The acquisition of real estate is often accompanied by the conclusion of a preliminary agreement between the parties and the transfer of a deposit, as a guarantee, if the buyer does not have sufficient funds to pay the full cost of the purchased property. determines and regulates the main conditions for concluding a preliminary contract.
Features of drawing up a contract
The legislation provides for certain conditions for the conclusion of such types of contracts, failure to comply with which may lead to the recognition of the transaction as invalid, namely:
- The form of the contract is determined by the main form provided by law for contracts for the sale of real estate. obligatory written form for such types of contracts is established. Failure to comply with the form of the contract entails consequences, namely, its recognition as null and void.
- The subject of the contract should give a clear idea of itself, therefore, the contract indicates not only the legal address of the acquired property, but also the floor on which it is located, the year of construction, area and other characteristics.
- The conditions under which the contract is concluded and the conditions of the future agreement, on the basis of which the apartment will be transferred to the ownership of the buyer - total cost purchased property.
- The term of the contract, which implies the period in which the parties must conclude the main contract for the sale of an apartment. If the term is not determined by the parties, then, according to the terms, the term is not more than 1 year. In the event that the buyer fails to fulfill his obligations, the seller has every right to apply to the court with a demand to compel the conclusion of an apartment sale contract forcibly -.
Deposit
3.2. If the Basic Agreement is not concluded due to the fault of the Buyer, the deposit is not returned by the Seller. The fault of the Buyer is understood as the failure of the Buyer or his representative with a notarized power of attorney or a power of attorney certified by persons in accordance with, on the date specified in, at the place specified in clause 1.3.5. of this preliminary contract.
3.3. If the Basic Agreement is not concluded due to the fault of the Seller, he will have to return to the Buyer the deposit paid in double size, within 3 (three) banking days from the date of expiration of the period specified in . The fault of the Seller is determined in the same way as the fault of the Buyer, as specified in 3.2. of this preliminary contract.
3.4. Return by the Seller to the Buyer of the deposit or non-return by the Seller to the Buyer of the deposit on the grounds provided for, terminates the obligations of the Parties to conclude the Main Agreement.
3.5. The amount of the deposit paid by the Buyer in accordance with the amount of the deposit is subject to return by the Seller to the Buyer if, before the term for concluding the Main Agreement, the Buyer reveals circumstances as a result of which the transaction between the Seller and the Buyer can be disputed and the sold Apartment is subject to withdrawal from the Buyer. The Seller is obliged to return the amount of the deposit to the Buyer within 3 (three) banking days from the moment the Buyer submits a request to the Seller for the return of the amount of the deposit.
4. Final provisions
4.1. This preliminary agreement comes into force from the moment of its signing by the Parties and is valid until the parties fully fulfill their obligations.
4.2. This preliminary agreement may be terminated in cases provided for by the current legislation of the Russian Federation.
4.3. The costs of concluding the Basic Agreement are borne by:
4.3.1. State duty for registration of the transfer of ownership under the contract purchase and sale Apartments - Buyer.
4.3.2. Payment for the rent of a bank cell - the Buyer.
4.3.3. Payment for verification/recalculation Money- Salesman.
4.4. All disputes and disagreements of the Parties under this preliminary agreement do not imply a claim procedure and are subject to consideration in court at the location of the Apartment.
4.5. This preliminary agreement is drawn up in Russian in two copies having equal legal force, one copy for each of the parties.
Signatures of the parties:
SALESMAN
_____________________________________________________________________________
FULL NAME. signature
CUSTOMER
____________________________________________________________________________
FULL NAME. signature
Receipt
City ________________, ____________________________________
I, _________________________, _________________ year of birth, passport ______________, issued on "___" __________ g._____________________, subdivision code _____________, address: __________________________________, received ___ dated _______________________ _________________ year of birth, passport ______________, issued "___" __________ g._____________________, subdivision code _____________, address: __________________________________, deposit on preliminary contract for the sale of an apartment dated "___" ___________. in the amount of ____________ (__________________) rubles.
I have transferred the money
Full name Signature
I have received money
I have no claims.
