CONTRACT OF SALE
HOUSE AND LAND

G.N.Novgorod _______________ 2009

Full name ________________, __________ year of birth, gender - male, citizen of Russia, place of birth: mountains. _________, passport _________ issued _____________ _____, department code ____________, registered at the place of residence at the address: _____________, hereinafter referred to as " Salesman", And
Full name ________________, __________ year of birth, gender - male, citizen of Russia, place of birth: mountains. _________, passport _________ issued on ______________ _____, department code ____________, registered at the place of residence at the address: _____________, hereinafter referred to as " Buyer", have entered into this agreement as follows.

1. The Parties hereby confirm that the Seller sold (transferred ownership) and the Buyer bought (accepted ownership) a residential building and land plot owned by the Seller, located at the address: ______region, city ________street _____ house _________. (The address must be written in strict accordance with the title documents).
2. Residential building (total area ________ sq.m.; number of storeys: _______, cadastral number ______________) (the area and number of storeys of the house must be indicated according to the data of the title documents. If the actual area of ​​the house does not coincide with reality, it is necessary either to indicate the old data according to the title documents, or to agree on the redevelopment and reconstruction and only after that enter into an agreement to sell the house) and a plot of land (total area _________ square meters, cadastral number _____________, purpose of land:________________) (the area of ​​the land plot must also be written according to the documents. If the actual area of ​​the land plot is larger than indicated in the documents, it is necessary to write the area indicated in the documents, or agree on an increase in the area of ​​the plot in the prescribed manner and then sell it) belong to the Seller by right of ownership on the basis of _______________________ (here it is necessary to list all the documents specified in the certificate of ownership of the house and the certificate of ownership of the land. If the house and land plot were acquired a very, very long time ago and the certificates of ownership were not issued, then it is necessary to indicate the documents registered in the BTI and KUGI ZR , there is no need to receive a new sample certificate in the name of the Seller) about which the Certificate of state registration of ownership of a residential building dated ________ year No. ______ series and Certificate of ownership of a land plot dated ________ year registration record No. _______ was issued
3. By agreement of the Parties, the total cost of a residential building and land plot is _______________ (__________) rubles, (the amount must be written first in numbers, then in words in brackets, the amounts must match) is final and cannot be changed. Of these, the cost of a residential building is __________(______________) rubles, the cost of a land plot is __________(________________) rubles. (Separate indication of the cost of the house and the cost of the land plot is important, since the cost of each of the two objects (house and land plot) is a mandatory condition of the contract). The cost of the house and the cost of the land plot should not be lower than their estimated value indicated in the BTI documents and the cadastral plan.)
4. The indicated cost of the residential building and land plot is paid in full before signing (or upon signing) actual agreement. The fact that the Seller has received an amount of _____ (_____________) rubles is confirmed by a receipt that the Seller gave to the Buyer upon receipt of the money. (At the time of signing the contract, the cost must be paid in full, otherwise a pledge of this property will be registered by force of law. And the property will be pledged to the seller until the cost of the house and land is paid in full. If the buyer and seller have agreed to pay the price in parts - part when signing an agreement and partly after completing the documents, but do not want to register a pledge, then it is necessary to add the following line to this paragraph: “The parties agreed that the Buyer’s debt does not impose an encumbrance on the residential building and land plot.”)
5. According to the Seller, at the time of signing this agreement, the specified residential building and land plot have not been sold to anyone, have not been donated (donation has not been promised, have not been donated), have not been pledged, are not in dispute, are not under prohibition or seizure and are free from any rights of third parties.
6. The above-mentioned residential building and land plot were sold in the same quality condition as at the time of concluding this agreement, suitable for its intended use. The Seller undertakes not to interfere with the use of this property for its intended purpose by the Buyer from the moment of registration of ownership of the residential building and land plot in the name of the Buyer.
7. This agreement contains the entire scope of agreements between the parties regarding the subject matter of the Agreement, cancels and invalidates all other obligations and representations that could have been accepted or made by the parties orally or in writing before the conclusion of this agreement.
8. The parties undertake, within three working days from the date of signing this agreement, to contact the registration authority to register ownership of the specified property in the name of the Buyer and register the transfer of ownership from the Seller.
9. This agreement is drawn up in four copies, one of which is intended for the Seller, the second for the Buyer, two for the registration authority (If the agreement indicates several Sellers or Buyers, then for each of them it is necessary to make a separate copy of the agreement, and an additional two copies are required for the registration authority).

