How to issue a sale deal

Sale of one of the most frequent and popular forms of communication between people. The acquisition of the desired thing is a pleasant moment. Household purchases We do through oral agreements using cash. Solid acquisition requires more time and documentary.
How to make a deal of purchase and sale, its features, hereinafter, in our article.

1
What you need to know to conclude a purchase and sale transaction

The transaction is governed by the Civil Code of the Russian Federation.
The success of the transaction depends on how much the conditions are thought out and weighed, the transaction criteria are developed - basic and additional.

The main one includes those that should be in each contract - the names of the participants, their details, the subject of the transaction, the terms of payment.
Additional are determined by the type of purchase and sale. It can be compensated, mutual, bilateral, consensual and real. And also its object is retail goods, delivery or service, real estate, land, electricity, sale for the state structure, enterprises or business, so on.
Separate conditions are spelled out for the implementation of poisons, metal drag, currency values \u200b\u200band other things. Sale is not subject to the exclusive property of the state - subsoil, forests, water and inalienable personal rights, for example, the right to life, name.

2
Basic conditions

The contract of sale of sale consists of such parts:

Preamble. It needs to specify the name of the participants, the basis of their powers - the Charter, the Power of Attorney, for citizens - a document assumed.
Subject. Here we prescribe the object of the transaction - the name, quantitative expression, for work - the method of execution. It may be accompanied by additional documents - a specification with an assortment of goods, an inventory passport to Earth, a reference of the BTI when selling apartments and so on. This clause also specifies the price per unit of goods, its technical indicators.
Contract price. At this point, it is necessary to enter the total cost of the contract and its components - separately the overall value of products, works, delivery, etc.
In terms of payment, we prescribe a time frame, the calculation form is non-cash, advance, delay (specify the number of days), etc.
Terms of fulfillment of obligations. The paragraph includes terms of the transfer of property, work, carry out payment, the term of the contract.
The obligations of the buyer and the seller. Sell \u200b\u200bgoods in agreed quantity and quality - for the seller, to pay in a timely manner - for the buyer. Separately delivery - who is responsible for it, bears costs.
Responsibility of participants in the transaction. Here we prescribe a penalty for the late provision of services or delivery of the goods, for non-fulfillment of conditions in terms of quantity and quality, other contract items.
Settlement of disputes. It is necessarily written by the intention to initially solve the dispute through negotiations. Specify the court that will solve the dispute or what will be carried out in accordance with the legislation of the Russian Federation.
Fors major circumstances. It is stipulated here that the contractor of contract conditions is not responsible for damages caused by natural disasters, war, etc. Do not neglect them if the cargo is damaged, for example, hurricane, in the absence of this reservation, the supplier will be forced to pay a penalty for the shorttenance. This is additionally to the loss loss of the goods.
Other conditions. Indicate the number of copies, the obligation to notarize the contract, the absence of the rights of third parties to property when the subject of the contract goes into ownership of the owner.
The details of both sides and their signatures.

Blank delivery contract

Sample Product Supply Agreement

Blank car sale contract

3
Additional conditions

When purchasing real estate - preparation of documents for an object, checking the history of the object - who previous owners are not violated whether the rights of other people are not violated during the sale (disabled, minor children), the lack of a violent death of the owner, other conditions. Registration of the receipt of making and obtaining a deposit, a preliminary contract, an act of receiving an object.
Land plot - cadastral passport, conducting the partition of the site.
Car. When buying on the secondary market - the exact indication of the technical characteristics, the absence of defects. Check in the traffic police, is there a car in the hijacking.
When selling state structure - compliance with the tender procedure according to the legislation of the Russian Federation.

4
Frequent errors in drawing up a sales contract

The transaction is committed from the name of the Acting, VRIO - temporarily IO;
Documents are not specified confirming the powers of the participant of the transaction - the power of attorney, the charter. May indicate, but this person is not authorized. To avoid this fraud, you need to request copies of documents with wet seal of the organization.
The exact name of the subject of the contract and its number, the volume and type of work is not prescribed. If these conditions are not prescribed, not exactly indicated, the contract is considered illegitimate. If the method of work is not specified, the performer chooses it at his discretion.
When specifying the price, there is no calculation or estimate;
The order of calculation is not specified. In this case, the law enters into force (paragraph 2 of Article 314 of the Civil Code of the Russian Federation) and payment for the goods or the service must be carried out no later than 7 days, unless otherwise provided by other acts or laws.
The rights and obligations of the parties are vague.
The criterion of quality quality or service (work) is not designated.
Lack of penalty points in disruptions of works or supply, force majeure circumstances.
Use without negotiation with the other party facsimile. This is prohibited according to the Civil Code of the Russian Federation, Art. 160.
If any items or conditions are not spelled out, then the general provisions of the established Civil Code are taken by default. For example, the timing of the contract is registered in Art. 2 p. 314 of the Civil Code of the Russian Federation, the quality of work regulates Art. 721 GK. Or the question is solved in court. Therefore, it is important in the contract purchase and sale to register and take into account all the moments of the transaction. This will facilitate the work and save time to clarify the disputes.

An important last step in the conclusion of the transaction is to register a contract in Rosreestre. Without it, the contract and, accordingly, the transaction is considered invalid.

Nuances when making a lot of sale, especially for beginners. To protect yourself, you can seek help to experience in this field in this area. He will assume all the troubles on the design, you will be confident in the legality of the transaction.