Apartment purchase and sale agreement by power of attorney (sample) 2023

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There are many cases when it is necessary to take some action in relation to one’s property, but the owner himself does not have the opportunity to do this.

There is a way out of this situation - to issue a power of attorney, to whom you can entrust such an important issue. Often such a document is issued for a relative, but there are exceptions.

In relation to real estate, for example, in order to conclude an agreement for the purchase and sale of an apartment by proxy, you can contact a trusted and experienced realtor.

Sample and blank form of an apartment purchase and sale agreement by proxy

In essence, a transaction with a power of attorney is no different from an ordinary transaction. The package of documents is absolutely the same. Only the power of attorney and passport of the representative of the seller or buyer are added, which is indicated in the documents accordingly.

An apartment purchase and sale agreement by power of attorney must include the following information:

1. Name of the document and subject of the transaction.
2. Place and date of registration.
3. Data from the passport of all parties to the transaction and information from the power of attorney (indicate full name, date and place of birth, series and number, issued by, registration). If the representative is from the buyer, then such information is included about him.
4. Information about the apartment (footage, number of rooms, number of floors, full address - region, district, locality, street, number, houses and apartments). You must provide data from real estate documents (cadastral documentation, certificate of ownership, extract from the Unified State Register of Real Estate).
5. The price of the property must be final and cannot be changed.
6. If a share of an apartment is sold, then its other owners are also indicated.
7. Unchanged points 7 to 21.
8. Signatures of sellers and buyers who confirm the intention of their actions and the correctness of the document.

You can download a sample apartment purchase and sale agreement with a power of attorney and a blank form on our website.

Compilation rules

To draw up a competent contract, you must adhere to the following rules:

• To draw up a purchase and sale agreement by power of attorney, you need to draw up the trust documentation itself. To formalize it, you need to contact a notary. And after that, enter the information from the document into the contract. Usually they contact a notary at their place of residence.
• Make a note in the document that the transaction was completed by a representative of one of the parties.
• If the authorized representative can only perform actions on the transaction, and in the rest the owner participates himself, then only the initials of the representative are written down.
• A general power of attorney allows a citizen to dispose of an apartment as an owner, even to transfer and receive funds. The contract specifies all the information - passport data, registration, etc.
• The buyer may ask to provide a document for review if the seller sells the property under a power of attorney. The same applies to the seller if the buyer acts by proxy.

Note! It is worth studying in great detail the representative’s passport and power of attorney. All information must match the data in the passport. If they suddenly offer to look at a photocopy instead of a passport, then it must be notarized.

Also check to see if it has expired. The maximum validity period of a power of attorney is 3 years.

Pay attention to the notary's seal and signature and whether they exist at all. The seal will be blue, and the signature will have a transcript.

• Discuss all the nuances before the transaction, when the keys will be handed over (according to the standard, the document states that they will be handed over on the day the contract is signed), the final price, how the funds will be transferred, who will bear the costs of the transaction (usually all government fees are paid by the buyers, but It happens that sellers also pay expenses. For example, if the transaction is a mortgage, then the owner of the apartment pays for the certificates that are required from the seller).
• The agreement is drawn up in simple written form on a computer or by hand. If you still cannot draw up the document in person, you can turn to a lawyer or realtor for help, but you will need to pay for such a service.
• Three copies are made, one for Rosreestr or MFC, another for sellers, and the third for the buyer. If there are more people taking part in the transaction, then they make up for all participants in the transaction.

Important! A power of attorney can be general or one-time.

A general power of attorney has all the same powers as the owner of an apartment. He can dispose of the object, participate in transactions and has the right to sign, as well as participate in transactions with money when buying or selling real estate.

A one-time agreement allows the trustee to perform only certain actions specified in the document. The representative has no right to perform other actions not specified therein.

The power of attorney states:

1. Date and period of its validity.
2. Information about the trusted citizen (passport data, registration)
3. Actions that a trustee has the right to perform.
4. Signature and seal of the notary and the authorized representative.

Content

Drawing up a document takes place in several steps:

Step 1. Writing a header

B do not indicate:

• The name of the document, in our case – “purchase and sale agreement”, does not need to be written “by proxy” and put an end to it.
• City, region, region.
• Number.

Step 2. Information about the parties to the transaction

The following must be written:

• Full name of the seller or sellers (there may be several of them), passport data - date and place of birth, registration, series and number.
• Full name of the person under the power of attorney; information from the document is entered here.
• Full name of buyers and information about them from their passport.

Step 3. Apartment information

Usually they write:

• Property name, address, number of floors, area.
• Then they enter the registration data from the certificate of ownership or an extract from the Unified State Register of Real Estate.

