Preliminary agreement for the purchase and sale of an apartment for guardianship authorities (sample)

FREE CONSULTATIONS

REPRESENTATION IN COURT

PREPARATION OF DOCUMENTS

Preliminary agreement for the purchase and sale of an apartment

Detailed analysis of the video and our comments on it:

He should send a written request for consent in a letter indicating which transaction and under what conditions he must give paternal consent, and also provide a detailed justification if a refusal is received.

The legislation does not provide for a ban on the sale of objects owned by minors. The father's refusal to give consent is not an insurmountable obstacle to the conclusion of the contract.

But keep in mind that now all transactions (preliminary agreements for guardianship authorities with shares of real estate) are drawn up through a notary.
Preliminary agreement for the purchase and sale of an apartment for guardianship authorities (sample)
Now I need to divide this room through the court, the children are already adults. Necessary documents In order to draw up an agreement for the purchase and sale of real estate from two owners, you will need to collect the following package of documents. If you are purchasing an apartment, in order to draw up a contract for the purchase and sale of real estate from two owners, you must also require the following documents. In some cases, even after the sale of real estate, the right to use the property or lifelong residence is retained, unless otherwise provided by the contract.

As you can see, nothing complicated or unusual.

The Buyer confirms that he wants and is ready to purchase housing from this Seller within the specified time frame and at the specified price. The Civil Code of the Russian Federation also introduces the concept of emancipation into the relationship of minors with the outside world.

Pre-contract (DCP) for the Guardianship Authorities!? How to compose?

The agreement must indicate that the final payment is made using loan funds received from the bank. You can contact the bank for a loan only after signing a preliminary agreement.

If the bank approves the terms of the transaction, then, based on the information contained in the preliminary agreement, the terms and methods of issuing a loan to the borrower-buyer are determined. In the future, these data are indicated mainly in the DCP and are a guarantee of financial security for the transaction.

Sberbank accepts for consideration only those preliminary agreements that are drawn up according to the sample it has developed. The mortgage registration fee is paid only after signing the main contract. Preliminary agreement with a deposit or advance payment When purchasing an apartment, a preliminary payment can be made in the form of a deposit or advance payment.

Today, I was going to withdraw N amount for the needs of children (I have three. Sample of a preliminary purchase and sale agreement for guardianship. I need to draw up a preliminary agreement for the purchase and sale of a house for the guardianship authorities. Register it as joint ownership and allocate shares to the children. 4. I am looking for a sample preliminary contract for the guardianship authorities. And then there will be a purchase and sale agreement with me. From the sale of the apartment, they remain on the children's accounts for more than a month, interest on the mortgage loan accrues. Preliminary agreement for the guardianship authorities Having entered into a legal marriage, Agreement on the distribution of shares of the land plot sample.

The deposit is paid towards the amount due to the seller for completing the main transaction. Payment of the deposit guarantees that the main contract will contain the same conditions as the preliminary contract. A receipt must be written regarding receipt of the advance deposit.

The parties determine the amount of payment independently. A preliminary contract for an apartment in a new building may contain a requirement that the buyer pay a certain amount of money in order to reserve the property they like. There are two ways to return the deposit by prior agreement.

Send written notice to the seller to return the deposit.

However, in order to minimize risks, the option of selling a mortgaged apartment with the participation of the bank that provided the mortgage loan is often used.

Having started work or entrepreneurial activity, a child of this age also becomes legally capable without limitation.

This agreement was concluded with the consent of the guardianship and trusteeship authorities of the Chkalovsky district.
In the video about the sale of housing with a child’s share. Features of the agreement for the sale and purchase of an apartment with the participation of minor children.
Sample purchase and sale agreement Transactions on their behalf are concluded by parents or other legal representatives. The complicated procedure for selling an apartment with registered minors is a state measure to protect the rights of children and other parties to the contract, which in itself reduces possible risks.

Go to court with a preliminary agreement and a receipt for payment of the deposit. When the parties enter into the Main Agreement, the deposit transferred by the Buyer to the Seller is counted towards payment of the price of the Apartment specified in clause. The remaining part of the price of the Apartment is transferred by the Buyer to the Seller in the manner and within the time limits specified below, a.