Signatures of the parties.

Salesman:

Buyer:
Full name (must be printed in full on this line) (on the next line the Seller must write his full name and sign in his own hand)

_____________________________________________________________________________

If there are special agreements between the Seller and the Buyer, all of them must be reflected in the contract, for example:
1. The Seller undertakes to leave the house, empty the house of personal belongings and deregister the house within up to ____________ year; in case of violation of this clause, the Seller will be charged a fine in the amount of ________ rubles for each day of delay in fulfilling this condition.
2. Before signing this agreement, the burden of paying utility bills lies with the Seller, after signing this agreement - with the Buyer (this clause is usually added when the Buyer moves into the house immediately, without waiting for the paperwork to be completed).

Among the entire range of real estate transactions, the largest share is occupied by transactions involving the purchase and sale of real estate. The legitimacy of the buyer’s ownership rights to the purchased property depends on the correct execution of such transactions. It should be remembered that all contracts for the sale and purchase of apartments, houses and other real estate are subject to state registration and come into force from the moment of such registration.

To familiarize users of our business portal, we provide as an example a standard sample agreement for the purchase and sale of a residential building.

Contract of purchase and sale of a residential building (sample)

G.________________ _____________________________________

(date in words)

Gr. _____________________________________, residing _____________________________________ ____________________, hereinafter referred to as the Seller, and gr. ___________________________________, residing ________________________________________________________________, hereinafter referred to as the Buyer, have entered into this agreement as follows:

1. The Seller undertakes to transfer into ownership of the Buyer a residential building located at the address: _________________________________________, and the Buyer undertakes to accept the residential building together with the adjacent land plot and the buildings and fixtures erected on it and pay

the stipulated amount for it.

2. The specified house consists of ________ rooms and utility rooms __________________________

The total area of ​​the residential building is __________________________ sq. m. meters, utility rooms ___________________________________________ sq. meters.

3. The house has a plot of land measuring ______ha and the following buildings and fixtures _______________________________________________ (barn, toilet, cellar, well, outbuildings, etc.)

4. The house for sale is under arrest and is not mortgaged; the Seller’s ownership of it is not disputed by anyone.

5. The total price for home ownership is set at _______________________________________ (in words) rubles.

6. All costs associated with the execution of the agreement are borne by the parties jointly, in equal shares (an option is possible when the costs of execution of the agreement, including the state duty, are borne by one of the parties).

7. Payment is made by the Buyer within ___________________________ days after execution of the contract in the manner prescribed by law. The payment is made in a lump sum (option: in equal monthly installments no later than the __________ day of each month of payment). The final payment must be made no later than _____________________________________________

8. Payment is made according to one of the following options (at the choice of the parties): in cash, by transfer to a current account in Sberbank (in this case, the Seller’s current account number, the number and location of the Savings or other bank are indicated), by check, letter of credit and

etc.

9. The parties guarantee the confidentiality of information related to the amount of the contract and forms of payment under the contract.

10. To secure the agreement, the parties provided the following guarantees:

10.1. From the Seller's side _________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

(documents confirming ownership of the house and the absence of claims from third parties).

10.2. From the Buyer's side ________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

(documents confirming solvency and the absence of legal obstacles to purchasing a house).

11. If payment in the form of a one-time payment is delayed by more than ___________ on the part of the Buyer, the Seller has the right to consider itself free from the obligations arising from this agreement. In the case of an ongoing form of payment, the Buyer pays a fine to the Seller in the amount of _________% of the amount not paid on time.

12. By agreement between the parties, the guarantee on the part of the Buyer may be the payment of a deposit in writing. If the contract is not fulfilled due to the fault of the Buyer, the deposit remains with the Seller. If the contract is not fulfilled due to the fault of the Seller, he returns it

Double the amount for the buyer.

13. If, after signing and formalizing the contract, one of the parties refuses to fulfill it, then its liability is determined in accordance with the legislation of the Russian Federation.

14. When concluding this agreement, the parties were aware of the requirements of the civil legislation of the Russian Federation.

15. This agreement must be executed by a notary.

16. All disputes between the parties arising from this agreement are resolved in accordance with the legislation of the Russian Federation.

Made in _________ copies, each of which is equally valid.