Step 4. Calculation procedure

At this step indicate:

• The price of the apartment is indicated.
• In what order will the buyer pay the seller?
• A clause is written stating that there are no encumbrances on the apartment.
• Further indicate the fact that the seller does not have the right to change the price.

Step 5. How the transaction is completed

Be sure to prescribe:

• Points 7,8,9,10 are written as is, without changing anything.
• Clauses 11.12 specify the moment when ownership of the object arises and how expenses are incurred.
• Point 13 remains unchanged.
• Paragraph 14 states the number of contracts and to whom they are intended.
• You can also add other points based on the Civil Code.

Step 6. The parties sign the agreement

The seller and buyer sign and write their last name and initials. A citizen does the same by proxy, signs for the person he represents and writes his last name and initials.

Conclusion

You can find any information on the Internet, including an agreement for the purchase and sale of an apartment by proxy. There are both forms and sample documents. It must be drawn up in writing, perhaps even by hand, but in the age of information technology it is better to print on a computer, as this will give the document greater seriousness.

We remind you that our lawyer can provide assistance with drawing up a purchase and sale agreement by power of attorney. Sign up for a free consultation through an online consultant.

• You will also be interested in learning how to sell an apartment without a power of attorney and a sample power of attorney for the sale of an apartment.
• Please rate the post and like it.

Sample agreement for the purchase and sale of an apartment by power of attorney 2023: rules for drawing up and content of the main points Link to the main publication


Apartment purchase and sale agreement by power of attorney (sample) 2023

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The ability to conduct a transaction for the purchase and sale of an apartment with the participation of an authorized person (representative), who will act in the interests of the seller or buyer, is approved by Art. 182 of the Civil Code of the Russian Federation. To draw up an agreement in this case, you must first issue a power of attorney indicating the possible powers of the representative, and indicate his personal data in the document itself.

In what cases is an apartment purchase and sale agreement by proxy used?

Concluding a transaction using an apartment purchase and sale agreement (APA) by power of attorney is relevant when it is impossible for one or both parties to be personally present at the time of signing the document:

• for health;
• due to physical absence at the place where the transaction was concluded (during temporary departure, residence in another city);
• if there is not enough time (busy with work, need to attend other important events that day).

In such cases, a trust document is drawn up and certified by a notary, on the basis of which the person indicated in it receives the right to perform a number of actions.

If the absence of one of the parties to the transaction is associated with stay in places of deprivation of liberty, in medical or social institutions, or in urgent (extra-urgent) service, the document confirming the powers of the representative has the right to be certified not by a notary, but by other authorized persons (their list is approved by Article 185.1 of the Civil Code of the Russian Federation) .

Preparation for signing the contract

Before drawing up and signing the DCT, you should contact a notary (usually at your place of residence) to draw up trust documentation. Its type will depend on the actions allowed for the representative:

• General - actually provides powers as the owner of real estate, that is, the right to dispose of real estate, sign an agreement, carry out settlements between the parties, etc. Read more: General power of attorney for the sale of an apartment
• Special or one-time - allows only the legal actions specified in the document and loses force after they are completed.

The principal can only be an adult capable person. At the same time, the same person cannot simultaneously represent the interests of the buyer and the seller, as well as make a transaction with himself (for example, buy an apartment from his principal), which is approved by clause 3 of Art. 182 of the Civil Code of the Russian Federation.

For notarization of a power of attorney giving the right to dispose of property, Art. 333.24 of the Tax Code of the Russian Federation provides for a state duty of 100 rubles.

(if issued in the name of a close relative) or 500 rubles. (when issued in the name of third parties).

In addition, legal and technical services (legal and technical services) are additionally paid for: text drafting, printing, copying, etc.

Features of an agreement with the participation of a trustee

To protect yourself from possible troubles in the future, before signing the DPA by proxy, the parties to the transaction should check:

• Authenticity of the power of attorney. To check, you can contact the notary who issued the document or use the special online service of the Federal Notary Chamber. In the latter case, you need to know the document number, date of execution and full name of the notary. The database contains information about valid and revoked trust documents.
• Legality of the representative's actions. The text must clearly indicate the powers that he has the right to exercise. This can only be the signing of a contract or a number of other actions related to the transaction: receiving money for an apartment, transferring the object itself, participating in the state registration procedure for the transfer of ownership, etc.
• Validity. The law does not establish a mandatory requirement to indicate the validity period in the document. The principal has the right to choose any period during which the proxy has the right to represent his interests. But if the text of the document itself does not contain direct indications in this regard, by default it is valid for 12 months from the date of execution (Article 186 of the Civil Code of the Russian Federation). In order to understand from what moment this time is counted, the document must indicate the date of preparation, otherwise it will be considered void.
• Compliance of the data in the power of attorney and the representative’s passport. They must match exactly. If a photocopy is provided instead of the original passport, it must only be a copy certified by a notary.

