The purchase and sale of real estate is one of the most common transactions carried out by both individuals and companies. Today we will talk about why it is definitely worth involving lawyers in real estate transactions and how much the service to support real estate transactions costs.
Real estate transactions are considered one of the most complex areas of law. And even if the buyer and seller went through all the stages of completing the transaction without a hitch, it cannot be guaranteed that a bona fide buyer will not have problems in the future. The limitation period for voidable transactions is one year, and for void transactions - 3 years (Article 181 of the Civil Code of the Russian Federation).
In order to avoid problems in the future, all real estate transactions must be accompanied by a thorough study of the transaction, a technical check of the property and following certain stages of registration of ownership. To avoid various misunderstandings during a real estate transaction, you should contact professional lawyers and get legal advice on the registration of real estate.
Support of real estate purchase and sale transactions
As we have already noted, real estate transactions are not only a complex and expensive process, but also involve special risks that must be taken into account when planning this process. In such cases, the matter concerns both the object itself and the integrity of the seller. Moreover, troubles can arise not only during the transaction, but also after the acquisition of real estate.
The mere fact that the seller has the original certificate of registration of ownership of the real estate does not mean that the buyer no longer has to worry about the purity of the transaction.
However, it may turn out that the buyer purchased an item that the seller did not have the right to sell. For example, the rights of minor children, an apartment in collateral, etc. were violated. Therefore, it is the most popular.
Open contract for realtor services
The contract with the real estate agency clearly and transparently states the cost of your property and the property you wish to purchase, the terms of the contract, as well as the fixed cost of services, which can guarantee you the absence of hidden fees.
We will be happy to answer all questions that arise when you review contracts for the provision of real estate services, or regarding their completion, at the real estate agency office at the address: Ekaterinburg, st. Malysheva, 29, office 301 or by phone, 8-908-631-53-39.
What does legal support for such transactions include?
Services for support of real estate transactions include several stages. The client can order a legal one or limit it to one stage.
First stage. The lawyer advises the customer on the upcoming real estate purchase and sale transaction, and the preliminary cost of legal services is discussed.
Second phase. Analysis of documents that are necessary to verify the purity of the transaction. Since 2021, a certificate of ownership of a real estate property will not be issued. Instead of the so-called “green card”, the owner is provided with an extract from the Unified State Register of Real Estate. The lawyer also evaluates the adequacy of the available documents.
If the property is not provided with all the necessary documentation, you need to request all the missing documents. For example, there is no technical passport, explanations, etc. In the absence of the necessary documents, the lawyer’s labor costs increase.
At the second stage of supporting a real estate transaction, the lawyer carefully analyzes information about the property and sends the necessary requests for missing documents.
Third stage. Preparation of a real estate purchase and sale agreement.
It is a correctly drawn up contract that guarantees compliance with legal regulations, protection of the client’s interests, and will also help to avoid possible risks and threats in the future. The agreement specifies the terms of settlement for the transaction, i.e. in what way and at what point the buyer will pay the seller, as well as other nuances, for example, what furniture and household appliances are transferred to the buyer. A well-drafted agreement that takes into account the interests of the client is the key to a successful transaction.
What determines the cost of drawing up a contract? When pricing, the following factors are taken into account: the complexity of drawing up the contract, the need to develop applications, the time spent by the lawyer on this work, the urgency of drawing up, as well as the provision of other additional services as necessary.
Also, the price of related legal services, such as preliminary consultation, consultation during the transaction process, and much more, may be additionally imposed on the preparation of contracts. It happens that a client comes with “his” contract. In this situation, the lawyer assesses the possible risks for the client and, if necessary, agrees with him on changes to the contract.
Fourth stage. Submission of documents to Rosreestr or MFC. Even at the final stage, difficulties may arise. For example, Rosreestr checks information about a property in the Unified State Register of Real Estate, and it has the ability to refuse to register ownership of the property.