A copy of this agreement is kept in the files of the ____________________ notary office in the city of ________________, and ____________ copies are handed over to the parties.

Signatures of the parties:

Salesman _______________________________ ___________________________

(signature)

Buyer _______________________________ ___________________________

(signature)

Certification signature of a notary, seal.

Hello! In this article we will tell you step by step how to sell a residential building with a plot of land. We will tell you what documents the seller and buyer must prepare, how to evaluate their property, and where to look for buyers. And much more.

Step 1. Choose a sales method

Before you start searching for buyers and collecting the necessary documents, you need to decide for yourself who exactly will be involved in the resale of your property.

There are 2 options here:

1. Hire a realtor;
2. Do the selling yourself.

Entrusting the sale of land with a house to a realtor is beneficial if you need to sell the property urgently, or you are afraid of becoming a victim of scammers. In this case, you will have to pay a fairly large amount to the agency, but for this they will do all the work for you (they will find a buyer, help prepare the necessary package of documents, make an accurate assessment of the property, etc.).

If you want to start selling on your own, then it is quite possible to find a potential buyer without outside help. And we’ll tell you exactly how now.

Step 2. We begin to collect documents

Even before you start searching for potential buyers, we advise you to start collecting documents for your property, because... this process can take many months.

So, you will have to collect documents separately for buildings (for example, a house) and separately for a plot of land.

For sale house need to be ordered from BTI tech. passport and floor plan of the building. You come to this organization, write an application according to the sample that will be provided to you, after which engineers visit you, inspect residential property, draw up a floor plan, on the basis of which you will be issued a technical passport.

In order to do so, you need to contact Rosreestr and also inform about your intentions to sell the land. After you write an application, cadastral engineers will come to you, measure your plot and draw up a boundary plan. Within 30 days, employees of the Registration Chamber will check all the documents you brought and issue a cadastral passport.

Perhaps you already have these documents on hand, because... They are issued upon registration of real estate; in this case, they do not need to be ordered.

If your land plot is not registered with Rosreestr, then you will have to carry out a number of additional procedures.

To complete the transaction, the seller must have with him a Certificate of state registration of land rights. If you do not have such a document, then you need to re-register your rights to the land.

Step 3. We evaluate the property

To search for buyers, you need to create an advertisement in which you will have to indicate the price of the property being sold. That is, it is necessary to evaluate the land and house.

You can set the price yourself, or use the services of an appraiser.

If you turn to specialists, then you will receive an accurate assessment of your property + an official document that can be shown to the buyer.

Of course, such services are quite expensive, but you definitely won’t be cheap.

You can set the price yourself. To do this, you need to analyze the real estate market by looking at all newspapers and magazines in your city and visiting specialized sites. Based on available advertisements, you set the price for your property.

The following factors influence price formation:

1. Geographical location of the property being sold;
2. The condition of the house, its number of storeys, communications (gas, water, etc.);
3. Distance from a populated area (or city center);
4. Available infrastructure;
5. Availability of additional buildings (sheds, bathhouses, etc.);
6. Ecological features, the presence of picturesque landscapes nearby;
7. Distance from the roadway, etc.

Step 4. Looking for a buyer

In order to find buyers faster, you need to make sure that the maximum number of people know about your offer.

In addition to this, you can post advertisements in the area where you are selling the property, or distribute flyers.

Do not forget tell everyone you know about the sale, friends, neighbors and relatives. Sometimes word of mouth works better than the Internet.

It would be useful place an ad on a house for sale(or just write “FOR SALE” on the gate).

Step 5. We invite the buyer to view and negotiate

When a potential buyer calls you and is interested in the property for sale, invite him to a viewing. But before showing it, put things in order inside the house and clean the area around it, take out the garbage, take out the trash, demolish dilapidated buildings.

During negotiations, try to be friendly, tactful and unobtrusive. Demonstrate all the advantages of the property you are selling, while briefly mentioning the disadvantages.

Step 6. Drawing up and signing a preliminary agreement

If the buyer has expressed a desire to buy a house with a plot underneath it, invite him to sign a preliminary agreement. It is compiled in any form.

The contract stipulates:

• Essential conditions affecting the execution of the transaction;
• Conditions that relate to the subject of the contract (for example, price);
• The period of time allotted for completing the transaction.