If possible, it is important for the seller and buyer, in a personal conversation, to confirm in advance the fact of issuing a power of attorney, the list of powers and personal data of the representative, to discuss all the details of the transaction before signing the agreement (the price of the property, the timing of the transfer of keys and the final settlement between the parties, the procedure for transferring money for the apartment, paying expenses on a deal, etc.).

How to draw up a contract

The only peculiarity of the agreement for the purchase and sale of an apartment by proxy is the entry of data not only about the seller and buyer themselves, but also about their proxies. Otherwise, the procedure does not differ from drawing up a standard contract:

• Simple written form. Printed and handwritten versions are acceptable.
• At least 3 copies of the DCP : one for the seller, the second for the buyer, the third for Rosreestr to register the transfer of ownership. If more persons take part in the transaction (for example, 2 owners are selling an apartment), everyone is entitled to their own copy, each of which will have the same legal force.

The DCP will contain the following information:

• Name.
• Place and date of registration.
• Data of the parties to the transaction, their authorized representatives: full name, date of birth, address of registration and actual residence, passport details (date and place of issue, by whom). For the representative - additionally details of the power of attorney, on the basis of which he has the right to take part in the transaction.
• Detailed description of the subject of the contract (apartment): full address, number of floors of the building, number of rooms, area (total, residential), cadastral number.
• Information about the seller’s title documents confirming his ownership (extract from the Unified State Register of Real Estate, certificate of ownership).
• Real estate price (in numbers and words). Note that it is established by agreement of the parties and is not subject to change.
• Information about encumbrances and registered persons in the apartment.
• The procedure for transferring funds (currency, terms, method) and the property (will a transfer and acceptance certificate be drawn up or will the contract itself perform its function).
• Description of the condition of the object at the time of signing the contract.
• The moment of transfer of ownership and the procedure for paying expenses associated with this procedure.
• Number of original copies of the DCP.
• Signatures of the parties.

Sample contract for the purchase and sale of an apartment by power of attorney 2023

Is it necessary to notarize the DCP by power of attorney?

In the legislation of the Russian Federation there is no mandatory requirement to certify an apartment purchase and sale agreement by power of attorney with a notary. The exception applies to the sale of objects that:

• are in shared ownership;
• belong to a minor or incompetent (including partially) person.

In other cases, the parties can confirm the DCP on their own initiative, especially if there are concerns about a possible challenge to the transaction.

In this case, the notary will be a kind of guarantor that the participants carry out the purchase and sale on a voluntary basis, aware of their actions and their consequences.

He will also check whether the power of attorney was actually issued to the specified person, and whether the principal did not revoke it on the date of signing the agreement.

An additional advantage of contacting a notary will be a reduced period for registering the transfer of ownership (1-3 days).

The state fee for notarial acts is established by Art. 22.1 “Fundamentals of the legislation of the Russian Federation on notaries.” The cost of notary services will depend on the estimated value of the apartment, the status of the participants (for close relatives, certification will be cheaper).

Registration actions

The DCP itself does not require state registration by power of attorney. But on its basis, the transfer of ownership from the seller to the buyer is registered. Since the transaction takes place with the participation of trusted persons, they can also directly participate in the registration procedure (provided that such powers are provided for in the trust document).

For state registration, you will need to provide a package of documents to Rosreestr or MFC:

• original copies of DCP (3 or more);
• passports of the seller and buyer;
• power of attorney and passport of the representative;
• an extract from the Unified State Register of Property Rights;
• technical documentation (cadastral, technical passport);
• statements about the absence of debts on utility bills;
• an extract from the house register indicating the absence of registered persons.

In some cases, permitting documentation must be attached to the package of documents, for example:

• consent of the spouse to sell the apartment, if the subject of the transaction is real estate jointly owned by the spouses, acquired during the marriage;
• consent of the guardianship and trusteeship authorities to sell real estate if its sole owner (or one of them) is a minor.

Possible risks

Participation of third parties in concluding a written contract increases risks for all parties to the transaction. If it subsequently turns out that the representative’s actions were illegal, the purchase and sale procedure will be declared invalid and cancelled. This is possible in situations if the power of attorney turns out to be:

• Fake. It is important to carefully examine the document before signing the DCP to ensure there are no corrections or typos, pay attention to the date of preparation and expiration date, the notary’s seal (must be blue) and the signature (accompanied by a transcript).
• Invalid. The document loses its legal force in the event of expiration, unilateral revocation by the principal, his incapacity and death. For example, if a power of attorney was drawn up a few days before the death of the principal, and the power of attorney itself was signed after death, the transaction will be invalid.

