House sale contract blank. Purchase and sale of a residential building with a land plot: drawing up a contract and important nuances. From the buyer's side

Concluding a house sale and purchase agreement is the standard and easiest way to acquire or dispose of real estate. Such an agreement assumes that the seller assumes the obligation to transfer property rights to a residential building to the buyer for a fee. The buyer, in turn, undertakes to take this house into ownership by paying the seller the agreed amount of money within the specified time frame.

The relations arising from such an agreement are governed by the provisions of Section 7, Chapter 30 of the Civil Code of the Russian Federation.

The object of the agreement is a residential building, which is recognized as an individually defined building, consisting of living rooms and auxiliary premises serving to meet the household and other needs of the residents of such a building.

The seller is usually the owner of the residential building. At the same time, both the seller and the buyer can be any subjects of law, such as a legal entity, individual, individual entrepreneur, public association, etc.

However, when concluding contracts for the purchase and sale of a residential building with the participation of some subjects of law, there are some peculiarities. The fact is that residential building purchase agreement differs from other contracts for the sale of real estate in that the purpose of the house (residence of citizens) cannot be changed at the discretion of the parties, regardless of whose ownership the house is transferred from.


The contract of purchase and sale of a residential building is considered concluded from the moment of its signing by the parties. But property rights to a residential building are transferred to the buyer only after the state registration of a house sale contract in Rosreestr.

The house sale and purchase agreement can be concluded with or without the presence of a notary. In the first case, the notary will provide you with a ready house sale contract form, but it will also take a state duty from you, the amount of which will depend on the amount specified in the contract. In this case, the contract will still have to be registered with the Federal Register. Therefore, it is easier to find a suitable contract form yourself.

Main provisions of the house sale contract

The contract for the purchase and sale of a house must contain data to establish exactly which house is to be transferred to the buyer. Including information about the exact location of the house, characteristics of the land, etc. So, in the contract it is imperative to register the address of a residential building and its area (both residential and general). All this information can be taken from the cadastral passport.

The contract must indicate all documents of title on the basis of which the seller has property rights to the house. In particular, it is necessary to indicate the relevant documents for the land plot.

It should also be indicated that at the time of the sale and purchase transaction, the residential building is not alienated, not mortgaged, is not the subject of a legal dispute and is not under judicial arrest (or prohibition).

In addition, the seller is obliged to guarantee the buyer that at the time of signing the contract, the house was not leased or commercial rented, not transferred to trust, does not appear as a contribution to fixed capital and is not subject to property claims of third parties.

And of course, in the contract of purchase and sale of a residential building, the data of the documents proving the identity of the seller and the buyer must be indicated.

The contract must necessarily reflect the time frame, on what grounds and in what order the parties can terminate the contract.

It should be noted that the above provisions are also mandatory when drafting documents such as preliminary contract for the sale of a house and house share purchase agreement .

Sample contract of purchase and sale of a residential house, cottage

The contract for the purchase and sale of a house, download a sample of the contract for the purchase and sale of a house, which is presented on our website, was drawn up taking into account all the mandatory requirements. You can use this version of the form both if you need to sell a house, and in the case when you need to correctly register its purchase.

What is important to consider when drawing up a contract for the sale of a residential building

The parties should agree and be sure to reflect in the contract the terms of the physical and legal release of the house. Legal exemption here refers to the deregistration of all persons registered in the home at the time of signing the contract. In the same case, if the agreement of the parties provides for the preservation of the right to use the house for certain persons after the transfer of ownership, this should also be reflected in the text of the agreement.

Also, the contract should reflect the risks that the buyer and seller may bear when concluding a transaction. For example, depending on the specific timing of the physical release of the premises, responsibility for accidental damage or destruction of the property and the property located in it should be assigned either to the seller or to the buyer.

It would not be superfluous to note in the agreement that the parties, when concluding a transaction, act voluntarily, understand the significance and consequences of their actions, are not limited in their legal capacity and are not under guardianship or guardianship.

It should be remembered that the act of acceptance and transfer of the property is an integral part of the purchase and sale agreement. Without drawing up such an act, the transaction can be recognized as not concluded. The acceptance certificate of the house is drawn up by the parties in any form.