Having entered into a legal marriage, an individual who has reached the age of 16 acquires full legal capacity. The transaction is concluded with a subsidy, and receipt of funds is possible only after the registration procedure.

To deposit funds, both the Seller and the Buyer have the right to one-time access to the safe deposit box.

Further, the Seller has the right of sole access to the safe deposit box, subject to his presentation of the original of the Main Agreement with the stamp of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, where the Buyer will be named as the Buyer under this preliminary agreement or the original extract from the Unified State Register indicating such state registration.

This agreement is mandatory in the process of completing any real estate transaction.

All information about the object is contained in documents that need to be prepared by both parties.

The preliminary purchase and sale agreement is the key document, based on which the PLO employees will make the final decision.
The parties to the agreement can make payments between themselves both in cash without limiting the amount and by bank transfer.
What the full package of documents includes can be read here.
For each PDKP, its own main purchase and sale agreement is concluded, which is then registered with Rosreestr with the payment of a state duty of 2,000 rubles.
Sample preliminary agreement for guardianship Depending on the type of transaction, it is necessary to provide a purchase and sale or donation agreement.
Selling an apartment with a minor ownerPossible optionsHow to register?

The Buyer's fulfillment of his obligations under this preliminary agreement is secured by the deposit provided for in Art. However, in the case of a preliminary contract, the deposit is part of the payment for the goods that will be purchased under the main contract.

If the seller refuses it, then the deposit cannot be doubled, it will simply be returned to the buyer.

The description of the alienated property given in the real estate purchase and sale agreement must fully comply with the data in the cadastral passport of this property.

The transfer of money must be confirmed by a receipt issued by the seller upon receipt of the deposit. In this case, the receipt is an annex to the agreement, and not an independent document.

Together they ensure the reliability of the agreements reached. Read more about the deposit and receipt.

Features of the preliminary agreement for the purchase and sale of an apartment

Judicial practice In judicial practice, there are cases of abuse associated with receiving a deposit under a preliminary agreement. For example, the buyer made a deposit under a preliminary agreement, but due to circumstances was unable to conclude the main contract. The seller refused to return it.

But the court sided with the buyer, recognizing the preliminary agreement as the main one, and the deposit as an advance payment. As a result, according to a court decision, all funds were returned to the buyer - see the court decision.

Deposit agreement for the purchase and sale of a land plot with a house.

The conclusion of a preliminary agreement is preceded by the collection of necessary documents. It is also mandatory that the PDCP establishes a specific deadline for obtaining evidentiary documents.

Until they are presented by the seller to the buyer, it is not recommended to sign the PDCP. This means that a certain part of the apartment is owned by minor children.

An ambiguous situation is emerging. Necessary documents According to the law, only the owner of the object of sale can conclude a transaction.

Therefore, first of all, identification and ownership documents of the owner of the property being sold are required, such as.
If several sellers are involved in a transaction, then this document is provided by each participant; birth certificate if the age of the property owner does not exceed 14 years; passport and birth certificate, if the age of the apartment owner is 14-18 years; contract of sale; certificate of ownership; gift agreement if housing was received as a gift; If the owner cannot personally participate in the conclusion of the preliminary agreement, he can be replaced by a proxy.
In this situation, a power of attorney issued by the owner and certified by a notary is required.

Does the buyer have the right to pick up both copies - his own and the seller's? Here, all aspects are checked, compared and analyzed by civil servants on an individual basis. Thus, if the registered child or children are under 14 years old, they do not participate in signing the contract.

https://www.youtube.com/watch?v=UuADmkl7SAU

If the object of the transaction was acquired by the spouses while living together, then a certificate of marriage or its dissolution is required if they are divorced, as well as the permission of the second spouse, certified by a notary.

If the second spouse has passed away, a death certificate will be required.

The document must also be present in the package. The period for its preparation should not be more than five years; consent of the guardianship authorities, if the living space belongs to a minor.

A preliminary agreement for guardianship is a very important document confirming the intentions of the parties to complete the transaction. When selling an apartment with a mortgage, it will be necessary to obtain an appraisal certificate; the appraisal procedure will be paid for out of the buyer’s pocket and transferred to the party purchasing the home.

