Preliminary agreement for the sale and purchase of a share in an apartment (sample) 2023

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A preliminary agreement for the purchase and sale of an apartment is a document confirming the intention to buy housing, secured by a deposit.

Basically, buyers make an advance payment and prepare written documentation to accompany it in order to secure the right to purchase a new building or a secondary apartment. Accordingly, the seller removes the apartment from sale, i.e.

deletes all possible advertisements, and when a call is received from other buyers, viewing is denied.

What is a preliminary purchase and sale agreement and why is it needed?

Drawing up advance papers is a common occurrence when purchasing housing. It is not necessary to formalize it according to the law; you can immediately enter into a deal, i.e. go to the registration chamber with the money. The preparation of a preliminary agreement is regulated by Art. 429 of the Civil Code of the Russian Federation.

It is similar in structure to a sale and purchase, but it does not need to be registered with Rosreestr or with a notary. It states all the previously agreed conditions for its conclusion, the expected date of the transaction, cost, etc.

It must be concluded for several reasons:

• The buyer does not have the immediate funds to purchase. It is possible that he himself expects to receive, for example, after the sale of his own home;
• Residential premises are purchased with a mortgage. To purchase a home with a mortgage, the bank needs to consider it as collateral, i.e. In any case, the borrower must wait for the bank's decision. It also takes time to collect missing documents to provide to the loan specialist;
• There is no documentation for the property or there are typos in the papers. It will also take some time to replace old documentation with new one.

Compilation rules

For a preliminary agreement, a simple written form is acceptable (it is advisable to type it on a computer and then print it out on A4 sheets, then the document will be more serious).

When writing it, you can’t do without:

1. Identity cards of the parties to the transaction.
2. Technical or cadastral passport for the object.
3. Certificates or extracts from the Unified State Register of Real Estate.

In the preliminary agreement for the sale and purchase of a share of an apartment, just as in a regular agreement, you need to include the following information:

• In what order is the advance payment and the remaining amount paid?
• How is real estate transferred?
• Down payment price.
• Registration conditions.
• Subject of the transaction.
• What rights do sellers and buyers have and what are the responsibilities of each of them?

Sometimes they add a clause that states that the contract cannot be terminated. How can I terminate it if I really need to? Answer: it is possible to terminate the preliminary purchase and sale agreement only in court.

Sample preliminary agreement for the purchase and sale of an apartment with a deposit (advance payment)

The document must indicate:

1. The selling price of the home and the down payment price, and when the buyer agrees to pay these amounts. Often the advance is transferred upon signing the document itself, and the remaining part directly on the transaction itself, i.e. upon signing the main purchase and sale agreement.
2. All citizens who live in the same living space as the seller (their full name and passport data).
3. If the owner does not live in the territory being sold, then you need to indicate his registration, or even better, his actual address.
4. Write that the apartment is guaranteed neither under arrest, nor in collateral, nor in the ownership of third parties.
5. Any document has a validity period, the same applies to the preliminary agreement.
6. Payment order. How does a buyer calculate what percentage of the full price for the property he/she will pay as a deposit? Typically, the amount of a preliminary purchase and sale agreement with an advance or deposit is no more than 5-10% of the cost.
7. Responsibility of each party. For example, termination of the preliminary purchase and sale agreement is possible, but he must return the deposit. And if the seller refuses to sell the apartment under a preliminary agreement where it says “deposit”, he is obliged by law to pay double the amount of the advance payment. And the buyer will be left without his deposit, as judicial practice shows, if the transaction is not completed through his fault. Accordingly, by law, the funds remain with the sellers.

Important! Attached to the document is a receipt for receipt of funds in cash equivalent, handwritten by the seller (owner of the apartment) with all the data from the passport, signature and date. You can download the preliminary purchase and sale agreement form here.

Content

A preliminary agreement for the purchase and sale of an apartment is drawn up in several stages according to the sample.

Stage 1. Cap is written.

Name, city, district, date of preparation of the paper. The number is set on the day the document is signed by the seller and buyer.

Stage 2. Data from each party.

The full name of each party is written here, i.e. seller and buyer. Also their passport details and registration.

Important! If, according to the certificate or extract from the Unified State Register, there are several owners, then they are all necessarily indicated in the contract and will appear by agreement for sale as a whole; in the worst case, there are risks that even the transfer of the deposit will be declared invalid.

There is an option to write a power of attorney for one of the owners if the property is shared, and if it is jointly owned, obtain the notarial consent of the spouse to sell the apartment.

Consent from a notary will also be required if the apartment was purchased by one of the spouses, but they were already married.

