How to draw up a sales contract: basic rules and legal advice

2024 Author: Malcolm Clapton | [email protected]. Last modified: 2023-12-17 03:44

What to write so as not to lose your apartment, car or money.

What is a sales contract

The essence of the sales contract is the transfer of ownership from the seller to the buyer. The seller undertakes to transfer the goods to the buyer along with all accessories and documents within the period specified in the contract. And the buyer promises to accept this product and pay a certain amount for it.

The sales contract is considered concluded as soon as the parties have agreed on the product. But the ownership of the thing passes from the seller to the buyer only at the moment of its transfer. An exception is the purchase and sale of real estate.

You can buy with an advance payment, by installments or on credit. In these cases, ownership remains with the seller until full payment is made.

What you can and cannot buy and sell

Any things, even those that will only be created. In addition, the goods can be animals and intellectual property.

You can trade both real estate (land, buildings, etc.) and movable property (all other things, including vehicles).

Weapons, medicines, jewelry and other items of the Civil Code of the Russian Federation limited in circulation. Article 129. The negotiability of objects of civil rights can be sold and bought only with a special permit.

Who can conclude a sales contract

Sellers and buyers can be both individuals and legal entities, as well as state and municipalities.

At the same time, citizens must be capable, and legal entities must have legal capacity. Teenagers between the ages of 16 and 18 are partially legally capable, therefore, they can of the Civil Code of the Russian Federation. Article 28. The legal capacity of minors to sell and buy property only with the written consent of the parents.

What is the form of the sales contract

Whether or not a paper document is needed depends on what is being sold and bought and by whom. Compliance with the written form is necessary if:

1. The commodity is real estate.
2. One or both parties are legal entities.
3. A citizen sells a product to a citizen worth more than 10,000 rubles.

The exception is transactions executed at the time of their conclusion. For example, retail.

What are sales and purchase agreements?

The Civil Code identifies seven types of sales contracts.

1. Retail sales contract.
2. Delivery contract.
3. Supply agreement for state or municipal needs.
4. Contract agreement (purchase of agricultural products).
5. Energy supply contract.
6. Real estate sale contract.
7. Enterprise sale agreement.

Each of them has legal specificities.

Let us consider in more detail the contract of purchase and sale of a car as a special case of the general structure and the contract of purchase and sale of an apartment as a special case of the sale of real estate. These transactions are most often found in the economic activities of individuals and legal entities.

How to draw up a car purchase agreement

You do not need to contact a notary to formalize the sale and purchase of a car. The contract can be drawn up in a simple written form, taking as a sample one of the forms on the Internet.

Filling out the document by hand or on a computer is not important. The main thing is that it contains information about:

1. Place and date of the transaction.
2. The seller and the buyer (full name, full passport data).
3. Vehicle (type, brand, color, date of manufacture, license plate, VIN, number of the power unit and chassis, series and TCP number).
4. Cost (without it, the contract is valid, but in disputable cases, the price will have to be set with the help of experts and through the courts).
5. The procedure for transferring the car.

Usually, a car sale and purchase agreement also plays the role of a deed of transfer. But lawyers recommend drawing up a separate act of acceptance and transfer. Since ownership is transferred along with the machine. In the act, it is necessary to record in detail its technical condition. This will avoid disputes due to breakdowns identified after the transaction.

The contract must be drawn up in three copies: for the seller, for the buyer and for registration with the traffic police. After signing the document, the seller must enter information about the new owner in the vehicle passport. And then - to hand over to the buyer the vehicle registration certificate and the keys.

Sergey Voronin Managing Partner, Pravovoye Reshenie

Be careful when buying a car with a general power of attorney. De jure, in such transactions, a piece of paper is purchased, not a car. You become the owner, but not the owner of the car. The present owner, by the way, can revoke the power of attorney at any time. At the same time, it will be extremely problematic to return the money.

How to re-register a car

Within 10 days from the date of the conclusion of the sale and purchase agreement, the new owner of the car is obliged to submit an application to the traffic police to change the registration data.

Also, the buyer is obliged to conclude his own OSAGO contract. And the old owner can ask the insurance company to recalculate and return the money.

Alexander Spiridonov Leading Lawyer of the "European Legal Service"

It is in the seller's interest to ensure that the new owner of the car re-registers it to himself. Otherwise, the former owner will continue to receive fines and taxes. At the end of the ten-day period allotted for renewal, the seller may ask to deregister the car from his name.

How to draw up a contract of purchase and sale of an apartment

The contract for the sale and purchase of an apartment is concluded in writing. This is strictly stated in Article 550 of the Civil Code of the Russian Federation of the Civil Code of the Russian Federation. Article 550. Form of contract for the sale of real estate. Notarization is optional. The exception is cases when the owners or one of them are minors or incompetent.

The seller and the buyer sign a document that indicates:

1. Date and place of the transaction.
2. Name and full passport details of the parties.
3. Detailed characteristics of the object (cadastral number, full address, area, number of rooms, number of storeys, and so on).
4. Details of title documents.
5. The list of persons registered (registered) on the living space at the time of signing the contract.
6. Price - for the purchase and sale of real estate, this is a prerequisite of the Civil Code of the Russian Federation. Article 555. Price in the contract for the sale of real estate, without it the contract is not concluded.
7. Information about the pledge, lease, the right of life-long residence and other encumbrances.
8. The procedure for settlements and transfer of the apartment.
9. Signatures and details of the parties.

Alexander Spiridonov Leading Lawyer of the "European Legal Service"

The seller must prepare documents of title for the apartment: an extract or USRN (confirms the status of the owners, as well as the absence of encumbrances), a previous contract of sale, donation, exchange, privatization, or a certificate of the right to inheritance. I also recommend ordering an explication, a cadastral passport and a floor plan from the BTI and getting a certificate of the absence of debts for a communal apartment.

If the apartment is jointly owned by the spouses, it is necessary to issue a notarized consent of the wife (husband) for the sale. If there are minors among the owners, the written consent of the guardianship and guardianship authorities will be required.

How to register an apartment sale and purchase agreement

Since March 1, 2013, the procedure for registering the purchase and sale of housing has become easier.

Olga Sautina law firm "Nedelko and partners"

Registration of purchase and sale is regulated by Federal Law No. 302 of December 30, 2012, and not by Article 558 of the Civil Code. Therefore, at the moment, the purchase and sale agreement is concluded in simple written form and is considered concluded at the time of signing.

But you still have to contact the State Registration Service (Rosreestr). The seller and the buyer must register the change of ownership of the apartment. The following documents will be required:

1. Registration application.
2. Contract of sale.
3. Cadastral passport for the apartment.
4. Consent to the transaction from interested parties (spouses, guardianship authorities and others).
5. Receipt for payment of state duty (2000 rubles).

The application and the package of documents can be submitted in person at the Rosreestr or the MFC branch, by mail with a declared value or via the Internet.

Within seven (when contacting Rosreestr directly) or nine days (when contacting the MFC), the transfer of property rights will be formalized. The new owner will receive an extract from the Unified State Register of Taxpayers (USRN). Separate certificates of ownership of housing are currently not issued.