A certificate of the seller’s legal capacity issued by a local psychoneurological dispensary will not be superfluous. If in a short time the apartment has been sold more than once, this may indicate the illegality of previously completed transactions; an extract from an apartment or house register, which may contain information about seizure, encumbrance, and registration of third parties.

Preliminary agreement for the purchase and sale of an apartment

Why can’t you immediately pay off the mortgage with funds from the sale of the apartment? They’ve been sitting in the children’s accounts for more than a month, and interest on the mortgage is being paid. She will intervene only when the house is ready and you re-register the child’s place of residence.

However, the essence and meaning of the key agreements is the value of the property, the subjects of the transaction, etc. When selling an apartment with a mortgage, it will be necessary to obtain an appraisal certificate, the appraisal procedure will be paid out of the buyer’s pocket and transferred to the party purchasing the home. Contact the passport office with your child about writing the application required for discharge.

Sale of an apartment completely owned by a minor Let's start with the fact that it will be difficult to find buyers for the purchase of such an apartment, especially in cases of sale by a legal representative under the right of guardianship or trusteeship.

You have a motive and reasons; you are ultimately trying to improve the living situation of your children.

How to correctly draw up a preliminary agreement for the purchase and sale of an apartment for the guardianship authorities - a sample document

It is necessary to submit a preliminary purchase and sale agreement for guardianship along with other documents in order to obtain approval for a transaction involving minors. It is compiled in accordance with existing requirements. Usually the agreement is standard in nature, but sometimes additional conditions are specified in it.

Where and why do they require it?

This is done so that parents do not infringe on the rights of their children. If you plan to simultaneously sell one home and buy a new one, then you need to provide both contracts.

When there is only a sale, an obligation is required to allocate shares in another premises (the address is indicated and papers for the property are provided). It is drawn up by a notary.

Approval can be obtained if:

the new facility is not unsafe/dilapidated;
living conditions in the new housing are no worse;
school/kindergarten and other necessary institutions are located in relative proximity;
parents give their children an equivalent share or a larger share.

The guardianship service makes a decision on the possibility of entering into a transaction within 10 days.

How to correctly draw up a preliminary agreement for the purchase and sale of an apartment for the guardianship authorities?

A preliminary agreement is drawn up in the same way as a regular agreement, but it has several important nuances, namely:

it is required to register all participants in the transaction, including minors;
indicate the size of shares of each owner;
write exactly how many square meters in the new housing will be allocated to minors;
indicate the deadline for fulfilling obligations to minors.

To ensure that everything is drawn up correctly, you should contact a real estate agency. Experienced lawyers work there and will draw up the contract properly.

Sample preliminary agreement for guardianship

Depending on the type of transaction, it is necessary to provide a purchase and sale or donation agreement. Each of them has its own characteristics in composition. It is necessary to understand that sales cannot take place between close relatives; they can only be given property/real estate as a gift. It is worth considering the features of drawing up an agreement in more detail.

Purchase and sale of an apartment, its share or a house with land

The purchase and sale agreement for an apartment, its share or a house with a land plot specifies the following points:

complete information about the parties;
Address of the object;
the cost of the transaction and the method of mutual settlements;
information about the provision of collateral (indicating the amount);
conditions for storing the collateral and its return in case of refusal to complete the transaction;
the size of shares allocated to children.

The law does not regulate how many square meters children need to be allocated, so many parents give them 1/100. This is done so that there are no problems with a new move, since it is required to issue a share, the size of which will not be less in quantitative terms.

Donation of real estate

It is drawn up in accordance with the requirements of Article 572 of the Civil Code of the Russian Federation. So, one party gives the second a certain object for free use. If a counter obligation arises, then the agreement cannot be recognized as valid (clause 2 of Article 170 of the Civil Code of the Russian Federation).

This is what the document should contain:

information about the parties;
description of the object (address, area, floor, etc.);
name of title documents;
listing the rights of each party indicating shares;
the moment of transfer of ownership of real estate;
procedure for changing ownership;
registration method;
resolving disagreements;
signatures of the parties.

This agreement can be filled out by hand, but it is preferable to use a computer. A sample agreement can be downloaded on the Internet. To make sure everything is done correctly, you should consult with a lawyer.

He will check the paper for compliance with current requirements and tell you how likely it is to receive a refusal when applying to the guardianship authorities.