Stage 3 Invariable clauses about the intentions of the parties to the transaction. Those. on the subsequent conclusion of the main agreement in Rosreestr.

Stage 4. Subject of the transaction.

1. Data about the property. Cadastral number, apartment address.
2. Property parameters, footage, floor.
3. On the basis of which the object belongs to the seller. Information from the certificate or extract from the Unified State Register.

Stage 5. Cost of the apartment. It is written according to a pattern in numbers and letters.

Stage 6. Deadline for signing the main agreement.

1. Clause 6 must be discussed in advance and cannot be changed, since the final amount must be specified in the purchase and sale agreement.
2. Point 7 reflects that there are no pitfalls, i.e. that there are no encumbrances or prohibitions on the apartment.
3. Clause 8. All costs are borne by the buyer. It is a rare case when cash expenses are divided in half or the seller pays.
4. The place and time of signing the document is indicated in paragraph 9.

Stage 7. What regulates the terms of the contract.

Stage 8. By law, the previous owners are required to sign out.

Stage 9. Phone number, if there is a landline in the apartment.

Stage 10. Unchanged points 13 and 14.

Stage 11. The amount of the deposit and the remaining funds are prescribed in paragraphs 15 and 16.

Stage 12. Unchanged points 17 to 29 are prescribed, in accordance with the law.

Stage 13. Both parties sign.

Sample preliminary purchase and sale agreement with Sberbank mortgage

The preliminary purchase and sale agreement for a mortgage using the form must reflect the following information:

• City and date when the document is issued.
• Information about each party (if a representative is involved in signing, then data from the power of attorney).
• All information from the document on ownership (location, shared or joint ownership, area of ​​living space).
• Price per apartment.
• Payment procedure. Advance payment, the remaining amount that the bank issues directly to the seller after signing the main purchase and sale agreement.
• Validity period of the paper.
• Information about those registered in the apartment.
• Who pays the costs?
• Time of registration of the main purchase and sale agreement.
• Signatures of the parties.

Note! The title of the document indicates that the apartment is purchased using borrowed funds.

Sberbank approves a loan only after submitting the PDCP, which contains the signatures of the seller and the buyer.

How to draw up a preliminary agreement for the purchase and sale of an apartment in accordance with the requirements can be found out from bank employees. You can download a sample preliminary policy agreement with a Sberbank mortgage here.

Content

Drawing up a preliminary purchase and sale agreement without a deposit, as well as with it, is done in several steps:

Step 1. Create a header.

Indicate:

• The name of the document, in our case – “preliminary agreement for the purchase and sale of an apartment”, does not include a period.
• City, region, region.
• Number.

Step 2. Information about each side.

The following must be written:

• Full name of the seller (there are several of them), data from the passport - date and place of birth, registration, series and number.
• Full name of buyers and information about them from their passport.
• If a representative participates in the signing, then all information is from the power of attorney.

Step 3. Apartment details.

Usually prescribed:

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

Step 4. Transfer of money.

Here they write:

• The price of the residential premises is indicated.
• What is the settlement procedure between the buyer and seller.
• It is prescribed that the apartment is sold without encumbrances, debts or other prohibitions on sale.
• Next they write about the unchanged cost of housing after the conclusion of the document.

Step 5. Conducting a transaction.

They write the following:

• In paragraph 2.1.4 they indicate that, according to the law, an apartment purchased with a mortgage will be pledged to the bank, and the data from the loan agreement will be specified here.
• 1.6 talks about the quality of the transferred apartment, i.e. The seller should not change the layout, much less remove a gas stove or toilet, for example.
• Validity periods are written in 2.1.7.
• 1.8 talks about registered and unregistered citizens in the apartment.
• 1.9. about who pays the costs of the transaction. Usually this is the buyer.

Step 6. Immutable items under number 3 are written down, along with the due date and final annexes under number 4.

Step 7. The agreement is signed by the parties.

The parties to the transaction sign (indicate their surname and initials). The same action is performed by a citizen by proxy, signing for the person who instructed him to participate in the transaction for himself (write down his last name and initials). The preliminary purchase and sale agreement for a share of an apartment indicates the owner of the share.

Registration

According to the 2023 legislation, registration of preliminary agreements is not required. They are essentially needed for legal confirmation of the advance payment. In Rosreestr you can only draw up the main purchase and sale agreement.

Note! The terms “advance” and “deposit” are different! The buyer can return the advance, but the deposit cannot. When writing the term “deposit”, be careful, since funds are not returned, even in the event of litigation.

Conclusion

Why do you need a preliminary purchase and sale agreement? It is necessary when purchasing housing, since citizens do not carry large sums of money with them. Who needs to order money from the bank, and usually the wait is about 3 days.