You should also take into account the risks associated with the trustee’s dishonesty, for example, failure to fulfill obligations under the transaction, misappropriation of funds received for paying for an apartment, etc.

When concluding an agreement for the purchase and sale of an apartment by proxy, it is important to take into account a number of nuances in order to reduce the risk of the transaction being declared invalid.

Doubt the legality of trust documents? Don’t know how best to apply for PrEP in your situation? What additional points should be included in the document to protect your rights? Contact our website lawyers for a free consultation.

Agreement for the purchase and sale of an apartment by proxy sample 2018 download

Buying an apartment is a responsible procedure, because you will need to take into account many details in order to avoid mistakes. Moreover, due to his employment, the owner of the property sometimes does not have the opportunity to independently sell it.

You can always write a power of attorney to a specific person in whom the owner is as confident as in himself. As a result of this, he will be able to implement this task without much effort.

Sample of a standard agreement for the purchase and sale of an apartment by power of attorney 2018

To draw up a contract correctly, you will need to include some steps:

1. Design of the "header". Here it is important to indicate the name of the agreement, the place of its signing and the date of the transaction;
2. The second stage is that it is necessary to enter important information about the parties to the transaction. This usually includes contact information, information about the authorized representative of the owner of the property, who for one reason or another is not able to be present at the time of the transaction. But of course, this is the data of a citizen who is planning to purchase an apartment;
3. You should describe in detail the information that relates to the property. Here its important characteristics are indicated, for example, the number of rooms, area, etc. It is mandatory to indicate a list of necessary documents that belong to the seller;
4. Do not forget that questions that will concern the cost and calculation of funds are always important. This stage consists of the fact that here you will need to indicate the cost of the apartment, the method of calculating funds;
5. Issues related to the agreement and execution of the transaction play an equally important role.

Points 7,8,9,10 will indicate that the apartment has been sold.

Moreover, you will definitely need to indicate the persons who are registered in this apartment. Based on paragraphs 11, 12, write the 13th. Naturally, you should remember this. Since it is he who will indicate that the seller does not have the opportunity to use the property in connection with the signing of the document. Highlighting standard points 15-21, they are also mandatory.

All that remains is to sign the document; naturally, all parties to the transaction must go through this operation. Only at this moment can the deal be considered concluded and will it have legal force.

• Download a sample agreement for the purchase and sale of an apartment by proxy.
• Download the form for the purchase and sale of an apartment by proxy.
• Download a sample contract for the purchase and sale of an apartment by proxy from the seller.
• Download the form of the agreement for the purchase and sale of an apartment by proxy from the seller.
• Download a sample agreement for the purchase and sale of an apartment by proxy from the buyer.
• Download the form of the agreement for the purchase and sale of an apartment by proxy from the buyer.

Before concluding an agreement, you will need to correctly draft the text of the power of attorney. If you do not have relevant knowledge in this area, then consulting an experienced lawyer will definitely not hurt.

Important! It should be understood that this is a serious and responsible procedure, so you need to treat it accordingly.

The text must include information such as:

• date of issue of the power of attorney;
• data of the principal and representative;
• address of the immovable property;
• list of powers.

Important! The power of attorney must be certified by a notary, as this is one of the most important conditions and guarantee for the parties to the transaction.

If a representative submits an application to a government agency where it is necessary to go through the registration procedure of rights, then his power of attorney must be certified by a notary.

Important! It is worth considering one important point, which is that the same person can never act as a representative of the buyer and seller.

Naturally, when starting to draw up a power of attorney, you should also write down the date. If it is missing, the document is considered invalid.

All of the listed points must be strictly present in the contract, otherwise the deal cannot be considered concluded. Moreover, the parties may encounter unnecessary problems in the future, which actually often happens in practice.

If you plan to sell only part of the apartment, then with regard to the size of the alienated share, this information must be reflected strictly in the contract. Naturally, only when all actions in accordance with the civil code are observed, it will be possible to avoid unpleasant issues in the future.

It is impossible not to add that the interests of persons who are co-owners must also be respected, which is an equally important point. Before starting to draw up a power of attorney, the owner must offer them to buy part of the apartment for a similar amount.

If within a month from the date of such an offer they do not take any action, then the owner, in turn, has every right to act as a seller.

As a rule, it is necessary at the time of submitting documents to the State Register and other authorities, which is an important point. If we highlight in general the procedure for issuing a power of attorney related to the sale of an apartment, then it is not particularly different from issuing a power of attorney for the sale of its share.

It is only important to carefully delve into this issue, carefully studying all its points. If the need arises, you should consult with an experienced lawyer who will avoid unpleasant surprises.

