How to make a sales contract: the basic rules and advice of lawyers
Right Educational Program / / December 19, 2019
What to write, so as not to lose their apartments, cars or money.
What is a contract of sale
The essence of the contract of sale - in the transfer of ownership from the seller to the buyer. The seller is obliged to transfer goods to the buyer together with all accessories and documents in the contract within the specified period. A buyer promises to accept the goods and pay him a certain amount.
A contract of sale is deemed concluded as soon as the parties have agreed on this product. But the ownership of the thing is transferred from the seller to the buyer only at the time of its transfer. Exception - the purchase and sale of real estate.
You can buy pre-paid, in installments or credit. In these cases, ownership is retained by the seller until full payment.
What can and what can not be bought and sold
All things, even those that only will be created. In addition, the product can be animals and intellectual property.
You can trade as a real estate (land, buildings, and so on) and movable property (all other things, including means of transport).
Weapons, drugs, jewelry and other things limited in circulationCivil Code. Article 129. Transferable objects of civil rights can be bought and sold only with special permission.
Who can enter into a contract of sale
Buyers and sellers can be both physical and legal entities, as well as state and municipal entities.
Citizens in this case must be legally competent, as legal entities - legal capacity. Adolescents between the ages of 16 and 18 are partly capable, so they canCivil Code. Article 28. Legal capacity of minors sell and buy property only with the written consent of the parents.
In what form is a contract of sale
Need or not a paper document, depending on what and who is bought and sold. Compliance with the written form is necessary if:
- Commodity is property.
- One or both parties are legal entities.
- Citizen citizen sells goods worth more than 10 000 rubles.
Exception - transaction executed at the time of their conclusion. For example, retail trade.
What are sales contracts
The Civil Code are seven varieties of the purchase contract.
- The contract of retail sale.
- supply contract.
- Supply contract for state or municipal needs.
- Marketing contracts (purchase of agricultural products).
- Energy supply contract.
- The contract of sale of real estate.
- The contract of sale of the enterprise.
Each of them has a legal features.
Let us consider a contract of sale of the car as a special case of the general construction and a contract of sale apartments as a special case of real estate sales. These transactions are most often found in the economic activity of individuals and legal entities.
How to make a contract for the sale of the car
For registration of the purchase and sale of cars do not need to go to a notary public. The contract can be composed in writing, modeled on one of the forms on the Internet.
Fill out the document by hand or on your computer - it does not matter. The main thing is make sure you have information about:
- Place and date of the transaction.
- Sellers and buyers (F. AND. O. full passport details).
- Vehicle (type, brand, color, date of issue, license number, the VIN, powertrain and chassis number, series and number of TCP).
- Cost (without it, the contract is valid, but in cases of dispute, the price will have to be installed with the help of experts and the courts).
- Car transmission order.
usually the contract purchase and sale of car It is playing both the role of the transfer certificate. But lawyers are encouraged to compile a separate act of reception and transmission. Because ownership is transferred with the car. In the act it is necessary to fix the technical condition in detail. This will avoid disputes over damage identified after the transaction.
Treaty need to make in triplicate: for the seller, the buyer and for the registration of the traffic police. After signing the document the seller must make to transport information means a passport on the new owner. And then - give the buyer PTAs, the certificate of registration of the vehicle and keys.
Be careful with the purchase of a car on the general power of attorney. De jure, in such transactions takes place the purchase of paper, not a machine. You become the owner, but not the car owner. The present owner, by the way, may at any time revoke the power of attorney. Return the money in this case is extremely problematic.
Sergey Voronin, managing partner "legal solution"
How to re-register the car
Within 10 days from the date of conclusion of the contract of purchase and sale new car owner is obliged to submit to the traffic police a statement about the change of registration data.
Also, the buyer is obliged to conclude a contract CTP. And the old owner can ask the insurance company to make recalculation and return the money.
In the interests of the seller to make sure that the new owner of the car re-registered it to himself. Otherwise, the former owner will continue to come to penalties and taxes. At the end of the decade, allotted for re-registration, the seller may be asked to remove the car from the register with his name.
Alexander Spiridonov, senior lawyer of "European Legal Service"
How to make a contract of sale apartments
agreement buying and selling apartments It shall be in writing. This is strictly fixed in article 550 of the Civil CodeCivil Code. Article 550. Form of sale of real estate. Notarization not required. Exception - if the owner or one of them are minors or incapacitated.
Seller and buyer sign the document, which shall include:
- Date and place of transaction.
- Name and full passport details of the parties.
- Detailed description of the object (cadastral number, full address, area, number of rooms, floors, and so on).
- Details of legal documents.
- The list of persons registered (prescription) in the housing at the time of signing the contract.
- Price - for the sale of real estate is a prerequisiteCivil Code. Article 555. The price in the contract of sale of real estateWithout her agreement is nezaklyuchonnym.
- Information about the pledge, lease, right of residence life and other encumbrances.
- The order of calculation and transfer of the apartment.
- Signature and details of the parties.
Sample contract of sale apartments →
Seller shall prepare legal documents for the apartment: an extract or USRRE (confirms the status of the owners and the absence of encumbrances), the previous contract of sale, gift, exchange, privatization or a certificate of inheritance. More recommended order explication, cadastral passport and a floor plan of the BTI and get help on the absence of a communal debts.
Alexander Spiridonov, senior lawyer of "European Legal Service"
If the apartment is the joint property of the spouses, it is necessary to issue notarized consent of the wife (husband) for sale. If among the owners have minors need a written consent of the guardianship authorities.
How to register a contract of sale apartments
On March 1, 2013 the procedure of registration of purchase and sale of housing has become easier.
Registration of purchase and sale is regulated by the Federal Law number 302 of December 30, 2012, and not Article 558 of the Civil Code. Therefore, at the moment the contract of sale is made in writing and deemed concluded at the time of signing.
Olga Sautin, legal company "Nedeljko and partners"
But to apply to still have to state registration (Rosreestr) Service. The seller and buyer must register the change of ownership of the apartment. You need the following documents:
- Application for registration.
- Contract of sale.
- Cadastral passport to the apartment.
- Consent to the transaction from interested parties (spouses, guardianship and other).
- Receipt of payment of registration fee (2000 rubles).
The application and documents may be submitted in person at the office or Rosreestra MFC mail with a declared value or through the Internet.
Within seven (when applying directly to Rosreestr) or nine days (when referring to the MFC) transition of property rights will be issued. The new owner will receive an extract from the Unified State Register of Taxpayers (USRRE). Anecdotal evidence of title to the property is not issued.
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