Someone may have a home loan or are selling their own home and are expecting funds. The contract drawn up is necessary for the buyer, since the right to purchase remains with him.

And it gives the seller guarantees that the buyer will definitely buy it, and if not, then the seller will even remain in the black, because the advance payment is not refundable.

You will learn more about how to sell an apartment yourself below.

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What is a preliminary agreement for the purchase and sale of an apartment: sample 2023 Link to main publication


Five important rules for drawing up a sample preliminary agreement for the purchase and sale of a share in an apartment

Legal registration of the purchase and sale of real estate is a rather complex and responsible process.

Especially if the transaction concerns a share, as special requirements and nuances arise.

In such cases, a preliminary purchase and sale agreement is often concluded. How it is useful, read in this article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 577-04-19. It's fast and free!

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The concept of shared ownership of real estate

An apartment or house may have more than one owner, but several. Such property may be:

• share;
• joint.

In the first case, it is determined exactly what share each owner has. This often happens if housing is received by inheritance or after privatization.

• Shares may be equal or different.
• The second option assumes that the property is managed jointly, without determining the size of the shares.
• This form is typical for housing purchased by spouses jointly.
• With shared ownership, control and responsibility are more separate.

Taxes and fees are paid by each owner based on his share in the property. The shares can be disposed of, for example, sold.

IMPORTANT! Other owners have a pre-emptive right to repurchase.

Therefore, first be sure to offer to buy a share for them. And only if the co-owners refused the ransom or did not respond within a month, a sale “outside” is possible.

Moreover, the price offered to the owners of the remaining shares should not be lower than in a transaction with an outsider.

Please note: all transactions with real estate shares must be notarized.

Among other things, the notary checks whether other owners are informed about the sale. But if they sell housing together in one transaction, confirmation of this will not be required.

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The preliminary agreement specifies the main provisions that will be specified in the main agreement. The item of sale must be described (so that it can be clearly identified), the price stated, etc.

This agreement has its own peculiarities. As a rule, a preliminary agreement is concluded for a certain period. If the period is not specified, it is considered equal to a year.

Preliminary purchase and sale agreement for a shared ownership apartment (sample)

Preliminary agreement for the sale and purchase of a share in an apartment (form)

Legal basis

The main points and concepts related to joint ownership are covered by the Civil Code of the Russian Federation:

• in Articles 246 and 247 - how to use and dispose of it;
• in 249 - how to bear expenses associated with such property;
• in 250 and 251 - about the features of the sale;
• in 252 - about how to divide and highlight shares.

The nuances of concluding a preliminary agreement and the requirements for it are contained in Article 429 of the Civil Code of the Russian Federation.

Preliminary agreement for the purchase and sale of a share in an apartment

1. Quite often, a preliminary agreement is concluded when buying and selling a share in an apartment.
2. On the part of the seller, one of the owners, some of them, or all of them participates.
3. There may also be one or more buyers.

In what cases is it compiled?

Selling real estate, especially an interest in it, is a complex process.

Sometimes quite a lot of time passes from the negotiation stage to the actual sale. The seller is required to obtain a waiver from other owners.

And the buyer may need time to collect money, for example:

• obtain mortgage approval;
• complete another transaction;
• obtain permission to use maternity capital;
• etc.

In such cases, a preliminary agreement is drawn up.

It serves as an obligation to conclude a transaction on certain conditions (agreed upon by the parties). Often in such situations a deposit is paid.

What is it for?

The preliminary agreement fixes the main provisions of the purchase and sale. Neither the seller nor the buyer will be able to change them unilaterally.

In particular, the seller will not “raise” the price, which the buyer may not be ready for. And the buyer will not delay the deal or try to “bring down the price.”

What guarantees to the parties?

The preliminary agreement contains the same conditions that will later be spelled out in general.

That is, the parties receive a guarantee that the agreements will not change. In particular, the cost will not increase or decrease.

Attention! However, such a document does not provide a complete guarantee of obtaining housing.

Even the court will not be able to change the ownership in this case. But the party guilty of failure to fulfill the contract pays a penalty and/or loses the deposit.

Design nuances

1. Full name of the seller and buyer.
2. A specific property (type, location, cadastral number, area, etc. are recorded).
3. What share is being sold?
4. At what price.
5. At what time?
6. Is there a deposit?
7. How the final settlement occurs (including whether a safe deposit box or letter of credit is used).

The preliminary agreement is drawn up in several copies: one for each of the parties and another one for registering the transaction in the Unified State Register of Real Estate.

That is, the total number will be at least three. Each copy is signed by all participants.

If one of them is unable to attend, a representative acts in his place . To do this, a power of attorney is issued by a notary.

