Additional agreement to the apartment purchase and sale agreement: sample

Why is it necessary?

An additional agreement may be drawn up both together with the purchase and sale agreement for an apartment (ASA) or other housing, or after it has been signed. It may supplement the contract, for example, with specific deadlines for repair or other warranty work. The additional agreement introduces specifics into the terms of the transaction, and the agreement itself provides reference information to the points that are specified in the agreement.

The agreement expands the policy, making it detailed and understandable. It provides an interpretation of some clauses, makes additions and changes, and edits certain conditions. As soon as the additional agreement acquires legal force, and this happens already on the day of its signing, the corresponding clauses of the agreement immediately become invalid.

There are a number of conditions that must be met in order to sign an additional agreement:

both parties agree to change the terms of the policy;
the content of both documents does not contradict Russian legislation;
both documents are drawn up in the same form (written);
The contract has already been signed (otherwise, it is better to change its text without resorting to drawing up an additional agreement).

What it is?

According to Art. 550 of the Civil Code of the Russian Federation, when concluding a transaction for the purchase and sale of real estate (including residential, since there are no separate legal requirements for it in this regard), the parties draw up an agreement in writing, and in the form of a single document, which is signed by both the seller and and the buyer. In this document, they must discuss both essential and additional terms of the transaction.

However, situations are possible when the content of the agreement does not suit one of its participants. The seller or buyer may propose to the other party to change the terms. And it is precisely in order for such changes to acquire legal force that a document such as an additional agreement is needed. According to Part 1 of Art. 452 of the Civil Code of the Russian Federation, it must be drawn up in exactly the same way as the contract itself.

The same situation arises in the case of rental housing - an additional payment is drawn up. agreement to the lease agreement.

Important! The law establishes that changing the conditions is possible not only by agreement, but also in court. However, for this it is necessary that the other party either refuses to enter into an agreement or does not give a clear answer within a reasonable time (Part 2 of Article 452 of the Civil Code of the Russian Federation).

When is it necessary to compose?

An additional agreement is drawn up in cases where it is necessary to change the terms of the contract, terminate it, or add information to it that is important for fulfilling the specific obligations of the parties.

An additional agreement to the PrEP is signed in a variety of situations:

The name of the street where the housing is located has changed. The agreement is drawn up in order to then make these changes to the Unified State Register of Real Estate;
A detailed inspection of the apartment showed that it has serious shortcomings, due to which the buyer demanded a proportionate reduction in value;
The seller’s trust in the buyer has been undermined, which is why he wanted to include in the DCP a separate clause on liability in case of late payment under the transaction;
Payment terms have changed. If the parties initially agreed on an advance payment, but then decided to include an installment plan in the DCP;
The seller cannot leave the apartment on time. The buyer is not against it, but wants to reflect this in the text of the contract, adding new deadlines for the seller’s eviction;
It is necessary to change the payment bank details specified in the agreement because an error has crept into them.

The reasons for signing a new agreement are determined solely by the parties to the transaction. There is no exhaustive list of reasons for this.

How to apply correctly?

According to Article 550 of the Civil Code of the Russian Federation, DCTs are drawn up in writing and do not require a notary’s signature. The same rules apply to additional agreements. However, the parties have every right to have both papers certified by a notary. If the contract has already been certified by a notary, then by law the additional agreement must also be certified.

The agreement contains the following information:

Name;
date and place of compilation;
personal information, details of the parties (full name, information from passport);
Full name of the person who will sign the document on behalf of the law firm (if one of the parties is a legal entity);
information about the agreement, including its number, date and place of execution;
the reasons why the document is being drawn up, the new edition of the paragraphs of the policy and other information;
the conditions under which the document comes into force;
signatures of the parties and their transcript.

Additional agreements for the apartment’s policy agreement or a ready-made sample can be found using the links at the end of the article. The parties have the right to draw up a document independently, taking into account the rules for writing legal documents. When subsequently registering the agreement with Rosreestr, in addition to other documents, you will need to present a copy of the additional agreement.

Important! After the additional agreement enters into legal force, the DCP will be in effect with the changes that were made to it.

Sample

Rules for drawing up an additional agreement

The law does not stipulate direct requirements for drawing up a document. However, indirect rules are contained in the Civil Code of the Russian Federation. Art. 450 and art. 164 of the Law set out certain rules for drawing up an additional agreement.

General rule: the act is drawn up according to the rules that govern the execution of the main transaction. In other words, the additional document follows the main one.

Form requirements:

written form;
requisites;
availability of parts;
business style of presentation;
no errors or typos.

Most civil relations are formalized in writing. If any operation or action does not require fixation on a tangible medium, then the meaning of the additional agreement disappears.

Details – mandatory information about counterparties. The full name, full name (in the case of organizations), addresses and contact details are written down.

