Kyiv City Notary District
Notary Horburov Kirill Evgenovich
Preliminary contract of sale of real estate
A preliminary contract for the purchase and sale of real estate is a contract in which the parties undertake to enter into a contract in the future (the main contract of sale) on the terms established by the previous contract (Article 635 of the Civil Code of Ukraine).
In the previous contract (sample) it is necessary to specify:
- the price of the object;
- the amount of the mandatory payment (deposit);
- actions of the parties in case of termination of the contract;
- actions of the parties in case of refusal to buy or sell;
- deposit return procedure;
- the term of signing the main contract;
- the date by which the seller will vacate the property.
Notary Horburov Kirill Evgenovich
Honored lawyer of Ukraine
Kyiv, str. Pirohova 2 (University subway)
Draw up (order) a preliminary contract
List of necessary documents for execution of the preliminary contract
From the individual seller:
- Passport.
- Registration number of the taxpayer's account card.
- Consent of the other spouse (if the property was purchased by a person who was in a registered marriage). If the other spouse will be present at the signing of the contract in person, he/she must bring his/her passport, registration number of the taxpayer's registration card and marriage certificate.
From the seller of a legal entity:
- Director's passport.
- Protocol on the election of the Director.
- Order on the appointment of the Director.
- Statute/description.
- In the absence of the Director's authority to sign a contract of sale on behalf of the Company, a decision/protocol authorizing the Director to sign a contract of sale of real estate is additionally required.
- Seal of YuO.
From the individual buyer:
- Passport.
- Registration number of the taxpayer's account card.
- Consent of the other spouse (if the apartment is acquired by a person who is in a registered marriage). If the other spouse will be present at the signing of the contract in person, he/she must bring his/her passport, registration number of the taxpayer's registration card and marriage certificate.
From the legal entity buyer:
- Director's passport.
- Protocol on the election of the Director;
- Order on the appointment of the Director;
- Statute/description;
- In the absence of the Director's authority to sign a contract of sale on behalf of the Company, a decision/protocol authorizing the Director to sign a contract of sale of real estate is additionally required.
- Seal of YuO.
Essential conditions of the previous contract
The law may establish a limit on the term (term) in which the main contract must be concluded on the basis of the previous contract.
The essential terms of the main contract, which are not established by the previous contract, are agreed upon in the order established by the parties in the previous contract, if such order is not established by acts of civil legislation.
The preliminary contract is concluded in the form established for the main contract, and if the form of the main contract is not established, in written form.
A preliminary contract for the sale of an object under construction or a future object of real estate is subject to notarization.
The party that unreasonably evades the conclusion of the contract provided for in the previous contract must compensate the other party for damages caused by the delay, unless otherwise established by the previous contract or acts of civil legislation.
The obligation established by the preliminary agreement is terminated if the main agreement is not concluded within the term (in the term) established by the preliminary agreement, or if neither party sends the other party an offer to conclude it.
- to get an answer to the question, use the consultation
Sample preliminary agreement
- attention, this is only a draft document, send a request, so that the notary can create a preliminary contract specifically for your needs
Notary Kyiv, Shevchenkivskyi district
St. Pyrogova, 2, University subway
Daily 08:00-20:00
Horburov Kirill Yevhenovich
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Notary Horburov Kirill Evgenovich
HONORED LAWYER OF UKRAINE
St. 2 Pyrohova St., Kyiv, 01054
+38 (073) 510-10-07
gorburov@gmail.com
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