seller on the right of ownership, can be carried out without the consent of the owner of the site, if this does not contradict the terms of use of such a site. In this case, the buyer of real estate receives the right to use this part of the site on the same terms as the seller. The transfer by the seller of the sold property and its acceptance by the buyer are carried out according to the deed of transfer or other transfer document, which must be signed by the parties. The seller's obligation to transfer real estate to the buyer will be considered fulfilled only after the property has been handed over to the buyer and the relevant document has been signed. The refusal of one of the parties to sign a document on the transfer of real estate on the terms provided for in the contract for the sale of real estate will be considered a evasion of the seller from the obligation to transfer the property, and the buyer - from the obligation to accept it. Acceptance by the buyer of real estate that does not meet the conditions stipulated by the contract for the sale of real estate, even when such a discrepancy is stipulated in the deed of transfer, does not serve as a basis for releasing the seller from liability for poor performance of the contract. |