As for the form, the documents that are necessary to obtain it, and the issuance process itself, all this also does not have any special differences.

It is only important to remember that the power of attorney must be drawn up correctly; this is the most important condition.

After all, only in this case can you avoid the emergence of controversial situations related to the sale and purchase of an apartment. So, when turning to experienced specialists for help, try to always take into account all their recommendations.

This will lead to the fact that the purchase and sale transaction by proxy will definitely bring you pleasure.

Don’t forget, an apartment costs a lot of money, and before you buy it, it’s better to analyze in detail all the doubtful aspects in advance.

Agreement for the purchase and sale of an apartment by power of attorney

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An agreement for the purchase and sale of an apartment by proxy differs little from a typical purchase and sale agreement. It is important to remember the need to indicate the data of the authorized person, as well as indicate the number and date of the power of attorney. The powers of the representative do not have to be duplicated in the text of the contract.

Contents of the document. Required elements

Nowadays, transactions for the transfer of ownership of real estate are often concluded not by the parties themselves, the seller and the buyer, but by their representatives acting on the basis of a power of attorney. In its content, such an agreement is practically no different from a regular purchase and sale agreement. When completing the document, check for the following information:

• information about the parties to the agreement (passport data for citizens and registration data from the Unified State Register of Legal Entities for legal entities) PLEASE NOTE: it is necessary to additionally indicate information about the representatives and the grounds for their participation in the legal relationship, that is, indicate the number and date of signing the power of attorney;
• complete information about the apartment (exact address, area, cadastral plan, extract from Rosreestr);
• property value;
• payment procedure under the contract indicating a specific date for making the payment;
• rights and obligations of the parties;
• the procedure for resolving disputes and the specifics of terminating a contract at the initiative of one of the parties;
• indication of persons entitled to reside in the apartment.

Features of the agreement

If the interests of the seller and/or buyer are represented by a trusted person, for example, a relative and a realtor, it is important to consider the following nuances:

• on behalf of the seller and buyer in accordance with Art. 182 of the Civil Code of the Russian Federation, only different persons can act. One person may not act as a “double” representative;
• the power of attorney must specify in detail the powers of the trustee, and also indicate the presence or absence of the possibility of transferring the rights to a third party;
• The signature of the authorized person in the agreement is not mandatory.

TIP: It is not necessary to rewrite the powers of the trustee when filling out the agreement form. It is enough to indicate them in the power of attorney itself.

Signing procedure

As a general rule, there is no provision for a contract to be certified by a notary. The exception is the sale of a share of an apartment and a transaction in which the seller is under guardianship.

IMPORTANT: art. 551 of the Civil Code of the Russian Federation provides for state registration of the agreement. If you want to delegate the authority to submit and receive documents after registration to a representative, you must specify this authority when drawing up a power of attorney. At a minimum, you need to print out three copies of the agreement: for the parties and for the registering authority.

Agreement for the purchase and sale of an apartment by power of attorney sample 2023 2018

Example #1

AGREEMENT FOR PURCHASE AND SALE OF AN APARTMENT BY POWER OF ATTORNEY BY THE SELLER

• City ____________ ____________ region ______ __________ two thousand ________________ .
• We, gr. ____________________ , ________________ year of birth, place of birth: ________________________ , citizenship: Russian Federation, gender: _____________ , passport: ____________ , issued on __________________________________________ , department code _________, registered at the address: ___________________________________________________, hereinafter referred to as “SELLER” , on the one hand, on whose behalf, on the basis of a power of attorney from “____” _________________ ______ year, certified by ______________________________________, notary on _____________________________, registration No. ________________, _______________________________________ is acting, “_____” __________________________ ______ year of birth, passport series _________ No. _____________, issued _______________________________________________________ ________________________, “ ___" _____________ _______, registered at the address: __________________________________________________________, and
• gr. _________________________ , ____________ year of birth, place of birth: ___________________________ , citizenship: Russian Federation, gender: ________, passport: ____________ , issued on _________________________________________________ year, department code __________, registered at the address: ___________________________________________________, hereinafter referred to as the “BUYER” , on the other hand, hereinafter collectively referred to as the “PARTIES”,
• have entered into this Agreement as follows:

1. The “SELLER” undertakes to transfer ownership the “BUYER” , and the “BUYER” to accept ownership and pay, in accordance with the terms of this Agreement, for the following real estate: _________________ apartment with a total area of ​​____ (__________________________) sq. m. m, located on the _______ floor, located at the address: ______________ region, city ________________, street ______________, building ___ (________), apartment ___ (_________).
2. The specified apartment belongs the “SELLER” on the basis of _______________________________________________________________________________________________. The property right is registered ______________________________________________________________, which is recorded in the Unified State Register of Rights to Real Estate and Transactions with It in the year ______________, registration entry No. _____________________, which is confirmed by the Certificate of State Registration of Rights, form: series _________ No. ____________.
3. belonging to the “SELLER” , by mutual agreement of the parties to this Agreement, is sold for ___________ (_____________________) rubles.
4. The settlement between the parties to this Agreement is made at the expense of the BUYER’s as follows:

— A sum of money in the amount of _________ (________________) rubles as payment for the purchased apartment was paid by the “BUYER” in cash to the “SELLER” on the day of signing this Agreement, which is confirmed by a receipt from the “SELLER” ;

The “BUYER” funds in the amount of ______________ (___________________________) rubles in a safe deposit box.

The specified safe deposit box (safe) is provided to the “BUYER” by Bank ___________________ (location: _________________________________________________; BIC __________; INN _______________; cash account _____________________________________________).

The “SELLER” has the right to withdraw funds from the safe deposit box in full after state registration of the transfer of ownership of the apartment to the “BUYER” .

1. The parties agreed that, in accordance with paragraph 5 of Article 488 of the Civil Code of the Russian Federation, the “SELLER” does not have on the apartment . Confirmation of the final payment is a receipt from the “SELLER” confirming receipt of funds for the sold apartment.

1. The parties are aware that the agreement on the price is an essential condition of this Agreement and if the parties conceal the true price of the apartment and true intentions, they are independently responsible for the occurrence of negative consequences.
2. In accordance with Art. 551 of the Civil Code of the Russian Federation, the “BUYER” acquires ownership of the apartment alienated under this Agreement from the moment of state registration of the transfer of ownership from the “SELLER” .
3. The “BUYER” carries out, at his own expense, the repair and operation of the apartment purchased by him under this Agreement in accordance with the rules and regulations in force in the Russian Federation for the state and municipal housing stock.
4. Contents of Art. 8.1,167, 209, 223, 250, 288, 292, 433, 460, 461, 549-557 of the Civil Code of the Russian Federation, art. 17, 30, 36-39, 158 Housing Code of the Russian Federation, art. 34 and 35 of the Family Code of the Russian Federation, Part 1 of Art. 40 of the Tax Code of the Russian Federation is known to the parties.
5. The consent of the spouse of the “SELLER” to the sale of the above apartment is available.
6. At the time of signing this Agreement, a citizen was registered in the alienated apartment. __________________, which is confirmed by an extract from the registration card and apartment card dated _______________.
7. The parties agreed that the deregistration of the above person, the release of the alienated apartment and the transfer of the keys to it are carried out within ____ days from the moment of state registration of the transfer of ownership of the apartment to the “BUYER” .
8. The “SELLER” undertakes, from the moment of signing this Agreement until the actual transfer of the apartment to the “BUYER” , not to worsen the condition of the apartment, not to rent it out, rent it out, for free use, not to burden the use rights of family members of the “SELLER” in accordance with Art. 292 of the Civil Code of the Russian Federation, as well as other rights of use that remain in accordance with the law after the acquisition of the apartment by the “BUYER” .
9. In accordance with Article 556 of the Civil Code of the Russian Federation, the transfer and acceptance of an apartment is carried out according to a transfer deed, which, by mutual agreement of the parties, is signed on the day of signing this agreement. “ BUYER” is satisfied with the quality condition of the apartment he is purchasing, as established by its inspection, which he carried out before concluding this Agreement, and did not discover during the inspection any defects or shortcomings that were not reported to him by the “ SELLER” . “ SELLER” transfers the apartment to the “BUYER” unencumbered by rent arrears. The risk of accidental destruction of the apartment passes from the “ SELLER” to the “ BUYER” at the moment of the actual vacancy of the apartment and the transfer of the keys to it. During the time before the actual transfer of the apartment to the “BUYER”, the “SELLER” undertakes to pay all utility bills.
10. The “SELLER” guarantees that before the signing of this Agreement, the alienated apartment has not been sold to anyone, not given as a gift, not mortgaged, not encumbered with the rights of third parties, and is not in dispute or under arrest (ban).
11. The parties, guided by Art. Art. 421 (freedom of contract), 461 (responsibility of the seller in case of seizure of goods from the buyer) of the Civil Code of the Russian Federation, came to an agreement that in the event of termination of this agreement by the court, or recognition of it as invalid by the court due to circumstances arising through the fault of the “ SELLER” , including due to the violation of the rights of third parties, which the court considers subject to satisfaction, and the seizure of the apartment from the “ BUYER” , the “SELLER” undertakes to purchase in the name of the “BUYER” a residential premises (apartment) of equivalent consumer qualities in a house of a similar category, in the same area of ​​​​the city of Unknown or provide the “BUYER” with funds for the independent purchase of residential space (apartment), based on the cost of similar housing existing on the real estate market at the time of termination of this agreement or its recognition by the court as invalid, as well as reimburse all losses and expenses by the “BUYER” related to the purchase of this apartment. In this case, the apartment cannot be withdrawn from the “BUYER” until the above obligations are fully fulfilled and all losses and expenses are fully compensated. The Parties to the Agreement confirm that they are not deprived of legal capacity, are not under guardianship or trusteeship, do not suffer from diseases that prevent them from understanding the essence of the Agreement, and there are no circumstances forcing them to enter into this Agreement on extremely unfavorable conditions for themselves.
12. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes and invalidates all other obligations or proposals that may have been accepted or made by the parties, whether oral or written, prior to the signing of this Agreement.
13. In accordance with the current legislation of the Russian Federation, this agreement is considered concluded from the moment of its signing. The transfer of ownership is subject to state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography for the Moscow Region.
14. The costs of concluding this Agreement and state registration of the transfer of ownership are paid by the “BUYER” .
15. This Agreement may be terminated in accordance with the procedure established by law.
16. This agreement is drawn up in 3 (three) copies, one copy for the parties to the Agreement, one copy is stored in the Office of the Federal Service for State Registration, Cadastre and Cartography for a Certain Region.