Concluding an agreement is not a prerequisite for completing a transaction, but we would still recommend signing this document.

• Download Preliminary agreement for the purchase and sale of a residential building

Step 7. Collecting all necessary documents

After drawing up and signing a preliminary agreement, you can and should begin collecting documents for the sale of the house and land.

In different situations, the list of documents may differ, but we will provide a list of the main documents:

• Passports and copies of the seller and buyer;
• Notarized power of attorney, if the transaction is not executed by the owner of the property;
• Notarized permission of the spouse to sell real estate, if it was purchased during marriage;
• Permission from the board of trustees (under the administration of your city, district), provided that a minor citizen takes part in the transaction;
• A document that confirms the seller’s ownership of the property being sold (, certificate of inheritance, etc.);
• Technical certificate;
• Floor plan of the house;
• Cadastral passport;
• Boundary plan of the site;
• Certificate of state registration of land rights;
• Certificate of payment of land tax;
• Extract from the house register;
• A certificate confirming the absence of debt on utility bills;
• Extract from Rosreestr;
• A certificate confirming the absence of an encumbrance;
• Preliminary agreement (at the request of the parties).

Step 8. Completing the purchase and sale transaction

Both parties (the current and future owner of the property) must draw up and sign a purchase and sale agreement. This is the main transaction document. Compiled in triplicate.

The 1st remains with the seller;

2nd is given to the buyer;

The 3rd is transferred to Rosreestr.

It can be concluded either with a notary or with any lawyer or without their participation.

• Download the purchase and sale agreement for a Residential Building with a Land Plot

• Download the Agreement for the purchase and sale of a residential building (the land plot under the residential building is owned by the seller on the right of permanent (indefinite) use)

The contract must contain the following clauses:

1. Title of the document;
2. Place and date of his conclusion;
3. List of all objects covered by the agreement;
4. Transaction amount, i.e. price of house and plot;
5. Other terms of the deal.

The contract must include the clause “Transfer of land under the house.”

Step 9. Drawing up a transfer act

The transfer of property can be recorded in the transfer deed. This is a non-binding document and can therefore be compiled in any form.

Step 10. Re-registration of property rights in Rosreestr and full payment

In order for every reader to understand the procedure for processing documents in Rosreestr, let us consider the situation using an example.

Example:

Let's say buyer Petrov sells his property to buyer Ivanov.

On the agreed day, Petrov and Ivanov contact Rosreestr, where the former draws up an application for the transfer of their rights and property. Then Petrov gives the collected documents to the employee of the Registration Chamber (documents listed in step 7 + transfer certificate and 3 copies of the purchase and sale agreement).

Both parties, in the presence of a representative of Rosreestr, sign the necessary documents, after which Ivanov transfers the money for the property to Petrov.

If Petrov wants the buyer to hand over the money for the property to him personally, he takes several witnesses who record the fact of the transfer of funds, after which the seller draws up a receipt that the money was received for the sale of the property.

You can make payments through a safe deposit box. This is a more reliable way for the seller, while the bank can check each bill for authenticity.

After completing all the formalities, Ivanov receives documents within 30 days that confirm his ownership rights to the purchased property.

Design features related to the purchase and sale of land and houses

The legislation of the Russian Federation does not allow selling a house (or any other buildings) without the plot on which it stands. If half of the house, 1/3 or 1/4 of it is purchased, then the buyer is entitled to half, 1/3 or 1/4 of the plot of land, respectively.

The purchase agreement specifies the fact that the buyer is purchasing a building with a plot. At the same time, the price of the building (i.e. the house), the price of the land and the total value of the property are recorded.

Two contracts can be drawn up. One for a plot of land, and the other for a house.

Consequences of selling a house without a plot underneath it

Despite the fact that, according to the Land Code of the Russian Federation, it is impossible to sell a residential building without the land plot on which it is located, there are exceptions.

In 2 cases, it is possible to sell only the house, according to Art. 35 of the Land Code of the Russian Federation:

1. If the land was withdrawn from circulation. This fact must be documented;
2. If for some reason the part of the building being sold cannot be allocated to the new owner along with the land plot.

If the house was sold without a plot, and it does not fall under Art. 35 of the RF Land Code, then the contract is considered invalid. The buyer has the right to draw up a statement of claim and go to court.