Thus, the decision of the guardianship service specialists depends on how the gift/sale agreement is drawn up. Based on these shares and the total area of the property, they calculate how many square meters the child had in one apartment and how much they plan to allocate in the new one.

If the area in the new property is smaller, then permission for the transaction will be denied, despite the living conditions. Usually the answer is given within 10 days. But when moving to another region, you must wait up to 30 days for a response.

—>

Preliminary agreement for guardianship

A preliminary agreement for guardianship , or rather for the Department of Guardianship and Trusteeship, is included in the mandatory package of documents for a real estate purchase and sale transaction. Therefore, you can’t do without it.

Here you will receive the correct template and a line-by-line video commentary for filling it out.

It is more convenient to draw up an agreement with the help of the Legal Designer, because this is a complex agreement and it must be drawn up in accordance with the requirements of the law.

Without an order from the Department of Guardianship and Trusteeship, Rosreestr will not register the transfer of ownership from the Seller to the Buyer.
In addition, your transaction must be certified by a notary , who will also ask you for an order authorizing the sale of real estate owned by a minor. A preliminary agreement for guardianship must also be submitted to a notary.

What the full package of documents includes can be read here.

Sample preliminary purchase and sale agreement for guardianship

Why do they require a Preliminary Agreement?

A preliminary agreement for guardianship is a very important document confirming the intentions of the parties to complete the transaction. Based on this document, it is possible to force the Seller through the court to sign a purchase and sale agreement.

Thus, having in your hands a correctly drawn up preliminary agreement for guardianship , you are already protecting the interests of the minor. This is very important for the department for the protection of the rights of minors.

In addition, when selling residential premises owned by a minor, the following rules must be followed:

In a new apartment or house, a minor must be given no less square meters than in the previous residential premises. An exception may be the purchase of housing for a child as sole property, that is, an entire apartment or house. In this case, a slight reduction in area is allowed, but this is at the discretion of the guardianship authorities
the new apartment or house should not have less amenities than the previous one, and not be dilapidated or in disrepair

But let's return to the topic of the article.
Do not treat the preparation of the Preliminary Agreement formally, because in fact this document is needed in any transaction, and not just for the sale of children's real estate.
After all, the waiting period for permission from the guardianship and trusteeship authority sometimes takes more than 10 days, and the Seller may change his mind or increase the price.
Therefore, read the article:
“How to correctly draw up a preliminary agreement.”
Look:
video tutorial “Buying an apartment from a minor Seller”

Sample preliminary agreement for the purchase and sale of an apartment with a deposit in 2023 (Template agreement with an advance payment) - and a mortgage, with an advance payment, for guardianship

3 0 1356

The structure of the preliminary policy consists of several parts:

Element	Content
A cap	Date of signing. Information about the parties - full name, date of birth, residential addresses, passport details.
Item	Deadlines for concluding the main agreement.
Terms of the main agreement	Area of the apartment, number of living rooms. Seller's ownership information. The inventory value of an apartment as of a certain date. The price of the apartment being sold, established by the parties, as well as the amount of payments when using installment plans. Confirmation of the absence of persons registered to live in the apartment. Deadlines for payment of the deposit. Bank deposit box information.
Responsibility of the parties	The procedure for compensation of losses in case of evasion from concluding the main transaction.
Dispute Resolution	The procedure for resolving arising disagreements.
Force Majeure	Circumstances that may become a legal basis for exemption from liability for failure to fulfill obligations.
Final provisions	Duration of the preliminary agreement. Addresses to which notifications can be made.
Signatures of the parties	Signatures and full names of the seller and buyer. If the first is a legal entity, then an additional stamp is affixed.

Preliminary agreement for the purchase and sale of an apartment with a deposit. Completed sample

Agreement form (with deposit)

Completed example:

If the buyer transfers a deposit to the seller, this must also be formalized. The most common method is a receipt.

Written by hand, the content is not regulated by law. The agreement can be drawn up without a deposit.

Key elements of the receipt:

passport and contact details of the seller;
grounds for transfer of funds – preliminary agreement from a certain date;
subject of the agreement – apartment;
date and place of transfer of funds;
an indication that the owner has counted the funds and confirmed their completeness;
signature.

The receipt is drawn up by the seller and given to the buyer.