Residential house price under contract

In accordance with Article 555 of the Civil Code of the Russian Federation, if the price is not specified in the purchase and sale agreement for a residential building, such an agreement is considered not concluded. At the same time, in relation to transactions for the purchase and sale of residential pulp, the provision of Article 424 of the Civil Code of the Russian Federation does not apply that, if the price is not precisely defined in the contract, the execution of the contract is based on the cost of a similar product. As in the case with other real estate objects, when it is not possible to accurately and unambiguously establish the value of the transaction under the contract for the sale of a house, the contract is deemed not concluded.

If in the near future you are planning to buy or sell real estate, then you need to carefully prepare for such a transaction. It is important not only to secure your funds by choosing the most convenient payment method, but also to collect a complete package of documents for the object. Residential house sale contract 2018 is no different from the samples of previous years. It is also important to sign the document, being in full confidence that all the norms of the law are being observed.

Sale and purchase agreement of a residential building: sample 2018

Purchase and sale agreement of a residential building (sample of 2018 available on the site) is a model agreement confirming the transfer of ownership to the new owner. The document should contain the following:

1. Date / place + full name;

2. Information about the object;

3. Cost and terms of payment;

4. Additional conditions (rights and obligations, guarantees, etc.).

Transactions related to the sale of a residential building have a certain peculiarity. They need to describe not only the property itself, indicating the exact address, square, living space, and so on, but also complete information about the land plot. In fact, in the document itself, in the "Object Information" section, you should write:

1. Area of \u200b\u200ba residential building, details of title documents, purpose of real estate;

2. The area of \u200b\u200bthe land plot, documents of title to it.

In the "Cost" section, you and the seller must indicate the full price in numerical and literal terms, as well as the price of the plot and the house separately.

Not in all situations, an agreement for the purchase and sale of a residential building is concluded with the condition of the sale of a land plot. If the owner decided to lease the plot, then he should indicate in the document approximately the following:

« In parallel with the transfer of ownership of the house, the Buyer under the contract acquires the right to lease a part of the land plot with an area of \u200b\u200b___ m2».

2016 residential building sale and purchase agreement can be concluded exclusively in writing - this is a requirement of Art. 550 of the Civil Code of the Russian Federation. No verbal agreements, even in the presence of witnesses, are valid. It should also be noted that the document signed by the representatives of the parties must contain the details of their powers of attorney and their full names.

Residential building purchase agreement form: features

Purchase and sale agreement of a residential building (sample download can be on the website), concluded for the purchase of a certain share of the object, must contain detailed information about the house itself, as well as about the size of the share. It should be noted that you can buy a share only if you are given written consent to sell all other equity holders. Or - confirmation that they were not interested in the purchase.

Having chosen the method of settlement with the seller, do not forget to indicate it in the document. The safest option is a safe deposit box. You can put funds there in the presence of a seller and a representative of a financial institution, and the former owner of real estate will be able to withdraw them only if he provides registered documents on the transfer of ownership to the bank. One of the most risky ways is to pay in cash. If you choose it because of its convenience and simplicity, then do not forget to take from the seller a receipt for receipt of funds in full, drawn up in any form.

Residential building sale and purchase agreement form must be filled in taking into account all the features:

Do not allow ambiguous interpretation of the provisions of the document. The contract should be filled out concisely and with specific wording in order to avoid various implications. Otherwise, the seller will be able to use loopholes in the laws and invalidate the agreement;

At the negotiation stage, check if there are any debts on utility bills. If so, then agree on who will pay the debts. You, as a buyer, can take on these responsibilities towards the cost of the house, but be sure to indicate this in the document;

You become the full owner of the house not at the time of signing the contract, but at the time of issuing a certificate of ownership in Rosreestr. But you can move into the house earlier - it is enough to indicate this in the additional terms of the agreement.

Purchase and sale agreement of a residential building, sample download you can right now, is not the only document in the transaction itself. As annexes to the agreement, you can use a receipt for payment of bills, refusal of other equity holders to purchase, copies of title documents / technical passport, consent of the second spouse for the sale, receipt of cash by the seller, and so on, depending on the specifics of the transaction.