The court will oblige the seller to renew the contract and transfer the land plot, otherwise an encumbrance (seizure) will be imposed on the land. After which it will not be possible to sell it, rent it out, give it away, etc.

Conclusion

Registration of a transaction for the purchase and sale of a house with a plot of land is slightly different from the standard procedure. The owner needs to prepare documents separately for the house and separately for the land. However, it is impossible to sell a building without the plot on which it is located. By drawing up one purchase and sale agreement, the buyer becomes the owner of the house and land.

We hope that our article was useful to you and now you know how to register the sale of a house with land. If you have any questions or doubts, we would advise you to seek advice from experienced lawyers.

Salesman can independently set the price correctly, based on the cost of similar real estate, put up for sale. Information of this kind can be easily found with access to the Internet.

A more expensive option is to contact a professional appraiser: in this case, the home owner will either receive an official document - an Appraisal Report, which includes not only the characteristics of the property, but also a market analysis.

When assessing market value, factors such as:

1. Location: infrastructure development in the area, transport accessibility, environmental conditions, nearby facilities.
2. The area of ​​the house and the area of ​​the land.
3. The material from which the house is built.
4. The presence or absence of communications.
5. Year of construction.
6. Condition of the house.
7. Internal improvements.
8. Availability of other objects on the site.
9. Land quality, etc.

Analysis of title documents carried out to establish the legality, ownership, use and disposal owners.

To reduce the time of sale and simplify the procedure for registering the transfer of rights, it is advisable for the seller to have all the documents certifying ownership. If the plot is not registered with the Cadastral Chamber or the house is an unauthorized construction, it is advisable to go through the registration procedure. This will greatly simplify the sale of real estate; moreover, the absence of such documents, as a rule, negatively affects the value of real estate.

A document certifying ownership is a certificate of ownership. This document may be missing: for example, ownership transferred to its current owner before the creation of the state registration system. If the right has not been registered, the seller can contact the Registrar with the title documents:

• bill of sale, agreement or exchanges that have passed state registration;
• when purchasing real estate, a certificate of payment of the appropriate tax is required;
• if the property has been inherited, in addition to the certificate of inheritance, a certificate of payment of the appropriate tax is required;
• if the house was built: an agreement on the provision of a plot for the purpose of building a house on the right of private ownership or an agreement on the right of development, concluded before 08/26/1948) and a registration certificate.

Since, first of all, the buyer is interested in checking the purity of the transaction and the absence of encumbrances on the real estate, before making a decision to purchase real estate, it is necessary to request an extract from the Unified State Register.

Documentation

The following list of documents must be provided:

• Documents on property rights: title and title documents;
• Technical passport of a residential building;
• Extract from the house register;
• Consent of all persons registered in the house with their obligation to check out within the time limits established by the contract;
• Document confirming the absence of tax debts;
• Extract from the Unified State Register;
• Cadastral passport for land or notice of lack of information in the Cadastral Chamber;

If necessary:

• Consent of the spouse, certified by a notary;
• Permission (consent) of the guardianship and trusteeship authorities.

Conclusion of a preliminary agreement

When the parties intend to sign a purchase and sale agreement, they have the right to draw up a preliminary agreement formalizing such intention. The main agreement subsequently is concluded on the terms and conditions specified in the preliminary agreement, which also takes the form of a main document.

• conditions on the subject of the contract;
• essential terms of the main agreement;
• the period within which the signing of the main contract is implied. If the period is not agreed upon by the parties, then it is considered equal to 1 year from the date of conclusion of the preliminary agreement. If one of the parties unreasonably refuses to sign the agreement, the second has the right to go to court. If after the expiration of the period specified by the parties or by law, the main agreement has not been signed, forced signing of the main agreement is impossible, and the preliminary agreement is terminated.

A preliminary purchase and sale agreement is not subject to state registration.

Drawing up the main agreement and transferring money

The contract for the sale and purchase of a residential building with a plot is drawn up in writing and must be signed by the parties. If desired, the agreement can be certified by a notary, but this is not a prerequisite.

The document must contain:

1. Name of the agreement.
2. Date and place of his imprisonment.
3. The subject of the agreement, i.e. a complete list of objects of alienated property.
4. Identification characteristics of each alienated object: location, purpose (category of land), inventory number, area, information on registration of rights in the Unified State Register.
5. Contract price. The amount is indicated in total, as well as separately for each property.
6. Additional conditions: time of taking ownership, guarantees, procedure for paying expenses related to the transaction, etc.).