SIGNATURES OF THE PARTIES:

"SALESMAN"______________________________________________________________________________

FULL NAME.

"BUYER____________________________________________________________________________

FULL NAME.

Example No. 2

Contract of sale of an apartment

Russia, city of Rostov-on-Don, January fifteenth, two thousand and nineteen

Agreement for the Purchase and Sale of an Apartment by Power of Attorney 2023

Such subtleties can greatly affect the cost of the residential premises and the conditions under which the transaction will be carried out, so you need to take this kind of check very seriously. After signing a contract for the sale and purchase of an apartment or house, it is necessary to carry out its state registration, otherwise it will not be considered valid.

The person for whom the power of attorney is issued and will participate in the operation. In this case, the entire process will not have any significant differences; you will only need to include in the sales contract form information about the person who will fulfill his obligations under the power of attorney.

Documents from the owners (sellers) for the sale of an apartment in 2023, when buyers with a mortgage

There are 2 extracts: regular and archival. A regular statement lists information about people registered in housing at the moment. The archive contains information about all those who were registered earlier + who were temporarily discharged + who have the right to register in the future (for example, those who are in prison).

Some banks order it themselves, some require it. The extract replaces certificates of registration of rights and cadastral passports, which have not been issued since June 2016. It shows the full names of the owners, whether there are any encumbrances/restrictions on the apartment, etc. If the bank requires you to provide it, then it is better to order a paper one. Read the link to find out how to order it.

Sample agreement for the purchase and sale of an apartment by power of attorney 2023: rules for drawing up and content of the main points

There are many cases when it is necessary to take some action in relation to one’s property, but the owner himself does not have the opportunity to do this.

There is a way out of this situation - to issue a power of attorney, to whom you can entrust such an important issue. Often such a document is issued for a relative, but there are exceptions.

In relation to real estate, for example, in order to conclude an agreement for the purchase and sale of an apartment by proxy, you can contact a trusted and experienced realtor.

• Discuss all the nuances before the transaction, when the keys will be handed over (according to the standard, the document states that they will be handed over on the day the contract is signed), the final price, how the funds will be transferred, who will bear the costs of the transaction (usually all government fees are paid by the buyers, but It happens that sellers also pay expenses. For example, if the transaction is a mortgage, then the owner of the apartment pays for the certificates that are required from the seller).
• The agreement is drawn up in simple written form on a computer or by hand. If you still cannot draw up the document in person, you can turn to a lawyer or realtor for help, but you will need to pay for such a service.
• Three copies are made, one for Rosreestr or MFC, another for sellers, and the third for the buyer. If there are more people taking part in the transaction, then they make up for all participants in the transaction.

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Apartment purchase and sale agreement 2018 – 2023 (download sample)

Based on the above, we believe that the condition in the real estate purchase and sale agreement on the seller’s obligation to “purchase the Buyer an equivalent residential premises in a house of a similar category in the same area, as well as compensate for all losses incurred and expenses associated with the acquisition of this apartment” in the event of repossession apartment from the buyer, does not comply with the provisions of the Civil Code of the Russian Federation and is not mandatory for the seller.

There are standard forms of agreements under which residential premises (including apartments) owned by constituent entities of the Russian Federation and municipalities are sold to citizens.