Why do you need a preliminary agreement for the purchase and sale of an apartment with a deposit?

The purpose of the drafting is to provide the parties with a guarantee that the transaction for the purchase and sale of an apartment will be completed and all conditions will be met.

This is what Article 429 of the Civil Code of the Russian Federation says. The conditions regarding price and terms established in such an agreement cannot be changed unilaterally.

The preliminary agreement applies in the following cases:

Both parties want to document their agreement to complete a purchase and sale transaction for a specific property in the future.
The buyer purchases an apartment with a mortgage or has not managed to collect the full amount and wants to “reserve” the selected option at a set price.
The seller needs additional time to collect all the documentation for the apartment, but a buyer has already been found.
When he is needed for guardianship (for example, when selling an apartment with children’s shares).

The list of objects that may be the subject of a preliminary agreement is not limited - the purchase and sale of an apartment may be accompanied by additional agreements. agreements on legal grounds.

What is the legal force of the document

Article 160 of the Civil Code of the Russian Federation states that a preliminary agreement must be drawn up in writing in compliance with established rules and forms. Otherwise, such an agreement will not have legal force.

A legally significant document has the following principles:

the subject and accompanying terms of the agreement are clearly defined;
deadlines for completing the main transaction have been established. In their absence, the purchase and sale must be completed within 1 year after the preliminary agreement is drawn up;
the obligation to conclude will end if the established deadlines for its execution have expired and neither party insists on executing the transaction.

According to Article 445 of the Civil Code of the Russian Federation, evasion from formalizing the final purchase and sale transaction or an attempt to change the conditions established in the previous agreement is grounds for legal proceedings.

Required papers

To formalize a preliminary agreement, the seller and buyer must provide the following set of documents:

Original passports with subsequent attachment of their copies to the contract.
Certificate of state registration from the seller. It must indicate that the party is the legal owner of the apartment.
Technical passport of the apartment.
If there are several owners, the details of each of them are written down in the document.
Certificates of absence of rent arrears, extract from the Unified State Register, etc.

How to register correctly

The contract must include the following information:

details - date of conclusion, city of registration, details of the seller and buyer. The realtor acting on behalf of the seller must present a certified power of attorney;
subject - an apartment with such characteristics as area, floor, number of rooms;
certificate of state registration of housing;
the purpose of the conclusion is to confirm that in the future the parties will formalize the main agreement within the prescribed period;
the cost of the apartment is the full purchase price in numbers and words;
deposit - whether it was received, in what amount. A receipt is attached and the amount claimed by the buyer in the event of the seller’s refusal to carry out the transaction in the future is indicated;
The terms of the transaction can be determined independently. If the parties have not determined the terms, then 1 year is allocated for the execution of the transaction;
signatures of participants.

In addition to the mandatory conditions, the parties can add a number of additional conditions to the document:

the date by which the seller must vacate the premises;
fines for failure of a purchase and sale transaction;
agreement on the transfer of an apartment with furniture and other property.

Such an agreement does not require mandatory state registration.

It is compiled exclusively in two copies. You can draw up a preliminary agreement with a deposit from the buyer at a real estate company that provides such a service.

Do I need to certify?

The law does not oblige the parties to draw up a preliminary agreement with a notary.

However, they can do this if they wish. The notary must check the entire collected package of documents, after which it will be possible to begin concluding the agreement.

In this case, the deposit is made in front of a notary, after which both parties receive their own copy of the document.

Validity

One of the purposes of concluding a preliminary agreement is to determine the time for concluding the main one.

The seller and buyer can set any period (usually 1-2 months).

If the parties did not indicate a specific time, then it automatically becomes equal to 1 year. Upon expiration of the period, the obligation to enter into an agreement expires.

Problems can only arise with the return of the deposit - sometimes sellers evade this obligation, and the issue has to be resolved in court.

To completely protect yourself when transferring funds, you must:

Refuse to pay an excessively large amount - in practice, the amount of the deposit does not exceed 8-10% of the value of the property.
Carefully study all ownership documents presented by the seller.
Obtain an extract from the Unified State Register for real estate in advance - it will help determine the authenticity of the documentation provided by the seller. During the trial, the bona fide person who received the extract will have an advantage.