It is advisable to make cash payments in the presence of witnesses: this can be a realtor, a notary or a bank employee (when placing money in a depository cell of a bank chosen by the parties). The bank also has the ability to check the authenticity of banknotes.

Upon completion of the cash transfer procedure, it would be advisable for the buyer to request a receipt from the seller for receipt of funds. After settlement, the parties sign an agreement and an act of acceptance and transfer of property.

Registration

The law requires registration of the transfer of rights to real estate when completing a purchase and sale transaction, in connection with this the contract is signed in at least 3 copies: one for each party and one kept by the Registrar.

Documents for state registration:

• title documents for both objects;
• cadastral plan (registration certificate) for the house and cadastral extract for the land;
• purchase and sale agreement with transfer deed;
• certificate of persons registered in the house;
• duty payment receipts.

Additionally you may need:

• consent of the spouse, certified by a notary;
• permission or consent of the guardianship and trusteeship authorities;

Both parties to the transaction apply for a passport and an application for state registration. The procedure will take 10 working days.

Finance

If real estate was in the seller's possession for less than three years - he is required to file a tax return in form 3-NDFL and pay tax at a rate of 13%. At the same time, he has the right to a tax deduction, but in an amount not exceeding 1,000,000 rubles, or has the right to reduce the amount of taxable income by the amount of expenses associated with the acquisition of this property.

The buyer also has the right to exercise his right to a property deduction not exceeding RUB 2,000,000. We should not forget that the owner, who becomes the buyer, is the payer of land tax and property tax for individuals.

The cost of assessing an object when contacting a specialized agency will, as a rule, depend on the labor intensity of the process and the remoteness of the object and will amount to at least 6,000 rubles.

When you contact a bank to transfer money, its services will cost from 12 rubles per day.

Checking the legal purity of the transaction when contacting lawyers will cost at least 2,000 rubles. If full support of the transaction is provided, then the cost of such a service will be from 35,000 rubles.

Title insurance will average 0.3% of the amount insurance.

For citizens, the state fee will be 6,000 rubles (2,000 rubles for registering the right to a house and 2,000 for land, 2,000 for registering a contract); for legal entities: 66,000 rubles (22,000 thousand per object, 22,000 for registration of an agreement).

Obtaining an extract from the Unified State Register on paper will cost 200 rubles for citizens and 600 rubles for organizations.

Underwater rocks

Ownership has not been registered for a house or land. The seller may own the land not on the right of ownership, but on the right, for example, of a lifetime inheritable gift.

The house may turn out to be an unauthorized construction, which will subsequently be quite difficult to formalize properly.

Fake power of attorney. When making a transaction where a proxy is acting, it is necessary to contact the notary who issued the power of attorney to make sure that it has not been revoked. It is also worth making sure that the person who issued the power of attorney is legally competent. It would be a good idea to make sure that the owner is even alive.

If the house was sold without the consent of the persons registered in it, the transaction may be challenged judicially. However, in this case, insurance against the risk of loss of ownership can be a salvation, of course, if the buyer takes care of this in advance.

Before selling a house, it is recommended to conduct a professional assessment of the property and put the documents on the property in order, complete the registration of rights to the plot and the house.

When making a transaction documents should be thoroughly checked, it would be advisable to contact a lawyer. However, we should not forget that even professionals cannot give a 100% guarantee of the legal purity of the transaction, so it would be a good idea for the buyer to contact an insurance company.

The most reliable way to transfer funds is to place money in a safe deposit box: firstly, there are witnesses when transferring money, secondly, the bank ensures secure storage of funds, and thirdly, the bank provides additional opportunities for recalculation and verification of the authenticity of banknotes. The transfer acceptance certificate is signed only after settlements are completed.

The final stage will be the registration of the contract and the transfer of rights to the property.

Real estate purchase and sale agreements are always concluded in writing - this is a prerequisite, since registration of the transfer of ownership must be registered with the Rosreestr authorities.

If an apartment is transferred under the transaction, then only this object with all identification features is indicated in the contract. In the same case, when the contract object is a residential building, options are possible here.

The house can be sold separately, as an independent real estate object, or maybe together with the land plot on which it is located.

A land plot is an independent piece of real estate, the right to which must also be re-registered.