All transactions with shares must be certified by a notary. Therefore, notarization is required for a preliminary contract for the purchase and sale of a share of real estate.

• A preliminary purchase and sale agreement is a written commitment to conclude a transaction.
• It lists all the important points of the main contract.
• The preliminary contract for the purchase and sale of a share of real estate, like the main one, must be certified by a notary.

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Preliminary agreement for the sale and purchase of a share of an apartment

Each of the parties involved in the sale of residential real estate wants to receive certain guarantees that the purchase and sale will take place.

In the course of real estate transactions, a truly effective and reliable method of fulfilling this wish was invented - drawing up and signing a preliminary agreement.

It indicates all the points relating to the upcoming transaction. The drafting of this agreement should be approached as responsibly as the drawing up of the main contract.

Standard sample of a preliminary agreement for the purchase and sale of a share of an apartment

The approximate format of a preliminary agreement for the sale and purchase of a share of an apartment contains the following points:

• introductory part. The full last names, first names and patronymics of the parties to the transaction, as they will be designated further in the text of the agreement, and personal data are recorded;
• item. In its capacity is the intention of those participating in the transaction to carry out a subsequent transaction for the purchase and sale of residential real estate (share/shares of an apartment), its postal address can be written down briefly, indicating the subsequent section.

• Content
• The preliminary agreement contains all the required information about the residential property in relation to which the purchase and sale operation is being carried out, the parties to the transaction and the selling price.
• In addition, the document indicates the method of calculation and other points:

• deadline for submitting money for payment;
• legal details of the power of attorney (if housing is sold on the basis of this document);
• time and place of preparation, signature. If a deposit is used, its amount is indicated.

Required items

Items that must be included in the preliminary agreement:

• terms and regulations for drawing up the main agreement for the purchase of an apartment;
• settlement option;
• the amount of the deposit, if applicable;
• legal data of the power of attorney in case of signing the agreement by a trusted person.

The listed points are valid if there are significant conditions specified above. If at least one of the required clauses is not included, the contract will not be considered valid.

To accurately draw up a preliminary contract for the purchase and sale of real estate, you should use a sample contract.

The object of sale are shares in the right of ownership of real estate, isolated in kind or present only “on paper” (1/2, 3/4, etc.), without delineating boundaries.

In turn, the owner, who owns the entire living space, can sell it in shares to several buyers. The item is described in as much detail and completeness as possible; inconsistencies in the description are unacceptable.

Specify the address, area, placement of rooms, floor, characteristics of the house (BTI details), cadastral number. It is possible to write down a message in the contract on the cadastral passport of the object and issue it as an addition. It is necessary to distinguish between a part in the right of ownership and a room in a “communal apartment”.

IT IS IMPORTANT: to recognize the item and justify the authority of the seller, you should definitely obtain the USRN information from Rosreestr.

Residential property must be registered in the cadastral register and have a personal number.

In the case when the transferred parts are formed, it is necessary to understand in detail the history of their origin (controversial division, established or fixed order of use, inheritance, etc.).

The cost of each share (Article 555 of the Civil Code of the Russian Federation). Those participating in the purchase and sale of real estate undertake to carry it out at the previously agreed price. The main danger is the rapid change in the price per square meter of residential real estate. List of citizens who will retain the right to housing (Article 558 of the Civil Code of the Russian Federation).

If the apartment is completely vacated, it is recommended to determine a specific period and demand that all citizens registered there be deregistered. Ideally, you should require from the seller an archival extract from the house register, which indicates all citizens ever registered and the reasons for their departure.

The buyer of a home, having concluded a preliminary contract, can cancel it if a better option is found. But we must not forget that the deposit paid at the conclusion of the preliminary agreement will remain with the seller of the apartment.

Consequently, the seller will be reimbursed for probable costs during the time of booking the property for the buyer. In a situation where the cancellation of the contract occurs at the initiative of the seller, he will have to pay the buyer an amount equal to two deposits. If the contract was concluded without a deposit, then there are no penalties.

Preliminary agreement for the purchase and sale of an apartment: sample 2023, with a deposit, with an advance payment - All about finance

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One of the documents that is valid in housing transactions is a preliminary agreement for the purchase and sale of an apartment (DKP) , concluded by the parties under Art. 429 of the Civil Code of the Russian Federation. It serves as a guarantee if the buyer does not have enough money and time to make a one-time payment for the purchased home or check documents. Such an agreement is valid subject to its form, type, and the presence of mandatory conditions. Otherwise, the deal may be declared invalid.

Its conclusion allows the parties to smooth out the corners when drawing up the main deal, to better prepare the deal, and to protect it from adverse consequences. Notarization of the document is not required, but is advisable.