How to terminate correctly

The preliminary agreement can be canceled in one of several ways:

Unilaterally. If the buyer refuses the deal, he will lose the deposit. If the refusal comes from the seller, then he is obliged to pay the buyer a double deposit. All fines and sanctions are also paid by the initiator.
By agreement of the parties. All consequences of refusal are discussed between the buyer and seller.
By court decision. Participants can put forward a demand to terminate the contract on the condition that the agreement violates their rights.

In case of unilateral termination, the other party may go to court with a demand to fulfill the established obligations.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Preliminary purchase and sale agreement for guardianship

Signing a preliminary agreement with a deposit differs from the standard case only in that if the buyer terminates the document, the deposit remains with the seller, and in the event of a similar action on the part of the apartment owner, the deposit is transferred to the buyer in double amount.

If one of the parties to the concluded agreement refuses to fulfill its obligations, which are specified in the agreement, the other party has the right to sue to demand either fulfillment of obligations under the agreement, or compensation for losses and lost profits.

Preliminary purchase and sale agreement (detailed)

In the event of failure by the BUYER to fulfill its obligations under this agreement or refusal to sign the main purchase and sale agreement (including due to the lack of funds to fully pay for the Property), the advance payment specified in clause 4.1. is not refundable to the BUYER.

13. In case of non-fulfillment or improper fulfillment of any of the terms of this agreement, reporting of false information, or identification of circumstances that may lead to the recognition of the main purchase and sale agreement as invalid, this agreement is considered terminated.

RAA Law

In cases where the party that entered into the preliminary agreement avoids concluding the main agreement, the provisions provided for in paragraph 4 of Article 445 of the Civil Code are applied.

A claim to compel the conclusion of the main contract may be filed within six months from the date of failure to fulfill the obligation to conclude the contract. In case of disagreement between the parties regarding the terms of the main agreement, such terms are determined in accordance with the court decision.

The main agreement in this case is considered concluded from the moment the court decision enters into legal force or from the moment specified in the court decision.

A preliminary contract for the purchase and sale of a car must contain conditions that allow the subject to be established, as well as the conditions of the main contract, regarding which, at the request of one of the parties, an agreement must be reached when concluding the preliminary contract.

Since the beginning of 2013, the procedure for formalizing (concluding, registering) an apartment (real estate) purchase and sale agreement has changed significantly.

Since 2013, the entire procedure, from the seller’s visit to the BTI before the transaction, registration with a notary to the buyer’s visit to the BTI after the transaction, takes place at the notary’s office. Other sales and purchase agreements that are certified by a notary:.

If previously, the Bureau of Technical Inventory (BTI) checked whether the apartment belonged to the seller, now this is done by a notary.

Preliminary agreement for the purchase and sale of an apartment. transactions (deregister, obtain permission from the guardianship and trusteeship authorities). 3. You can download a sample preliminary agreement from the Internet.

Registration of preliminary agreements for the purchase and sale of real estate: apartments, 550 of the Civil Code of the Russian Federation, agreement for the purchase and sale of real estate. Here you must obtain permission for the sale of guardianship authorities and.

Garage purchase and sale agreement

Registration address: ______________________________
Mailing address: ______________________________
Phone fax: ______________________________
Passport series, number: ______________________________
Issued by: ______________________________
When issued: ______________________________
Signature: ______________________________

1.4. The garage alienated under this agreement is located on a land plot, the total area of which is: ______________ (_________________) sq.m., within the boundaries of the plan attached to this garage purchase and sale agreement. Cadastral number of the plot: _______________________, land category: _____________, provided for __________________. The Seller has ownership rights to the specified land plot on the basis of ________________, which is confirmed by a certificate of state registration of rights dated ________ series _________ No. _________. In accordance with Art. 131 of the Civil Code of the Russian Federation, the Seller’s ownership of the specified land plot is registered in the Unified State Register of Rights to Real Estate and Transactions with It, about which registration record No. ______________________________ was made on __ ___________ 200_.

Preliminary agreement for the purchase and sale of an apartment (payment of a deposit)

Under the real estate purchase and sale agreement, the Seller undertakes to transfer into ownership of the Buyer an apartment located at the address: _____________________________________, cadastral (or conditional number) __________, which is located on the ___ floor, consists of __ (_____) living rooms and has a total area of ____ (_____________ ) sq.m (hereinafter referred to as the “Apartment”).

