Apartment sale and purchase agreement 2021, form for individuals

2024 Author: James Gerald | [email protected]. Last modified: 2023-12-17 14:00

The procedure for buying and selling an apartment must be documented. Therefore, it is required to download the form of the contract for the sale of an apartment for individuals. In 2021, the MFC may register the procedure.

What is it: a sales contract

The contract establishes in writing the obligations between the 2 parties to the transaction - the seller and the buyer. Therefore, the document includes rights and obligations in relation to each other. According to paragraph 1 of Art. 454 of the Civil Code of the Russian Federation, legal consequences of signing the agreement:

• the rights to the apartment - to the buyer;
• money to the seller.

It is important that all conditions are specified in the sales contract. From the date of its signing, the parties have obligations to fulfill them. Under the contract, the registration of the transfer of property to the new owner is carried out.

If now the parties do not have the opportunity to conclude an agreement, they consolidate personal agreements with the help of a preliminary document. All the conditions are indicated there, which are then reflected in the main contract, the date when the transaction will take place is prescribed.

Preparation of contract

The document is drawn up in ordinary writing or notarial. The law specifies the cases when a second procedure is required. This happens when selling:

• on the basis of an annuity agreement, which prescribes maintenance with dependents;
• if a minor is considered one of the owners;
• share.

In other cases, a regular written contract is drawn up. The main thing is to comply with all the requirements for this document. If desired, the agreement can be notarized.

Since 2019, the notary who registered the transaction himself submits documents on the transfer of ownership to Rosreestr. An electronic document is sent, which is certified by the electronic signature of a notary. The service is considered free.

Correct design

It is important to correctly draw up a contract for the purchase and sale of an apartment. In 2021, the form for individuals can be taken both at the MFC and downloaded on our website. For its registration, you will need a passport and an extract of the USRN.

The document must necessarily include the following points:

1. Date and place of compilation.
2. Information about the parties: full name, passport data and registration.
3. Terms of an agreement. The subject, price is indicated. It is necessary to designate persons who can use the property being sold, if any.
4. Other conditions. These may be restrictions, the release of housing.
5. Rights and obligations of the parties. It is important that they do not contradict the law. It must be indicated that the seller must transfer the housing, and the buyer must receive and pay for it.
6. If the seller is not involved in the transaction, but his representative, then he must act on the basis of a power of attorney certified by a notary. Then the agreement specifies the data of the participant in the transaction. Signatures are considered required.

It is important that the document is legalized. Otherwise, the court may invalidate the transaction. For example, the sale and purchase procedure is canceled if one of the parties is declared legally incompetent.

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Points of particular importance

The agreement should include other points:

• information that housing is not pledged and there are no other restrictions;
• clause on the acceptance and transfer of the object, if an additional act has not been drawn up;
• connecting housing to a telephone line;
• a guarantee of no debt for utilities.

Specifying particularly important nuances avoids many difficulties in the future. Potential disputes are also resolved on the basis of this document.

The drawn up contract is valid until the absolute fulfillment of obligations between the seller and the buyer. It turns out that the buyer should receive his property, and the seller - the money. This completes the procedure.

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registration

Before the sale and purchase transaction, you should decide whether you need to do this with a notary. If not required, the usual contract form is used.

The drafting of the agreement is carried out by mutual agreement of the parties specified in paragraphs. In order for all the necessary nuances to be introduced, it is advisable to visit a lawyer. He will help to draw up the contract correctly, and also tell you about the specifics of the transaction. The realtor will also help in this matter.

Since 2013, the registration of the document has been taking place at the MFC. You can download the form of the contract for the sale of an apartment for individuals in 2021 on our website. Then the necessary data is entered into it. And after registration, the transfer of ownership takes place.

Summarize

1. The contract must be drawn up when buying and selling an apartment.
2. The agreement specifies all the nuances of the transaction.
3. The contract must be registered.