Differences between the main contract and the preliminary one

The contents of both agreements are similar; their subject is purchase and sale. Their legal consequences differ. In advance they guarantee that the purchase and sale transaction will be completed within the prescribed period. The buyer undertakes to buy within the specified period, and the seller to sell the apartment for the specified amount.

Their differences are as follows:

Preliminary

1. Written form.
2. The subject is the intention to purchase an apartment.
3. Deadline for signing the main one.
4. Condition for paying an advance or deposit.

It does not need to be registered with Rosreestr.

DOWNLOAD Preliminary agreement for the purchase and sale of an apartment sample 2023

Basic

1. Subject - transfer of rights to housing for a specified amount.
2. The fact of signing means the transfer of title to the property.
3. Contains the method and form of payment for the entire cost.
4. Registration with Rosreestr is required.

What should be in the contract

The agreement is in the same form (written Article 160 of the Civil Code) by analogy with the main one.

He contains:

1. Introductory part indicating the date and place of registration, identification of the parties.
2. Subject: the parties intend to sell and buy an apartment.
3. A detailed description of the apartment being purchased: address, year the house was built, material, area, number of rooms, floor and other data.
4. The main part: terms, cost, deposit, guarantees, sanctions.
5. Conditions for execution of the main agreement, according to which the buyer will receive ownership of the apartment and its full price.
6. The period of validity of the preliminary agreement, during which the main contract will be signed and the apartment will be transferred into the ownership of the buyer. In the absence of this clause, the period is one year according to clause 4 of Art. 429 Civil Code.
7. Instruments for guaranteeing the main transaction (advance payment, judicial procedure, financial liability, deposit).
8. Rights and obligations.
9. How disputes are resolved.
10. Registration addresses, telephone numbers, full names and signatures of the parties (representatives).

If, within the specified period, the buyer evades signing the main DCT, and another instrument of influence is not specified, the seller has the right to force him through the court under Art. 445 Civil Code for the purchase of an apartment.

What to consider

To prevent the agreement from becoming void and to avoid problems with signing the main agreement, the parties should take into account and reflect in it the following points:

• the legal capacity and capacity of each party;
• absence of encumbrances, rights of third parties and violated rights of minors to the purchased housing;
• the price of the apartment in full;
• passport and registration details, telephone numbers.

Additional clauses of the contract establish:

1. the period within which the seller is obliged to prepare all documents;
2. the procedure for providing the buyer with copies;
3. inspection of housing and its technical condition;
4. procedure for checking the accuracy of submitted documents;
5. the amount of the advance or deposit, as well as the terms of discounts on them;
6. who bears the costs of the transaction and in what shares, pays state duties;
7. who pays for the services of renting a safe deposit box if it is used when transferring money;
8. other points at the discretion of the parties.

Terms of deposit and advance

A deposit or advance guarantees the completion of the transaction. This is very important for the seller. The concept of a deposit, the form of the agreement and the consequences of its failure are contained in Art. 380, 381 Civil Code. The deposit agreement is concluded in writing, regardless of its amount, or its clauses are included in the preliminary contract agreement.

In the absence of a written agreement, the deposit is recognized as an advance. If the buyer does not fulfill the terms of the contract with the deposit , the money will remain with the seller. If the seller does not fulfill it, he will return double the amount of the deposit to the buyer.

If the transaction is under an agreement with an advance payment, its amount is subsequently included in the cost of the purchased housing.

The deposit or advance payment is set in a fixed amount or as a share of the price of the apartment. Moreover, its price indicated in the DCP must be at least 70% of the cadastral price.

The recommended form of the deposit agreement is here.

Samples and forms of preliminary agreements

The usual form is shown here.

In a transaction for purchasing an apartment with a mortgage, the third party to the transaction is the bank. Both the bank and the seller will be responsible for its failure. The 2018 sample is available for download here.

The form of agreement proposed by Sberbank is somewhat different when it participates in the transaction. A sample document required by Sberbank is given here.

Legally, a court may recognize business correspondence via SMS, mail, telegraph, e-mail, or telephone conversations as a preliminary agreement.

Documentation

Documents required for registration:

• for housing (deeds of title, appraisal and others);
• notarized power of attorney (with the participation of a representative);
• passports of the persons concluding it.

A preliminary agreement is an important document that guarantees the rights of the buyer and seller in a real estate transaction.

Its signing will protect the parties from its possible adverse consequences. Samples that can be downloaded on the Internet will help you draw up a document correctly.

The participation of a lawyer or notary in its preparation will allow the parties to avoid mistakes and protect their interests in court.