Contract for the sale of agricultural machinery. Tractors, combines and other types of agricultural machinery, trailers and numbered units for them must undergo pre-sale preparation, the types and volumes of which are determined by the product manufacturers. In the service book for the goods or another document replacing it, the seller is obliged to make a note about such preparation. When demonstrating the goods offered for sale, the buyer is provided with free access to it.
When transferring agricultural machinery (goods) to the buyer, the set of accessories installed by the manufacturer and the documents, including a service book or other document replacing it, as well as a document certifying the ownership of vehicle or numbered unit, for them state registration in accordance with the law Russian Federation okay.
In the event that the buyer loses the document certifying the ownership of the vehicle or the license plate unit, the seller is obliged, at the request of the owner and the presentation of a passport or other document replacing it, to issue new document marked "duplicate" indicating the series, number and date of the previously issued document.
The person selling agricultural machinery, upon transfer of the goods, checks in the presence of the buyer the quality of the work performed on the pre-sale preparation of the goods, as well as its completeness.
Together with the goods, the buyer is also given a sales receipt, which indicates the name of the goods and the seller, the brand of the goods, the numbers of its units, the date of sale and the price of the goods, as well as the signature of the person directly involved in the sale.
Contract for the sale of agricultural machinery sample
City of Moscow, August 2, _______________.
We, Smirnov Oleg Mikhailovich, living: Moscow, st. Herzen, 14, apt. 77, and Ivanov Mikhail Mikhailovich, residing: Moscow region, Vidnoe, st. Lenina, d. 18, have concluded this agreement as follows:
- I, Smirnov O. M., sold, and I, Ivanov M. M., bought a tractor (the characteristics of the tractor are indicated).
- The tractor belongs to the seller on the basis of a contract for the sale of agricultural machinery, executed in a simple written form on May 22, 2010.
- The specified tractor was sold for six thousand rubles, which were paid by the buyer to the seller when signing the contract for the sale of agricultural machinery.
- Content Civil Code The Russian Federation is known to the parties (it was explained to the parties by the notary).
- Prior to this contract for the sale of agricultural machinery, the sold tractor is not pledged, is not in dispute and is not under prohibition (arrest).
- The costs of concluding a contract for the sale of agricultural machinery are paid by Ivanov M.M.
- This contract for the sale of agricultural machinery is made in triplicate, one of which is kept in the files of the 10th Moscow notary office and is issued to the seller and the buyer in a copy.
Signatures of the parties
_______________
Tractor sale and purchase agreement
Gor. Moscow, RF
two thousand two ___________ year
We, Viktor Vasilyevich Gorelov, born on 12/14/1966, passport 5425 No. 746477, issued by the Department of Internal Affairs of the city. Moscow on September 17, 2009, residing at the address: city. Moscow, per. Leninsky, house No. 7, hereinafter referred to as the SELLER, and Sinkov Viktor Sergeevich, born on August 22, 1978, passport 1234 No. 718455, issued by the Department of Internal Affairs of the Nevinnomyssk GIK Stavropol Territory January 10, 2009, residing at the address: city. Moscow, st. Smolenskaya, house No. 14, hereinafter referred to as the BUYER, have concluded this agreement as follows:
- The SELLER transfers, and the BUYER takes ownership of the T-28 brand TRACTOR, manufactured in 1965, D-37 engine No. 134384, machine serial number 88868, the tractor was deregistered in the State Inspectorate of Gostekhnadzor of Moscow on June 14, 2002, state license plates were handed over .
- The assessment of the alienated tractor is 3,105 rubles. (three thousand one hundred and five rubles) in accordance with the Conclusion of the Moscow Specialized Enterprise "Auto-appraisal" of 20.06.2002. for number 116.
- This tractor belongs to the SELLER on the basis of technical passport A No. 123554, issued State Inspectorate Gostekhnadzor of mountains. Moscow on September 11, 1996, and sold to the BUYER for 3,000 rubles. (three thousand rubles) paid by the buyer to the seller in full before signing this contract.
- Prior to the signing of this agreement, the tractor being sold has not been sold to anyone, not pledged, is not in dispute and under prohibition (arrest), which is confirmed by the SELLER.