Thus, a standard form of a contract for the purchase and sale of residential premises, which was built at the expense of the budget of the city of Moscow and is in its ownership, has been approved (Order of the Housing and Housing Department of the City of Moscow No. 2301 dated 29.

08.2008).

Agreement for purchase and sale of an apartment by proxy

1. The Seller sold, and the Buyer bought, an apartment with a total area of ​​____________ sq.m., in an apartment building, located at the address: Kamchatka Territory, city (settlement)________________________________, street _____________________________________, house ____________, apartment __________.

But in practice, there are cases when the buyer or seller cannot conclude an agreement on their own. There can be quite a few reasons for such a situation (for example, being busy, not wanting to deal with paperwork, etc.). In such a situation, the purchase and sale agreement can be concluded by proxy. In this case, a representative acts on behalf of the seller or buyer.

Sample agreement for the purchase and sale of an apartment by power of attorney 2018

1. Design of the "header". Here it is important to indicate the name of the agreement, the place of its signing and the date of the transaction;
2. The second stage is that it is necessary to enter important information about the parties to the transaction.

   This usually includes contact information, information about the authorized representative of the owner of the property, who for one reason or another is not able to be present at the time of the transaction. But of course, this is the data of a citizen who is planning to purchase an apartment;

3. You should describe in detail the information that relates to the property.

   Here its important characteristics are indicated, for example, the number of rooms, area, etc. It is mandatory to indicate a list of necessary documents that belong to the seller;

4. Do not forget that questions that will concern the cost and calculation of funds are always important.

   This stage consists of the fact that here you will need to indicate the cost of the apartment, the method of calculating funds;

5. Issues related to the agreement and execution of the transaction play an equally important role.

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Moreover, you will definitely need to indicate the persons who are registered in this apartment. Based on paragraphs 11, 12, write the 13th. Naturally, you should remember this. Since it is he who will indicate that the seller does not have the opportunity to use the property in connection with the signing of the document. Highlighting standard points 15-21, they are also mandatory.

Sample purchase and sale agreement for a share of an apartment 2023 Rosreestr

The right of first refusal does not apply when the purchase of a share in an apartment is made by the owner of the shared property, who is the payer of rent under an agreement on lifelong maintenance with dependents.

Difficulties in drawing up an agreement on the sale of a share in an apartment According to the Civil Code of the Russian Federation, citizens can dispose of property classified as shared ownership by agreement of all participants in such property.

It's fast and free! Subject of the agreement A transaction for the purchase and sale of an apartment is impossible without drawing up an agreement according to a standard sample. Chapter 30 of the Civil Code of the Russian Federation establishes a list of information that the text of the document must contain. A sample apartment purchase and sale agreement, relevant for 2015-2019 for Rosreestr, can be downloaded here.

Apartment purchase and sale agreement by power of attorney

Each party to the purchase and sale of an apartment can complete the transaction not only personally, but also through his representative, who will act under a notarized power of attorney.

This option has several legal features that are necessarily reflected in the apartment purchase and sale agreement: a sample of this document, as well as possible risks for the seller and buyer, are described in detail in the material.

All types of threats boil down to one thing: a trusted person acts on behalf of the owner illegally, which means that the transaction may subsequently be declared invalid (or problems will arise with the transfer of money or registration of ownership of the apartment):

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List of documents for selling an apartment in 2018-2019

Selling an apartment is a troublesome business. The difficulty lies not only in finding a buyer and preparing a contract, but also in the need to collect an impressive pile of papers. In this article we will look at what documents are needed when selling an apartment in 2018-2019 and provide a standard list.

• the child’s birth certificate and his passport, if he has reached 14 years of age;
• certificate of ownership of the apartment or extract from the Unified State Register of Real Estate;
• parents' general passports;
• preliminary purchase and sale agreement;
• application issued by a specialist of the guardianship authority.

What documents are needed to sell an apartment in 2018 from the owner - list

Selling an apartment is a responsible matter for the owner.

To complete a transaction, the seller needs to collect a certain package of documents: to provide to the buyer, if he wants to check the legal purity of the object and the seller, and to Rosreestr to register the transfer of ownership.

The list of documents for selling an apartment in 2018-2019 can be divided into main and additional. The main one includes documents for a “simple” transaction, when it is enough to provide only a purchase and sale agreement with an application and state duty to Rosreestr.

But most often there are “complex” transactions when there are several owners (including minors) on the seller’s side, and the buyer finances the transaction with credit funds or uses maternity capital. In this case, a lot of additional documents will be required.

Only privatized housing can be sold. If this procedure is not completed, the apartment belongs to the state or municipality, but is not the personal property of the citizen living in it; he exercises only the rights of a tenant.