© 2018, All about finance. All rights reserved. Copying materials only with the permission of the author.

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Preliminary agreement for the purchase and sale of an apartment

In the case where it is impossible to conclude a simple purchase and sale agreement (SPA) immediately, but the parties have an intention to complete a transaction in the future, it is possible to conclude a preliminary purchase and sale agreement . The subject of such an agreement is the obligation to conclude a transaction for the sale of the apartment, on the same terms that were originally fixed.

The document must indicate the terms of the transaction, the price, the rights and obligations of the parties, the amount of the deposit paid, as well as the terms and conditions of payment for the apartment. An agreement is only valid if it is concluded in writing .

A preliminary agreement is also needed to obtain permission from the guardianship and trusteeship authority to conclude a transaction if the apartment or part of it belongs to a minor child. If an apartment is purchased using mortgage funds , a preliminary document must be submitted to the bank for verification in order to receive a loan.

The document does not need to be registered; if desired, it can be notarized . The contract can be terminated by agreement of the parties, as well as unilaterally or in court.

Preliminary purchase and sale agreement - what is it and why is it needed?

A preliminary purchase and sale agreement is a document that records the parties’ intentions to conclude a deal in the future. The agreement sets out conditions and requirements that, after signing, are considered unchanged and will be contained in the main DCP .

Preliminary PrEP is concluded in the following cases:

• the seller does not yet have the necessary documents for the apartment;
• at the time of conclusion of the transaction one of the parties is absent;
• The buyer does not have enough money to purchase.

The procedure for concluding a preliminary agreement is established by Art. 429 of the Civil Code of the Russian Federation. The document is drawn up according to the same rules as the main agreement.

How to draw up a preliminary agreement for the purchase and sale of an apartment

The preliminary contract is drawn up in writing in 2 copies for each party to the transaction. The subject of the agreement is the obligation to sign the main contract in the future.

The preliminary agreement specifies:

1. Passport details of the parties . All apartment owners must be included in the agreement. If the property is joint, the seller must provide a notarized agreement for the transaction.
2. Exact parameters of the apartment . The area, floor, address, number of rooms, cadastral number are indicated.
3. Transaction date . The deadline is written in numbers and words to avoid double interpretation. If it is not specified, the main DCT must be concluded within a year from the date of signing the preliminary one (clause 4 of Article 429 of the Civil Code of the Russian Federation).
4. Final price . The exact cost of the apartment is determined, and after signing the agreement it remains unchanged.
5. Payment order . It is indicated in what form payment will be made - in cash or by bank transfer. If payment will be made by bank transfer, bank account details must be indicated. The deadline for final payment is also specified.
6. Liability for breach of contract . The parties can prescribe penalties in case of failure to fulfill contractual obligations. Participants also have the right to add a cancellation clause to the agreement.
7. Obligations of the parties to carry out preparatory activities before concluding the main agreement. For example, an extract from a citizen’s apartment, expenses for completing a transaction, etc.
8. Information about cash collateral or advance payment . The contract must indicate the amount of deposit paid by the buyer (usually no more than 10% of the transaction amount).

When buying an apartment with a mortgage

If an apartment is purchased with a mortgage , drawing up a preliminary DCT is mandatory . 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

An advance payment when purchasing an apartment can be made in the form of a deposit or an advance payment . These two terms are different:

• the deposit remains with the seller if the buyer refuses to purchase the property; Moreover, if the seller refuses to sell the apartment, he must return the deposit to the buyer in double size (clause 2 of Article 381 of the Civil Code of the Russian Federation);
• The advance payment is only an advance payment; if the contract is not concluded, the seller simply returns it to the buyer.

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 deposit (advance) . 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.

two ways to return the deposit by prior agreement :

1. Send written notice to the seller to return the deposit.
2. Go to court with a preliminary agreement and a receipt for payment of the deposit.

Preliminary agreement for the purchase and sale of an apartment with a deposit: sample 2023 (download form)

Drawing up for guardianship authorities

When the apartment or part of it belongs to a minor child , when registering the sale and purchase, permission from the guardianship and trusteeship authorities will be required (Clause 2, Article 20 of the Federal Law of April 24, 2008 No. 48). The service gives consent to conclude a transaction only after studying the preliminary DCT.

Permission for a transaction can be obtained only if the sale of the apartment does not violate the rights and interests of the child - the share of ownership is not reduced and living conditions do not worsen.

To obtain consent, the following documents are provided to the guardianship authority:

1. The child's birth certificate or passport if he is already 14 years old.
2. Application from parents or legal representatives, as well as their passports.
3. Preliminary PrEP.
4. Copies of documents confirming ownership of the apartment being sold and the apartment being purchased as a replacement.
5. Technical and cadastral passports for both apartments, extracts from the BTI and personal account (from 2016 - extract from the Unified State Register of Real Estate).