The agreement itself should be drawn up in triplicate, and if representatives of the parties are present, then by the number of people (for example, 5 copies). On our website you can fill out an agreement in a matter of minutes. You don't have to understand all the details, our lawyers did it for you. Just answer the questions in the form on the left, and the system will automatically distribute information throughout the document. Rate the benefits of our service!

I, a citizen of the Russian Federation: Ivanov Ivan Ivanovich, 03.03.1992 year of birth, place of birth: ivanovo, Ivanovo region, Russiamarried, with a passport 00 00 200000, issued 03.03.2011 Department of the Federal Migration Service of Russia for the city of Ivanovo, Ivanovo region, subdivision code 342-017, residing at: Kaliningrad region, the city of Ozersk, st. Ozerskaya, house 11, apt. eleven, hereinafter referred to as the "SELLER", and

I am a citizen of the Russian Federation: Frolova Faina Frolovna, 04.04.1984 year of birth, place of birth: ozersk city, Kaliningrad region, Russiamarried, with a passport 01 01 103030, issued 09.09.2006 Department of Internal Affairs of the Ozersk District of the Kaliningrad Region, subdivision code 392-019, residing at: Kaliningrad region, city of Nesterov, st. Nesterova, building 3, apt. 3, hereinafter referred to as the "BUYER", have entered into this agreement as follows:

1. The "SELLER" sold, and the "BUYER" bought the property belonging to the "SELLER" land plot with cadastral number 39: 00: 000000: 1, area 1563 ( one thousand five hundred sixty three) sq. m, land category - land of settlements, permitted use - for an individual residential house, as well as a residential building located on it with a total area of \u200b\u200b60.8 ( sixty point and eight tenths) sq. m, located at: Kaliningrad region, the city of Ozersk, st. Chernyakhovskaya, house 19 (nineteen).

2. The specified residential building belongs to the "SELLER" on the basis of ownership on the basis of: Sale and purchase agreement of 20.11.2001 concluded in the city of Nesterov, about which the registration entry No. 39-39 / 053 / 34-345 was made in the Unified State Register of Real Estate and Transactions with it on 05.12.2001, on the basis of which on 05.12.2001, Institution of Justice for the Kaliningrad region issued a Certificate of State Registration of Law No. 39-AA No. 234324.

3. The specified land plot belongs to the "Seller" on the basis of personal ownership, on the basis of: Purchase and sale agreement of a land plot concluded with the administration of the "Ozersk urban district" of the Kaliningrad region dated 09.06.2009. Resolutions of the Head of the "Ozersk urban district" No. 001 dated 23.01.2009, about which in the Unified State Register of Rights to Real Estate and Transactions with It on July 20, 2009, an entry was made for the registration of the right No. 39-39-90 / 133 / 2009-001 and the Certificate of State Registration of Right No. 39-AA No. 000003 dated 20.07 was issued. 2009 year.

4. The specified land plot was sold by the "Seller" to the "Buyer" for 200,000 (two hundred thousand) rubles; the residential building located on it was sold by the "Seller" to the "Buyer" for 800,000 (eight hundred thousand) rubles, which in total is 1,000,000 (one million) rubles. All amounts were paid before signing this agreement. The sale price of the said land plot and the residential building located on it is contractual and true, any other documents that refer to a different sales value of this land plot and the residential building located on it are invalidated.

5. The "SELLER" guarantees that at the time of the execution of this agreement, the specified land plot and the residential building located on it were not donated to anyone, sold, mortgaged, in a dispute under arrest / prohibition / are not and are free from any rights of third parties. The "SELLER" is responsible for concealing information about the location of this land plot and the residential building located on it under a ban or as a pledge.

6. Transfer of the land plot and the residential building located on it, in accordance with Art. 556 of the Civil Code of the Russian Federation, is made according to the deed of transfer, which is an integral part of this agreement.

7. The "SELLER" undertakes to transfer the specified land plot and the residential building located on it in the quality condition as they are at the time of signing this agreement. In the case of the sale of residential premises inappropriate to the terms of the contract on its quality, the rules of Art. 475 of the Civil Code of the Russian Federation.

8. The "BUYER" carries out at its own expense the operation and repair of the above residential building. Issues related to payment of utility bills and other payments are settled by the parties independently. The BUYER has no claims to the sanitary-technical condition of the residential building.