When designing, it is recommended to maintain a dry style of presentation. Artistic expressions that may mislead regarding the subject and essential conditions are not allowed. Only clarity, simplicity and accuracy.

The content is directly related to the parts of the act. The entire text is divided into the following conventional parts:

“hat”, or introductory;
main;
final provisions.

The act is drawn up only by those persons who are direct participants in the main legal relations. At the same time, it is unacceptable to make adjustments unilaterally. The other participant must agree to the changes.

The introductory part contains details and date of registration. Information about the parties to the agreement is written in the upper right corner of the text. Next comes the title, which is written in the center. The title should clearly indicate which contract the adjustments are being made for.

The main part contains the key information for which the act is drawn up. Information about the main agreement to which amendments are made is written down. Changes are indicated. It is recommended to describe in detail the nature of the edits. For example, if you need to change the validity period, you should start with the wording “Extend the period until...”. If you decide to remove a specific clause, then write “Recognize the clause... as having lost force...”. The validity period of the edits is indicated separately.

The final provisions indicate the date of execution. Signatures of the participants are added. If the counterparty is a legal entity, then the organization’s seal is affixed.

Applications are a separate block that is included in the final part. The appendices are a list of documentation that served as the basis for the preparation of the additional agreement. This may be court decisions, protocols of disagreements, certificates and other evidence.

Practice has not developed an unambiguous recommendation regarding the location of the details. In some documents, information about the parties is written at the beginning of the text, in some acts it is written at the end. Both options are equivalent.

List of documents

Often, to draw up and sign an additional agreement, no documents are required other than the contract and passports available to the seller and buyer. But if the basis for changing the terms of the monetary policy was not only the will of the parties to the transaction, but also some external factors, then other papers will be required.

These are usually:

protocol of disagreements signed by the parties to the transaction;
certificates or other documents that require changing the original terms of the transaction;
court order or decision of other government authorities;
statements of the parties, which set out the objective reasons for changing the terms of the transaction.

Key Features

The contract often has a long validity period. A lot can change during this period. If any clauses of the document do not correspond to reality, an additional agreement must be drawn up. Its functions:

Addition to the text of the agreement.
Exclusion of some items.
Changing the wording of the contract.

An additional agreement is both a contract and a transaction. It is subject to requirements that are also relevant for the main contract. The terms of the agreement must suit all participants. Typically the document includes this information:

Date of registration.
Number of the main agreement.
Part with all adjustments.
An indication that this is a supporting document.
Details of the participants in the transaction.
Signatures.

The document acquires legal force only after signing. It is drawn up in several copies, the number of which must correspond to the number of participants in the transaction.

Do I need to register?

The DCT does not need to be registered (Article 558 of the Civil Code of the Russian Federation), but the changes it makes must be registered in Rosreestr. The DCP changes the ownership rights to an apartment or other residential premises. There is no need to register an additional agreement if it does not change the scope of rights to the apartment. Otherwise, you won’t be able to do it without going to Rosreestr.

For example, if encumbrances appear on an apartment, shown in the agreement, you will need to visit Rosreestr to change the scope of rights. This happens if the buyer first wanted to buy a home for cash, and then decided to take out a mortgage.

If, after signing the agreement, you need to visit Rosreestr, the procedure will look like this:

the agreement is sent to Rosreestr in any available way - by Russian mail, through the official Gosuslugi portal, using the Multifunctional Center or during a personal visit to the institution;
along with the additional agreement, other documents related to the case are sent (application for changing information in the Unified State Register of Real Estate and other documents giving grounds for this change);
a state fee is paid for making changes to Rosreestr;
after a change in the scope of rights to an apartment, the applicant is issued an extract containing already corrected data about the apartment or other property.

Timing of changes and their cost

Let us turn to Article 16 of the Federal Law “On State Registration of Real Estate”, which provides comprehensive information on the timing of amendments to the Unified State Register of Real Estate. In accordance with it, changes made to Rosreestr will be made within the following period:

one day - the agreement is sent to Rosreestr through a notary and in electronic form;
three working days - certified by a notary and immediately transferred through him;
five working days - the document was first certified by a notary, and then it was transferred to Rosreestr through the MFC;
seven working days - the agreement was not registered with a notary and was submitted directly;
nine working days - the agreement was not certified by a notary, and it was submitted through the MFC.

The procedure for making changes to the Unified State Register is paid, and the amount of the state fee for this service is determined by Article 333.33 of the Tax Code of the Russian Federation. If changes in the scope of rights to an apartment are not related to mortgage lending, then the fee for citizens and organizations will be 350 rubles. If we are talking about changes that involve an encumbrance in the form of a mortgage, then the duty for citizens will be 1,000 rubles, for enterprises - 4,000 rubles.