- Contents of Art. 209, 223, 454, 456, 458, 460 of the Civil Code of the Russian Federation were explained to the parties by the notary.
- According to Article 460 of the Civil Code of the Russian Federation, the SELLER sold, and the BUYER bought under this agreement a tractor free of all property rights and claims of third parties, which the SELLER and the BUYER could not have been unaware of at the time of the conclusion of this agreement.
- The contract comes into force after signing, transfer of the tractor and from the moment of its state registration.
- The BUYER pays the costs of concluding this agreement.
- This agreement is drawn up and signed by the parties in two copies, one copy for each of the parties.
Contract form
Agreement No.
3.1. Broadcast real estate confirmed by the act of acceptance and transfer, which is integral part Agreement. The transfer of immovable property is carried out no later than 30 days after the day of full payment for the movable property.
3.2. The buyer, from the moment of signing the act of acceptance and transfer, bears the risk of accidental loss or accidental damage to real estate and the burden of its maintenance.
4. Liability of the parties
4.1. For failure to fulfill or improper fulfillment of their obligations under the Agreement, the parties shall be liable in accordance with the legislation of the Russian Federation and the Agreement.
4.2. For late payment of real estate under this agreement, the Buyer pays the Seller a penalty in the amount of 0.1 percent of fixed cost real estate for each day of delay, starting from _________________, but not more than 30 days. Penalties are transferred by the Buyer in the manner prescribed by paragraph 2.2 of this Agreement.
4.3. A delay in the performance by one of the parties of the obligations stipulated by this Agreement for more than 30 days is considered a unilateral refusal of the relevant party to perform this Agreement.
5. Final provisions
5.1. The Agreement comes into force from the moment of its signing and terminates:
Fulfillment by the parties of their obligations under the Agreement;
In the case provided for in clause 4.3 of the Agreement.
5.2. Disputes arising between the parties in the course of the execution of the Agreement shall be considered in the manner prescribed by the legislation of the Russian Federation.
5.3. The transfer of ownership of the municipal property stipulated by this Agreement from the Seller to the Buyer is subject to state registration with the Office Federal Service state registration, cadastre and cartography for the Vologda Oblast in the manner prescribed by the civil legislation of the Russian Federation.
5.4. The ownership of the municipal property specified in this Agreement shall pass to the Buyer from the date of state registration of the transfer of ownership of the municipal property.
5.5. The Agreement is made in three copies having the same legal force: one copy of the Agreement is with the Seller, one copy of the Agreement is with the Buyer, one copy is in the Office of the Federal Service for State Registration, Cadastre and Cartography in the Vologda Region.
6. Details of the parties
Signatures of the parties
Act form
TRANSMISSION-RECEPTION
animal farm buildings
with. Charozero of the Vologda region _________ 2013
The administration of the rural settlement of Charozerskoye, Kirillovsky District, Vologda Oblast, hereinafter referred to as the "Seller", acting on the basis of the Charter of the settlement, on the one hand, and ____________, hereinafter referred to as the "Buyer", on the other hand, hereinafter collectively referred to as the "Parties", guided by federal law dated 01.01.01 "On the privatization of state and municipal property", Regulations on the organization of the sale of state or municipal property at an auction, approved by Decree of the Government of the Russian Federation dated 01.01.01 No. conditions for the privatization of municipal property”, an information message on the sale of municipal property, published in the regional newspaper “ New life» dated ____________ on the basis of the protocol dated ______________ on the results of the auction, drew up this act of acceptance and transfer on the following:
1. The Seller transferred, and the Buyer accepted the following real estate: the building of a livestock farm:
with an area of 1201.9 sq. m., inv. No. 000, located at the address: Podosenovo village, Kirillovsky district, Vologda region, reference number /005/
2. The condition of the transferred real estate is known to the Buyer, the Buyer has no claims.
3. This act of acceptance and transfer is an integral part of the contract of sale ______________________
4. This act is drawn up in two copies, having the same legal force, one copy is with the Seller, one copy is with the Buyer.