Accordingly, if two objects are transferred to the buyer’s ownership, both of them must be included in the text of the agreement.

There should not be any major difficulties in drawing up a contract for the sale and purchase of a house with the simultaneous alienation of land. The structure of such an agreement is clear to everyone - the seller transfers the ownership of the house and the land plot (PL) under it to the buyer, and the buyer undertakes to pay the amount specified in the contract for these objects.

The subject of the transaction and the price are mandatory information that must be included in the contract.

Despite the fact that price, as a general rule, is not an essential condition of purchase and sale agreements, when the object of such an agreement is real estate, the price must be indicated - this is an imperative requirement of the Civil Code of the Russian Federation.

The agreement must consist of the following sections:

• Name of the agreement, date of drafting the agreement and place of its preparation;
• Information about the parties to the transaction. Indicate full name, address, passport details;
• Subject of the transaction. It is necessary to reflect the agreement of the parties on each of the objects of the transaction - the house and the land plot;

For each of these objects, you need to enter identifying information.

The information about the memory indicates:

• full address;
• cadastral number;
• cadastral value;
• total area;
• category and type of permitted use;
• real estate objects located on such a site;
• encumbrances, if any (easement, pledge, lease);
• details of documents on ownership of the land plot (registration certificate, extract from the Unified State Register of Real Estate).

All this information is available in the extract from the Unified State Register of Real Estate, which it is advisable for the buyer to receive before concluding the transaction.

As for a residential building, the contract about it must contain the following information:

• address;
• cadastral number;
• cadastral value;
• total area;
• The memory on which it is located;
• encumbrances (lease, pledge);
• number of storeys;
• wall material;
• year of construction;
• other information from the Unified State Register of Real Estate;
• documents confirming the seller’s rights to the object.

• Transaction amount. You need to write it down in full, down to the ruble and kopeck, and also decipher it letter by word;
• The date of transfer of objects to the buyer according to the deed. The deed will be a mandatory document that confirms that the property has actually been transferred to the buyer;
• Rights and obligations of the parties;
• Responsibility of the parties. You can prescribe penalties for late payment or for untimely transfer of objects under the act;
• Dispute resolution terms;
• Validity period of the terms of the agreement;
• Other agreements between the parties. The procedure for concluding additional agreements or terminating the contract. It is advisable to indicate that in the event of termination of the contract, the parties are obliged to return everything received under the transaction to the other party;
• Signatures of the parties with transcripts.

In the application, you can approve the act of acceptance and transfer of objects.

Documents for concluding a contract of sale and purchase of a house with land

When the deal is signed, the land and house are transferred under the deed, the buyer becomes the actual owner of the property, but legally he is not yet its owner.

To become a full owner, you need to register the transfer of rights in Rosreestr.

To do this, you need to visit the relevant government agency or MFC branch and submit a joint application with the seller.

The application must be accompanied by:

• copies of the parties' passports;
• original purchase and sale agreement;
• original transfer and acceptance certificate;
• notarized consent of the seller’s second spouse to carry out the transaction (if the house and land were acquired during the period of legal marriage);
• seller's title documents;
• receipt of payment of state duty.

If documents are submitted through the MFC, it is important to remember that this is only an intermediary between the applicant and Rosreestr, which will carry out direct registration.

Upon completion of registration actions, a record will be made in the Unified State Register of Real Estate about the new owner of the land plot and the house, and the buyer will be given a corresponding extract. Certificates of registration are not currently issued.

Nuances of a contract for the sale and purchase of a house and land

The buyer needs to do a lot of work before the actual conclusion of the transaction. He needs to check all the title documents, on the basis of which the seller is the owner of the objects being sold, and also request an extract from the Unified State Register for the object in order to verify the technical data.

This check will need to be carried out both in relation to the storage unit and at home.

Using a public cadastral map, you can also take a bird's eye view of the site.

In the contract, you must remember to include all identifying information for each transferred real estate object.

Regarding additional buildings, such as a bathhouse, barn, cellar, if they are not objects of capital construction and are not registered as real estate, then they will simply follow the fate of the land plot.

They can be specified in the contract without additional identification.

If any of the auxiliary buildings are registered as real estate, then it acts as a separate element of the transaction. Such an object must be included in the contract along with the house and land plot.

In practice, such buildings in the vast majority of cases are not registered and are recognized as movable property.