If the property is not purchased immediately, it is necessary to open a bank account in the child’s name, where the funds will be received after the sale of the apartment. The application is reviewed within 1 month . State duty is not paid.

Registration of the agreement

When concluding a preliminary contract, the parties to the agreement record their intention to enter into the main agreement on the same terms in the future. The execution of this agreement does not affect property rights in any way. In accordance with Art. 551 of the Civil Code of the Russian Federation, the transfer of ownership of real estate, and not the purchase and sale agreement, is subject to state registration.

Nuances of drawing up a preliminary agreement for the purchase and sale of a share in an apartment

Any oral agreement between partners must be supported by a written document. This is done for the legislative settlement of any possible controversial situations that have arisen between the parties to the transaction.

Therefore, it is important to correctly draw up a preliminary agreement for the purchase and sale of a share in an apartment so that it has legal force. Let's talk about this in detail in our article.

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How to compose?

A preliminary agreement is a document signed by both parties, indicating the seriousness of the intentions of the parties to the transaction, as well as obliging them to further fulfill the obligations specified in the agreement.

Agreement form

The preliminary and main agreements are drawn up in one pre-established form: printed, written . Consists of two main points:

1. Introductory part: full name of the counterparties to the transaction, their personal data.
2. The essence of the agreement: an explanation of the plan to transfer a share of the property, indicating information about the property.

The form is regulated by the following legislation:

• Article 429 of the Civil Code of the Russian Federation.
• Article 434 of the Civil Code of the Russian Federation.
• Article 550 of the Civil Code of the Russian Federation.

• Article 550 of the Civil Code of the Russian Federation. Real estate sale agreement form
• The contract for the sale of real estate is concluded in writing by drawing up one document signed by the parties (clause 2 of Article 434).
• Failure to comply with the form of the contract for the sale of real estate entails its invalidity.

Essential conditions

The object of the transaction is the share of real estate under the right of ownership . It can be indicated in reality or in writing in documents (1/2, 2/3). The seller has the right to sell shares of the premises for sale to several buyers at once. It is important to describe the room as accurately as possible.

The full description should include:

• address;
• cadastral number;
• condition of the house;
• the floor on which the premises are located;
• room area.

The price previously approved by the counterparties is also indicated. According to Art. 555 of the Civil Code of the Russian Federation, the price specified in the preliminary purchase or sale agreement cannot be subsequently changed.

It is especially important to note all citizens who have rights to this property . If, after the premises are transferred to the new owner, relatives of the old owner remain living in it, it is necessary to determine the living conditions in advance. These include:

• reasons for residence;
• rights of remaining residents;
• Payment of utility services.

When the apartment is completely vacated, it would not be superfluous to determine the timing of deregistration of all persons registered in the apartment.

ATTENTION : The buyer has the right to demand that the seller present the house register.

Obligations of the parties

According to the essence of the agreement, the main obligation of the parties is the obligation to purchase and sell a share of the apartment in the future . Secondary obligations include:

1. do not cause damage to property;
2. do not sell the share to third parties;
3. do not rent out other items.

Responsibility of the buyer and seller

According to paragraph 4 of Article 445 of the Civil Code, in case of non-compliance with the obligations noted in the preliminary agreement, the injured party may send a demand to compel the fulfillment of the requirements of the agreement within 6 months.

Conclusion

Thus, before concluding a preliminary agreement for the purchase and sale of an apartment, it is necessary to take into account the seriousness of the situation and correctly draw up a document indicating all the necessary details, so that unforeseen difficulties do not arise in the future.

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Legal features of the preliminary contract for the purchase and sale of real estate

IMPORTANT: The legislation does not contain obligations for notarization, however, at the request of the parties, a notary can draw up a draft agreement, check the availability and authenticity of title documents for the living space, and verify the legal capacity of the parties.

The preliminary contract for the purchase and sale of real estate is drawn up in the form of a single document signed by all its participants (Part 2 of Article 429, Part 2 of Article 434, Part 1 of Article 550 of the Civil Code of the Russian Federation).

Such a transaction does not go through the state registration procedure with the USRN authorities, but is mandatory for participants. If necessary, the party that changes its mind about concluding the final contract will be forced to sign in court, with all costs assigned to it . The cost of the issue is obviously high - loss of money and time, difficulties in subsequent searches for alternative housing.

The nuances of a future real estate transaction are fixed without the right to change them unilaterally.

