people who have never previously encountered with the sale of apartments are often surprised and worried by the fact that the buyer requests in advance, in the weeks prior to the registration of rights to sign a preliminary contract of sale.What is the essence of this document and what is it for?
In fact, this letter of intent, one side promises to buy the property, and the other, respectively, promises to sell it.In contrast to a verbal agreement, even of the witnesses, a preliminary contract of sale of the house, land or apartment is a legal document and provides for the liability of the parties for termination of the transaction.This document establishes the date of transfer of the property and money, and describes the conditions under which the transaction will occur.
preliminary sales contract, the sample
We, the undersigned:
Followed by: name of the seller, such as Abdul Boris V., his passport data with the number of series and date of issue of the document, date of birth and placeregistration (residence permit), hereinafter referred to as "Seller", and Bezrukov Valentina G., date of birth, date of issuance of the document and the name of the organization that issued it, the address to which the person is registered, hereinafter referred to as the "Buyer", conclude a preliminary contract of sale ofas follows:
Buyer agrees to purchase, and the seller to sell one (whole) one-bedroom apartment (in the case of shares in the apartment indicated interest), located at ul.Emergency d. 22 (twenty two) square.34, on the fifth floor of a ten-panel houses with a total living area of 32.9 sq.m.
adds that the apartment belongs to the Seller and on what basis, for example on the basis of the donation contract, concluded then that ... or on the basis of sale and purchase agreement entered into (date of conclusion of the contract, name of the institution to make a deal) about what there is a corresponding entry №HHH that is confirmed by a document on the state registration №UUU.
Next are the conditions under which a preliminary contract of sale.
- indicate the price of the apartment (the sum of the numbers first, and then the words).
- indicate the order of payment, such as:
- sum of 20 thousand rubles (twenty thousand) will be transferred to the seller as soon as the agreement will be signed as a deposit;
- sum of 312 thousand (three hundred and twelve thousand rubles) will be transferred to the seller within 4 days from the date of registration of the main contract;
- amount of 800 thousand rubles (eight hundred thousand) will be transferred to the seller on account of credit facilities provided by the northern branch of the Savings Bank of Russia number 965, hereinafter referred to as lender (if the purchase takes place with a mortgage loan)
3. It adds that informs the sellerPurchaser that this apartment has not imposed any restrictions and arrests, and the Buyer shall make known to the Seller that the apartment will be pledged to the Savings Bank.
4. Dates are set for collecting and processing documents, and shall specify the period after which the former owner has to move out.
5. In a preliminary contract of sale may include the following paragraph:
If the transaction frustrate the fault of the Seller, it is obliged to return the deposit twice the amount, and if the fault of the buyer - the deposit remains with the seller.
6. The buyer and the seller shall certify that they are fully capable, aware of the essence of the contract, do not suffer from diseases that prevent understand the essence of the transaction, and they are not under guardianship.
Overall, the preliminary purchase and sale agreement fixes the date and value of the transaction and is a kind of guarantee that it does not frustrate the last moment.