When the parties conclude the Main Agreement, the deposit transferred by the Buyer to the Seller is counted towards payment of the price of the Apartment specified in clause 1.2 of this preliminary agreement.

The remaining part of the price of the Apartment is transferred by the Buyer to the Seller in the manner and terms specified below, namely: the remaining amount in the amount of _______(__________) rubles on the day of signing the Main Agreement is deposited by the Parties in a safe deposit box, ____________ (bank), rented in the name of the Buyer .

To deposit funds, both the Seller and the Buyer have the right of one-time access to the safe deposit box.

the Seller has the right of sole access to the safe deposit box, subject to his presentation of the original of the Main Agreement with the stamp of the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region, where the Buyer will be named as the Buyer under this preliminary agreement or the original extract from the Unified State Register indicating such state registration. If the Seller did not exercise his right of sole access to the safe deposit box during the specified period, then, starting with “___”_________. and until the end of the lease period of the safe deposit box, the Buyer has the right of unconditional sole access to it.

Preliminary agreement for the purchase and sale of an apartment for guardianship authorities

At the same time, this agreement is not subject to state registration, since it is, in fact, an expression of intentions, which each of the parties can subsequently refuse. However, despite some formality of the agreement being concluded, it must contain all the essential terms of the future contract. Among them: the price of the property and, of course, the subject of the agreement itself.

We recommend reading: Examples of statements of claim

Good afternoon In this situation, the consent of the guardianship and trusteeship authority is mandatory, the rights of the minor should not be infringed, and you will have to provide a document confirming that the child has living space or a bank account with the amount from the sale of the share.

Types of purchase and sale agreements for non-residential premises: samples of filling and features

It is one thing to complete a purchase and sale transaction of non-residential premises, but quite another to become the legal owner of the acquired area. It should be taken into account that the very fact of concluding such an agreement may not coincide with the moment of transition of non-residential space into an object of ownership.

Under a real estate purchase and sale agreement (real estate sale agreement), the seller undertakes to transfer a land plot, building, structure, apartment or other real estate into the ownership of the buyer (Article 130).
The rules provided for in this paragraph apply to the sale of enterprises insofar as otherwise is not provided for by the rules on the agreement for the sale of an enterprise (Articles 559, 560, 561, 562, 563, 564, 565, 566).

Agreement for the purchase and sale of an apartment for minors - features and nuances

In any case, when carrying out transactions with real estate when minors are registered, living or otherwise related to the living space in question, it is necessary to obtain the consent of the guardianship and trusteeship authorities of the district government in accordance with Article 37 of the Civil Code of the Russian Federation and Article 3 of the Federal Law “On Amendments and Additions to the Law of the Russian Federation” On the privatization of housing stock in the Russian Federation." The only exception is when the child is re-registered to another place by his parents without worsening living conditions.

Hello, friends. When a minor child participates as one of the parties to an apartment purchase and sale agreement, it is necessary to take into account some features that distinguish it from a standard agreement. According to the law, this is possible, and children can also be appointed owners under an agreement of exchange and gift.

Procedure for selling an apartment with a share of a minor child

If the reason for the refusal is that the parents provided only a preliminary purchase and sale agreement for a new apartment, instead of an already signed main agreement, then this is not legal. The preliminary agreement obliges the parties to complete the transaction on the terms specified in it.

notarized written consent of the absent parent, and if he is abroad, then written permission certified by the Russian consulate in the host country will do;
a court decision to deprive an absent parent of parental rights;
a court decision to recognize the second parent as missing (missing);
death certificate if the other parent is deceased.

06 Aug 2018 consurist 376

Sample preliminary contract for the purchase and sale of an apartment for guardianship

Where and why do they require it?

This agreement is mandatory in the process of completing any real estate transaction. Particular attention is paid to it when minors have a share. The law provides for the possibility of conducting transactions with their participation only with the consent of the guardianship department.

This is done so that parents do not infringe on the rights of their children.