9. The "BUYER" acquires the right of ownership / possession, use, disposal /, to the specified land plot and the residential building located on it from the moment of registration of the transfer of rights in the Office of the Federal Service for State Registration, Cadastre and Cartography in the Kaliningrad Region.

10. This agreement contains the entire scope of agreements between the parties in relation to the subject of this agreement. The content and meaning of this agreement are clear to the parties. Responsibilities and rights of the parties not provided for by this agreement are determined in accordance with the current legislation of the Russian Federation.

11. All changes and additions to this agreement are considered valid if they are made in writing, signed by representatives of each of the parties and have passed state registration.

12. All expenses for state registration, including the cost of processing the required package of documents, shall be borne by the "BUYER".

13. This agreement is drawn up and signed in three copies, one of which remains with the SELLER, the second with the BUYER, the third is transferred to the files of the Office of the Federal Service for State Registration, Cadastre and Cartography in the Kaliningrad region.

14. The parties confirm that they acquire and exercise their civil rights by their own will and in their own interests, are free to determine any terms of the contract that do not contradict the Legislation, they are not limited in legal capacity and capacity, they are not under guardianship and guardianship, for health reasons they can independently exercise and defend their rights and fulfill their duties, do not suffer from diseases (including a mental disorder) that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, and are not in a different state when they are not able to understand the meaning of their actions and manage them, which they have no obligations that force them to make a deal on extremely unfavorable terms.

SIGNATURES OF THE PARTIES:

"SELLER"

Money in the amount 1,000,000 (one million) rubles "SELLER" received in full.

The procedure for acquiring a residential building together with the plot of land on which it is located is similar to purchasing any other real estate.

As with the conclusion of an agreement with respect to other objects, the parties must prepare documents and draw up a contract.

On the other hand, before drawing up an agreement, you should familiarize yourself with the specific features of this agreement.

Sample of a standard contract for the purchase and sale of a residential building with a land plot 2018

The parties should be aware of the specific clauses to be included in the deed of transfer of ownership from seller to buyer.

The contract for the sale of a residential building together with land must have the following provisions:

  • Information regarding the data of both the seller and the buyer, which are entered on the basis of identity documents;
  • Information that relates to two objects of the agreement;
  • Information about the price of the agreement, as well as about the methods and procedure for settlements between the parties. Remember that the cost is always indicated in rubles. It is allowed, if necessary, to additionally indicate the price in foreign currency;
  • Information about the rights and obligations of each party to the agreement;
  • The procedure for transferring a residential property and land plot;
  • Information on drawing up an act of acceptance and transfer of real estate objects;
  • Information concerning the distribution of expenses between persons.

Before signing the document drawn up, we recommend that the parties contact a specialist who will identify the technical condition of the house, as well as indicate its approximate cost.

In order to identify the presence or absence of defects in the house, a special commission should be invited. The powers of the commission include the identification of state ownership.

Remember, since the procedure for drawing up a contract is of great importance, in the absence of the necessary knowledge for this, you should contact specialists in the field of jurisprudence or transactions with objects.

Essential terms of the contract for the sale of a residential building with a land plot

In addition to the subject matter, the essential provisions are:

  • Information about the parties to the agreement. The information must be indicated on the basis of documents confirming the identity of the parties to the transaction;
  • Information about the cost of objects, as well as the calculation procedure;
  • Information about persons who, in addition to the seller, have the right to use the facilities;
  • Data on the presence of restrictions in relation to these objects;
  • Information about the need to register the fact of the transfer of rights from one person to another.

Features of the conclusion of the contract of sale of a residential building with a land plot

Since the agreement transfers two objects - a house and a land plot, in the agreement information about the subject must be described, both in relation to the land plot and the house.

When entering information about a plot of land, the following must be indicated:

  • Location address;
  • Land area;
  • Cadastral data;
  • The document on the basis of which the seller received the right to dispose of the objects for sale.

When entering information about an immovable residential object, data on:

  1. The location of this house;
  2. Residential area;
  3. House technical data;
  4. Information on the basis of which the disposal of objects is allowed.

The price is indicated total. It is allowed to mark how much a house and a land plot cost separately.