Brief instructions for compiling and a sample of this document

The approximate structure of an agreement of intent includes the following points:

1. Preamble. The full surnames, first names and patronymics of the parties, their designations, which will be used further in the text, and personal data are indicated.
2. Item. The subject is the intention of the parties to subsequently conclude an Agreement for the sale and purchase of an apartment (share/shares in an apartment), the address of which can be indicated briefly, with reference to the following section (find out how to correctly draw up an agreement for the sale and purchase of a share in an apartment, and also see A sample document can be found here, and we talked about the rules for executing such transactions in this material).

Essential terms of the future agreement

• Object for sale. The object of sale are shares in the ownership of an apartment, allocated in kind or existing only “on paper” (1/2, 3/4, etc.), without establishing boundaries. Also, the owner of the entire residential area has the right to sell it to several buyers in parts. The item must be described as accurately and completely as possible, discrepancies in characteristics are unacceptable. Specify the postal address, area numbers, location of rooms, cadastral number, balconies, floor, house parameters (BTI explanation). It is possible to include in the text of the document a link to the cadastral passport of the object and make it an attachment. It is necessary to distinguish between a share in property rights and a room in a “communal apartment”. IMPORTANT: In order to identify the item and confirm the rights of the seller, be sure to request the USRN data from the Rosreestr authorities. The apartment must be registered in the cadastral register and assigned a special number. If the transferred shares have already been formed, you should carefully study the history of their appearance (conflict division, established or fixed order of use, inheritance, etc.)
• The price of each share (Article 555 of the Civil Code of the Russian Federation). The parties undertake to carry out the transaction exactly at the predetermined price. The main risk is a sharp fluctuation in the cost per square meter.
• List of persons retaining rights to living space (Article 558 of the Civil Code of the Russian Federation). There is a situation where, when the owner changes, relatives of the previous owner or even the seller himself remain in the apartment. If any disputes arise, the conditions for the transfer of real estate will be analyzed in the future: record the exact scope of the tenants' rights, the procedure for distributing utility bills, the period and reasons for residence. If the property is completely vacated, it is advisable to indicate the exact deadline and the requirement to remove all previously occupants from the registration register. The ideal option would be for the seller to receive an archival extract from the house register, indicating all persons ever registered and the reasons for their departure.

Form of preliminary agreement for the purchase and sale of a share in an apartment.

The conditions for installment payments, partial payment of shares, the procedure for accessing a safe deposit box, cash and non-cash forms of payment are fixed.

How is the act of acceptance and transfer of a part of real estate carried out?

The transfer of real estate is carried out by drawing up a special document - the Transfer and Acceptance Certificate. The act certifies the fact of transfer and the condition of the transferred apartment. A common practice is also the delivery of keys and documents for payment of utilities, taxes, contracts with energy supply organizations, homeowners associations, and management companies.

The act of acceptance and transfer of the share of the apartment under the purchase and sale agreement.

Deadlines for fulfilling the obligations of the parties under the agreement

In the absence of an agreed upon date for signing the final contract, such an agreement is concluded within a year from the date of the preliminary contract. (Part 4, 6 of Article 429 of the Civil Code of the Russian Federation)

Before the expiration of the period to consolidate the intentions of the obligation, one of the parties must send the other a corresponding written proposal (a telegram with a certified text, a valuable letter with an inventory of the contents and a receipt).

If this procedure is followed and a response is not received, the bona fide party has the right to take advantage of judicial protection. If the deadline has arrived and the parties to the transaction are silent, the previously agreed obligations are terminated.

Most often, the transfer of funds serves as a guarantee of the seriousness of the parties to the transaction.

REFERENCE: A deposit is the most established, classic way of ensuring the fulfillment of obligations, directly provided for by the current law. If the person who accepted the deposit refuses to enter into the transaction, the deposited amount multiplied by two must be paid to the counterparty.

If the person who gave the deposit is guilty, the funds remain with the other party. The law does not contain a definition of an advance; the participants in legal relations themselves determine the fate of the money in the event of a contract failure.

The deposit guarantees the appearance of the purchase and sale agreement, and is not used as payment for the property.

Final provisions

The section contains provisions on the date of entry into force of the agreement, the number of signed copies and other subparagraphs at the request of the parties.

Legal relations in the field of shared participation in construction are not regulated by a preliminary contract for the purchase and sale of real estate!

Conclusion

A preliminary contract binds the seller and buyer of real estate to mutual obligations before they enter into the main contract. The key “points” are the conditions on the subject, price, timing and mutual guarantees of the final transaction.

It will be difficult to change the agreement reached on these and other points in the future. The participation of a lawyer and realtor in the drafting of the document will, of course, entail costs, but will help to avoid unpleasant surprises.

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