How to draw up a contract of sale of property: the pitfalls of the transaction

Как правильно составить договор купли-продажи недвижимости: подводные камни сделки

The transfer of ownership of real property is made in the contract of sale. The contract of purchase and sale of real estate must be in writing only. Ukraine is one of the most common documents in the execution of the various transactions, only in our country in 2018 the year there were 255 thousand contracts of purchase and sale. Consider the basic rules of drawing up and signing of this document, which are relevant for 2019.

The contents

  • 1 What documents are needed for the conclusion of the contract of purchase and sale of real estate
  • 2 Mandatory information in the contract of purchase and sale
  • 3 Limits to sign agreement of sale
  • 4 important caution at the conclusion of the contract of purchase and sale of housing
  • 5 Main stages of registration of the contract of purchase and sale

What documents are needed for the conclusion of the contract of purchase and sale of real estate

Before you make the contract, it is necessary to prepare a package of documents, which depends on the number and age of the property owners and people living in the apartment. Without the availability of all the required documents the notary has no right to issue, to assure the contract of purchase and sale.

  • First of all, the necessary documents confirming the right of ownership of the property – it may be a contract of sale, exchange, certificate of inheritance, privatization, equity participation agreement in the construction and other legal documents.
  • The extract from the register of registration of property rights
  • Passports and identification numbers of all property owners and residents in the area, birth certificates for minors. If the owner of the apartment building – a citizen of another country, the documents must be translated into Ukrainian language and notarized. You need to provide the kind of residence, if the property owner does not have citizenship.
  • The documents on the conclusion/termination of marriage (death certificate of spouse) or permission to sell from their spouse. Such permission is not required if the property is acquired before marriage, received as a gift or inheritance by one spouse.
  • When staying in selling housing minors or incapacitated adults must also provide the permission of bodies of guardianship and guardianship.
  • Certificate of ocupancy. According to the order of the Ministry of Finance dated 4 December 2017, the property owner can make and sign this certificate.
  • For contracts worth more than 50 thousand hryvnia, you need to open a Bank account and provide proof of his discovery. This document is not required in some cases.
  • Also, in some cases, you must provide the title to the property.

Как правильно составить договор купли-продажи недвижимости: подводные камни сделки

The buyer also needs to submit documents:

  • The passport and the INN.
  • Passport and code of the spouse.
  • If the spouse is unable to be present at the conclusion of the transaction, its written consent to the conclusion of the transaction, certified by a notary.

The mandatory information in the contract of purchase and sale

The document about the conclusion of the transaction must be issued on a special form. It must include the following information:

  • Passport data of buyers and seller, INN, accommodation, phones.
  • The address of the property, specifications.
  • Data on documents of title to the property.
  • The amount of the valuation of the object sold and the price of its sale, as well as an indication that the money the seller received in full, an indication of who pays for the cost of processing the transaction.
  • Must be a timetable for the release of property or withdrawal of registration.
  • The contract must contain information about the date of its conclusion, data on the notary and his office.

Как правильно составить договор купли-продажи недвижимости: подводные камни сделки

Restrictions on conclusion of the contract of sale

Not every property can be sold/purchased.

  • First of all, it is impossible that the object of the contract of purchase and sale was the property furnished without the right of ownership. You can’t sell privatized, office, social housing.
  • Also not subject to sale the apartment, which have not paid the loan, the arrest or the prohibition on alienation.
  • Can not be traded flat in the absence of consent of one of its owners.

Rules of caution at the conclusion of the contract of purchase and sale of housing

When buying property the buyer should pay attention to some nuances that can potentially turn into problems after signing the contract of sale. The purchase is controversial, problematic apartments, houses possible if you are willing to risk.

  • It is not necessary to buy property, which defines people who are not its owners.
  • Potentially problematic property, which produced illegitimate redevelopment.
  • Problem is, the apartment where you “hang” public debt.
  • Suspicion should cause the apartment which is for sale through an auction.
  • You should also ensure that the privatization of the property and it is not departmental, social, arrested.

Subsequently, these and some other points may be cause for invalidation of a transaction, you may also face problems when trying to sell, renew such a controversial apartment building. In each such case, the inherent risks, which does not meet the broker who offered you a property, but which subsequently can result in severe consequences, up to loss of property.

Selling a property also have to be cautious.

Как правильно составить договор купли-продажи недвижимости: подводные камни сделки

Main stages of registration of the contract of purchase and sale

Choice real estate

Starts, as always, with a search of the property that you want. If you liked house, apartment, not in a hurry to start the transaction, initially, be determined on the various pitfalls in such cases, it is useful to prove to yourself that with a particular real estate it’s all right.

Negotiations with the seller should be your primary source of information about the property. The main questions, except “how much?”:

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  • The number of property owners, all the data about them – age, capacity.
  • Whether the consent of all owners to sell, will they be present at the conclusion of the transaction.
  • Does selling housing registered tenants, except the owner, can they be discharged prior to the conclusion of the transaction. When all the residents are ready to vacate the living space. All the information you need to check.

For verification purposes, you can hire a lawyer, but not always this inspection can qualitatively be performed by the realtor. To properly check the documents before buying a property can only be experienced lawyer. In the Verkhovna Rada for a long time is a bill to raise the training requirements of brokers and the licensing of their activities, but they are not legally responsible for the checking the transaction documents.

Also, before making the deal need to agree on important points: who will pay the cost of registration of the contract, the services of a realtor when and where will be issued for the contract, the amount of the advance payment, the order and timing of final settlement. It is important to understand the difference between the advance payment and Deposit required in order to avoid legal collisions that could lead to loss of money.

The preliminary contract

A preliminary agreement for the purchase and sale of real estate must be in written form and notarized. It outlines all the agreements, declared the intention of buying or selling real estate, setting out all the terms of the transaction, is recorded the transfer of the advance. The agreement spells out the amount of the advance, all you need to perform, each party to a contract of sale is to write down all tenants to pay all debts for utility services to conduct an evaluation of the property and other required steps. The preliminary contract does not transfer title to the property.

Как правильно составить договор купли-продажи недвижимости: подводные камни сделки

The conclusion of the basic contract of sale

Purchase and sale of real estate occurs as a result of the signing of the contract confirming the deal. To buy property is to obtain the document certifying this transaction. To execute the contract at any notary office.

  • The notary of the agreement provides the parties to agree, check the whole set out within it.
  • Wife buyers and sellers sign the consent to conclusion of the transaction.
  • The participants in the transaction pay all taxes – 1% state tax, 1% to the pension Fund, the cost of the notary. How many takes the notary for registration/re-registration documents, check with them beforehand.
  • There is a payment between the buyer and seller, after which the notary signs the contract and carries out its certification. The contract and the new owner of the property are recorded in a special register, an extract from which is provided to the buyer.
  • The buyer gets the original contract, the seller is his copy.

Since getting the contract of purchase and sale, the new owner becomes a full owner of the property.