Purchase and sale agreement

Purchase or sale of land in our time is a very common phenomenon. It often happens that one site has several owners, in this case, precisely the shareholders have a priority right to buy a part of the property sold. Therefore, let's consider all the nuances of the process of proper compilation of the bunding (contract of sale) to ensure that the transaction has been framed without violations of legislation.

Compiling such a contract should begin with general recommendations for the acquisition of land:

Specify the relevant bodies about the presence of obstacles to selling this area (arrests, pledges, donations, etc.).
Try to pre-figure out the nuances of the area of \u200b\u200bthe purchase and sale of the site, resorting to the services of a lawyer or independently.
Collect all the documents to the area for checking them in legal office.
Check yourself all the information relating to the sale of the Earth - the area, the stated connection to communications and the other.
Consider a safe transfer system.

You can check all the rights of the selling person to part of the Earth, contacting the office service personally, or by electronic request on the site of this department - Rosreestre.

A distinctive point of sale of a plot located in a share is the fact that they will inseparable contact with the rest of joint ownership entities. They are the first right to buy this site. This concept is regulated 250 articles of the Civil Code of the Russian Federation and called "preferential purchase right." So, relying on the law, please let all the shareholders about your desire to sell your stake. Now it remains to be expected 30 days, this time they are obliged to somehow react. Perhaps, by desire to buy out your share or make a refusal to purchase, and maybe even ignoring your notice, thereby silently agreeing with the realization of the part of the Earth. Another important point - in the notice to the shareholders the final price for Earth should be indicated. If you have to sell the area at the low cost, then the remaining participants in property can trial to protest a deal within 3 months from the date of its signing. The same actions may follow if at least one prolonnel is not previously notified of the transaction. Do not forget to send a notification notification so that the evidence obtained can be attached to the documents necessary for the compilation of the bundice.

When all the conventions on the notice of the shareholders are completed, you can start documenting the contract. Very often, first resort to the signing of the preliminary bug to obtain safeguards, and at the last stage - the main contract.

Preliminary contract purchase and sale here.

A sample of the completed preliminary contract for the sale of a plot here.

The contract itself is written in writing in arbitrary form and can be certified notarially. However, there is no prescriptions for this, so the commission of this fact is optional. When drawing up a purchase / sale agreement, follow the main points:

Indicate the parties of the transaction - all personal data of the seller and the buyer, the year of their birth, place of residence and other similar information.
Specify the subject of the contract with all the details. Describe the Earth according to the cadastral plan, remembering all its data - the area, cadastral number, category, etc. Perhaps on the plot there are structures - all this must be displayed. In addition, we mark the right-pointing documents for the right of ownership, and on what basis they are received by the seller. At this stage, the share ownership and all information related to this nuance is indicated.
Mark the cost for the implementation of a part of real estate in the national currency (rubles) and in conventional units. Course for calculations is taken on the day of payment. Do not forget the payment method and person paying the state duty for registration, the timing of the transfer of the contract for its commit.
Reflect the truthful information regarding any restrictions on the share of land, including burdensome. Otherwise, according to Art. 37 ZK (paragraph 3) The buyer may require a change in value to a smaller side or cancellation of the contract.

ZK RF Sets the rules for which the following requirements in purchase and sale contracts are invalid:

pointing to the prerogative of the seller at his own request to buy back the share of the plot;
limiting the rights of new owners to the free order of the earth;
withdrawing responsibility from a selling person if one person becomes a share.

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Remember, the competent documentary design of the contract of sale in combination with a qualified legal support of this procedure in the future will help exclude all possible negative consequences in both sides of the transaction.