The most common examples of such failures may be:
- errors when submitting documents, for example, indicating incorrect information;
- failure to comply with legal requirements for the execution and content of the contract; for example, lack of notarization, lack of agreement on terms.
- lack of consent of third parties, in cases where this is provided by law.
Supporting the purchase and sale of real estate at every stage will provide protection from any adverse consequences, and will also ensure the acquisition of only verified real estate.
Agreement for the provision of services for searching for real estate
SERVICE AGREEMENT for searching for real estate No.
g.
"" g.
in the person acting on the basis, hereinafter referred to as the “
Contractor
”, on the one hand, and in the person acting on the basis, hereinafter referred to as the “
Customer
”, on the other hand, hereinafter referred to as the “
Parties
”, have entered into this agreement, hereinafter "Agreement" as follows:
SUBJECT OF THE AGREEMENT
1.1. The Customer instructs, and the Contractor accepts no obligation, to search for a property (hereinafter referred to as the “Property”) that meets the requirements specified in clause 1.2 of this Agreement, for the subsequent conclusion by the Customer with the Owner of the Property of a lease agreement on the terms specified in this Agreement.
1.2. The object must meet the following conditions:
1.2.1. Purpose of the Facility: organization of retail, including commission, trade in clothing, footwear, household and other goods.
1.2.2. Total area of the Object: from up to sq.m of non-residential premises.
1.2.3. Location of the Object: ;
1.2.4. Lease term: at least one year with state registration of the lease agreement in the Federal Service for State Registration, Cadastre and Cartography;
1.2.5. The property must belong to the Owner by right of ownership, not be mortgaged, seized, or in any other way encumbered with the rights of third parties. The lease agreement for the Object is concluded by the Customer directly with the Owner of the Object;
1.2.6. Providing the Facility with electricity, cold and hot water, heat supply, sewerage, water supply, the possibility of placing outdoor advertising structures at the Facility.
RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The performer is obliged:
2.1.1. Search for an Object that meets the Customer’s requirements specified in Section 1 of this Agreement.
2.1.2. Conduct preliminary negotiations with the Property Owner.
2.1.3. Organize viewings of the Objects offered to the Customer, having previously notified the authorized representative of the Customer in writing about the date, place and time of viewing, no less than calendar days in advance.
2.1.4. Organize negotiations between the authorized representative of the Customer and the Owner of the Property, having previously notified the Customer in the manner specified in clause 2.1.3 of this Agreement.
2.1.5. Ensure that the Customer receives, studies and analyzes technical and legal documentation for the Object (including documents confirming the Owner’s ownership of the Object, an extract from the cadastral passport for the Object, an extract from the Unified State Register for the Object).
2.1.6. Independently conduct a legal examination of title and title documents for the Object.
2.2. The customer is obliged:
2.2.1. Carry out, together with a representative of the Contractor, views of the Objects offered for him. If necessary, the Contractor has the right to require an authorized representative of the Customer to confirm with his signature in the Object Viewing Certificate the fact of direct inspection of the Object offered to the Customer.
2.2.2. After fulfilling the terms of this Agreement, the Parties sign an ACT confirming the proper provision by the Contractor of services under this Agreement (hereinafter referred to as the “ACT”). The Contractor is considered to have fulfilled the terms of this Agreement if the following circumstances are present:
- The Contractor has found an Object that meets all the Customer’s requirements (Section 1 of this Agreement);
- The Customer signed a lease agreement with the Owner in relation to the Object proposed by the Contractor for the period specified in clause 1.2.5 of this Agreement;
- The Federal Service for State Registration, Cadastre and Cartography carried out state registration of such a lease agreement for the Object.
2.2.3. Pay for the Contractor's services in accordance with the terms and payment procedure established by this Agreement. The Contractor's services are subject to payment only after the date of the last of the events: the date of signing the lease agreement in relation to the Property with the Owner of the Property, the date of registration of the lease agreement for the Property in the Federal Service for State Registration, Cadastre and Cartography and the date of signing the ACT confirming the proper provision of services by the Contractor.