Sample preliminary contract for the purchase and sale of an apartment for guardianship

Procedure for bearing expenses (who pays).
Procedure for paying a deposit or advance payment.
The clause on the voluntariness of concluding this agreement (confirmation that this purchase and sale does not fall into the category of enslaving transactions).
Responsibility of the parties in case of failure to fulfill the terms of this agreement.
The date the PDAP comes into force (usually “from the moment of signing by the parties”).
The date before which the parties undertake to enter into the main purchase and sale agreement.
Number of original copies (1 - for the Seller, 1 - for the Buyer and 1 - for the guardianship and trusteeship authorities).
Signatures of the parties with transcripts.
Details of the parties.

In general, a preliminary purchase and sale agreement for guardianship is almost no different from a standard preliminary purchase and sale agreement.
[info]Neither in the first nor in the second case does the document require notarization and does not imply state registration (only the main agreement is registered with government agencies).
However, when drawing up the PDCP for the guardianship authorities, the parties will need to take into account the following nuances:

If one of the parties to the transaction under the contract is a minor child under the age of 14, an incapacitated or partially capable person, then all legally significant actions are performed for him by his Legal Representative.

For example, such a Guardian may be the owner of the residential premises being sold. [/info] In the “Seller” column the personal information of this particular Guardian is indicated. However, next to it is a written clarification that his Legal Representative is acting on behalf of the Seller, indicating his personal data.

Sample preliminary contract for the purchase and sale of an apartment for guardianship sample

But, again, a minor will be discharged only if it is proven that he has a place to register. The new place of residence and registration should in no way violate the interests of the child.

Transferring public housing stock into the ownership of citizens and ignoring the rights of minors who were registered in this apartment, but for some reason did not receive ownership rights to their legal share of housing, poses serious problems for buyers of such real estate.

General rules of action for selling an apartment or its share

Before making a transaction, it is necessary to prepare the entire set of documents for the apartment being sold.

There are papers without which the new owner will not be able to study the history of the apartment and register his ownership of it after the transaction.

Sample preliminary agreement for the purchase and sale of an apartment for child custody

[important]To ensure that everything is done correctly, you should consult with a lawyer.

He will check the paper for compliance with current requirements and tell you how likely it is to receive a refusal when applying to the guardianship authorities.

If the area in the new property is smaller, then permission for the transaction will be denied, despite the living conditions. [/important] Usually the answer is given within 10 days.

Federal Law No. 48 dated April 24, 2008).

If the family receives permission to sell the property, the transaction will need to be completed in a standard format.

For each PDKP, its own main purchase and sale agreement is concluded, which is then registered with Rosreestr with the payment of a state duty of 2,000 rubles.

If a minor/incapacitated/partially capable citizen participates as a Seller in the transaction, then the main purchase and sale agreement will need to be certified in the notary’s office.

If a family is faced with a refusal from guardianship authorities, it can take one of the following paths:

Option 1. Terminate the preliminary contract with the Buyer, and if a parallel contract for the purchase of a new apartment was concluded, terminate the preliminary contract with the Seller.

Sample preliminary contract for the purchase and sale of an apartment for guardianship sample

For failure to fulfill these obligations, both one and the other party risks incurring liability provided for both by the provisions of the agreement itself and by the norms of current legislation.

The PDCP should not contain formal and substantive errors, because subsequently, all information from here will be transferred to the main purchase and sale agreement. If this is permitted by the provisions of the PDCP, when drawing up the main purchase and sale agreement, the parties may slightly change individual clauses.

However, the essence and meaning of key agreements (real estate value, subjects of the transaction, etc.) must remain unchanged.

The preliminary agreement must include the following information:

Date and place of conclusion of the PDCP.
Personal information about the parties (Seller and Buyer).

: a notarized agreement provides the buyer with guarantees of safety and purity of the transaction.

The following composition of the agreement :

document's name;
place of his imprisonment;
date of signing;
detailed data of the seller, his legal representative (father or mother) and the buyer, providing the opportunity to uniquely identify their personalities;
characteristics of the subject of the contract that make it possible to unambiguously determine it (in accordance with the technical plan and cadastral passport);
basis and proof of housing ownership (with the name and details of the relevant papers);
price of real estate;
terms and forms of payments;
signatures of the parties to the transaction.

Everyone present at the transaction must have their passports with them .

[attention]Donation of real estate

It is drawn up in accordance with the requirements of Article 572 of the Civil Code of the Russian Federation. So, one party gives the second a certain object for free use.