CONDITIONS AND PAYMENT PROCEDURE
3.1. For the provision of services specified in clause 1.1 of this Agreement, the Customer pays the Contractor a Remuneration, the amount of which will be equal to % of the monthly rent of the Facility for the first month of the lease agreement for the Facility, which will be concluded by the Customer and the Owner of the Facility. The remuneration is paid in the following order:
3.1.1. % of the amount of the Remuneration no later than banking days from the date of signing by the Customer and the Owner of the Object of the lease agreement for the Object. The parties to this Agreement consider the specified amount of funds as an advance.
3.1.2. % of the amount of the Remuneration no later than banking days from the date of the last of the events: the date of state registration of the lease agreement of the Object in the Federal Service for State Registration, Cadastre and Cartography and the date of signing by the Customer of the ACT confirming the proper provision of services by the Contractor.
3.2. The amount of the Remuneration specified in clause 3.1 of this Agreement includes VAT in the amount of 18%, and also covers all the Contractor’s expenses related to the fulfillment of its obligations under this Agreement.
3.3. Payment is made in Russian rubles.
PRIVACY TERMS
4.1. The Contractor guarantees the confidentiality of the information provided to the Customer, provided by the Customer, as well as the substance of this Agreement. Transfer of information to third parties is possible only with the written permission of the Customer.
4.2. The Customer guarantees that the information received and the substance of this Agreement will be kept confidential.
RESPONSIBILITY OF THE PARTIES
5.1. For failure to fulfill or improper fulfillment of obligations, the Parties are liable in accordance with the provisions of this Agreement, as well as the current legislation of the Russian Federation.
5.2. In case of delay in payment of the Remuneration, the Contractor has the right to demand from the Customer payment of a penalty in the form of a penalty in the amount of % of the unpaid amount for each day of delay, but not more than % of the unpaid amount.
5.3. If, after concluding a lease agreement for the Object, it turns out that the Object is burdened with the rights of third parties or the person with whom the lease agreement was concluded does not have the right to dispose of the Object, then the Contractor returns to the Customer the fully paid Remuneration within banking days from the date the Customer sends a written requirements.
5.4. If the Contractor delays the deadline for returning the Remuneration in the case provided for in clause 5.3 of this Agreement, the Customer has the right to demand from the Contractor payment of a penalty in the form of a penalty in the amount of % of the amount to be returned for each day of delay. The Contractor undertakes to transfer the specified amount of the penalty to the Customer's bank account within calendar days from the date the Customer sends the corresponding written request.
FORCE MAJEURE
6.1. The parties are released from liability for partial or complete failure to fulfill their obligations under this Agreement if their fulfillment is prevented by an extraordinary circumstance that cannot be overcome under the given conditions (force majeure).
CONTRACT TIME
7.1. This Agreement comes into force on the date of its signing and is valid until the Parties to this Agreement properly fulfill their obligations.
TERMINATION AND CHANGE OF CONDITIONS OF THE AGREEMENT
8.1. Early termination of this Agreement may occur in the following cases:
- by agreement of the parties;
- unilaterally by the Customer if the Contractor does not select a single potential Object within calendar days from the date of signing this Agreement. The Customer notifies the Contractor of the termination of this Agreement at the address specified in section 10 of this Agreement.
8.2. The Customer has the right to refuse to fulfill this Agreement at any time by notifying the Contractor at least one calendar day in advance.
DISPUTE RESOLUTION
9.1. Disputes and disagreements that may arise during the conclusion and execution of this Agreement, the parties will try, if possible, to resolve through negotiations.
9.2. If it is impossible to resolve disputes through negotiations, the Parties shall submit them to the City Arbitration Court.
LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES
Executor
- Legal address:
- Mailing address:
- Phone fax:
- INN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
Customer
- Legal address:
- Mailing address:
- Phone fax:
- INN/KPP:
- Checking account:
- Bank:
- Correspondent account:
- BIC:
- Signature:
