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Agency agreement for the sale of real estate

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Where to get an apartment for sale? And what does the registration of the sale include?
Most property owners and their buyers believe that for this it is necessary to draw up a contract of sale of an apartment and this is enough. In fact, it turns out that everything is not so simple!

Article updated January 6, 2019

Rosreestr does not provide a service for the preparation of sales contracts
MFC does not provide services for the preparation of sales contracts

There are no meeting rooms in these departments.
Third-party organizations renting premises at document reception offices and offering contract drafting services do not have any relation to Rosreestr.

You can sign a ready-made contract of sale and securely transfer money to large bank officesin, there are meeting rooms.

The content of the article is detailed:

The first stage is the preparation of preliminary agreements

To prepare such a serious and expensive transaction as buying and selling real estate, as a rule, it takes time - from several days to several weeks. Therefore, preliminary agreements on the price, procedure and terms of payment for real estate, the date of signing the main contract of sale, must be documented so that none of the parties to the transaction changes them.
If the conditions are not written on paper in 90% of cases, the transaction “falls apart” due to a price increase or other material conditions.

So, the first stage of the transaction

Before signing any documents with the seller - get reliable information about the property from USRN. Since the certificate of ownership is a conditionally reliable document.

You draw up these documents yourself. They are signed by the legitimate parties to the transaction and immediately enter into legal force. These are important documents, the main thing is to compile them correctly.

As a rule, the signing of such documents takes place in the purchased apartment and the Buyer has the opportunity to once again inspect the apartment for no hidden defects and examine the original documents for the apartment and identification cards (passports, birth certificates, etc.) of the owners.

Further, usually within 1-3 weeks, depending on the situation, the presence of long holidays, when state bodies do not work and other circumstances, a package of documents for the transaction is prepared.

Watch the video tutorial:

1. THE SUBJECT OF THE AGREEMENT. GENERAL PROVISIONS

1.1. The Principal instructs, and the Agent undertakes, for a fee, to commit, on behalf of and at the expense of the Principal, a set of legal and factual actions aimed at selling the property owned by the Principal on the property right located at: (hereinafter referred to as the “Object”). The object is subject to sale with all inseparable improvements and equipment (plumbing, heating and other equipment, communications). The characteristics of the facility are indicated by the Parties in Appendix No. 1 to this Agreement. The ownership of the object is confirmed.

1.2. Under this Agreement, the Principal grants the Agent the exclusive right to search for the buyer (s) and sale of the specified object.

1.3. The object is subject to sale at a price not lower than rubles. The price of an object may be reduced in comparison with the price specified in this paragraph only with the written consent of the Principal.

1.4. The agent guarantees the absence of contractual and other relations with persons who could have an impact on the implementation of this Agreement. The Agent guarantees its independence and objectivity during the execution of this Agreement.

1.5. The rights and obligations under a transaction made by the Agent pursuant to this Agreement arise directly from the Principal.

Greetings from the author and founder of the site

I am glad to welcome you to my copyrighted site, "Real Estate Transactions in Russia."

My name is Slobodchikova Olga Dmitrievna. Since 2006, I have been involved in the maintenance of complex and very complex real estate transactions and am glad to share my experience and knowledge with you.
I oversaw over 1000 transactions, in 250 of which, I went all the way with the client until the registration of the property right “hand in hand”.
None of my transactions have been challenged.

In only one transaction did my client lose the deposit, only because he himself postponed the purchase for a longer period due to family circumstances. But of course I was warned about the irrevocability of the deposit, until the signing of the agreement and the transfer of money.

This site contains 335 of my articles, of which you will find answers to key questions about real estate transactions and registration of property rights in accordance with the latest changes in laws and procedures.

All my design recommendations are verified by the experience of successful transactions and are aimed at preventing errors and financial losses. Follow the "step by step".

The materials on the site comply with the requirements of Federal Law-218 “On State Registration of Real Estate” as amended on 05/01/2019.

The site has been operating since 2015.
He has already been visited by more 3 300 000 people, each of whom received the latest information on the correct execution of a real estate transaction, and almost half of the visitors returned to the site several times. This is a very high appreciation of my work.
Thank.

Livelnternet's attendance informer is at the bottom of the page and you can see how many people are on the site at the same time.

The materials of these projects have been repeatedly tested on experience and can serve you as a reliable source of relevant information, as well as practical tools for self-documenting the transaction.

Be sure to go to the main page of the site - there are important articles with the latest changes.

I wish everyone a successful deal. Get proven knowledge and do not doubt your strength.

Regards, Author.
07/22/2019 year

Email: [email protected]

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Agent agrees:

2.1.1. Conduct a legal examination of documents proving the Principal's ownership of the object.

2.1.2. Together with the Principal, develop the terms of the contract of sale of the object, the form and procedure for settlements, as well as a package of advertising materials for the sale of the object.

2.1.3. Conduct marketing research in order to determine the circle of potential buyers. The results of the study are presented to the Principal in the form of a report.

2.1.4. Search for a person interested in acquiring the Principal's property.

2.1.5. To conduct preliminary negotiations with potential buyers.

2.1.6. Organize meetings of prospective buyers with the Principal.

2.1.7. Together with the Principal, prepare the documents necessary for concluding a contract of sale of the object.

2.1.8. Attend negotiations and meetings with all potential buyers.

2.1.9. To inform the Principal, upon request, of all the information on the progress in the execution of this Agreement and, if necessary, to submit relevant documents (copies of documents).

2.1.10. Provide potential buyers with written information about the object only if this information is provided by the Principal or obtained from official sources.

2.1.11. To make at his own expense payment for the services of specialists and organizations involved by the Agent in order to fulfill their obligations under this Agreement.

2.1.12. Represent the interests of the Principal in relations with third parties related to the execution of this Agreement, including in authorized bodies, on the basis of a power of attorney issued by the Principal.

2.1.13. Advise the Principal on issues of legislative regulation of property rights to real estate, as well as on investment activities.

2.1.14. Inform the Principal regarding current prices for similar real estate located in the territory, based on data on concluded sales transactions of the said objects.

2.1.15. On conditions agreed upon with the Principal, and at the expense of the Principal, involve builders, appraisers and other specialists in order to prepare the necessary documentation for the facility, as well as to generate promotional materials and implement the facility.

2.1.16. Execute the order of the Principal under this Agreement on the terms most favorable to him.

2.1.17. Within days from the date of execution of the order under this Agreement (Clause 2.10 of this Agreement), submit to the Principal a report on the execution of the order. Documents confirming the Agent’s expenses incurred by him in accordance with clause 3.5 of this Agreement must be attached to the report.

2.2. Agent has the right:

2.2.1. Demand and receive from the Principal all necessary documents, including plans, projects, calculations, expert opinions related to the facility.

2.2.2. Require and receive from the Principal any title documents for the facility.

2.2.3. Make copies of any documents for use in order to fulfill obligations under this Agreement.

2.2.4. Use the services of any individuals and legal entities in order to timely and high-quality performance of obligations under the Agreement.

2.3. Principal undertakes:

2.3.1. Provide the Agent with all the information and documents that he has that are necessary to search for buyers and conclude an object sale and purchase agreement.

2.3.2. Provide the Agent with documents confirming the Principal's rights to the object.

2.3.3. Together with the Agent, develop the terms of the contract of sale of the object, the form and procedure for settlements, as well as a package of advertising materials for the sale of the object.

2.3.4. Provide the Agent with the necessary authority to execute this Agreement, issuing it with an appropriate power of attorney.

2.3.5. Accept from the Agent protocols of negotiations, letters, certificates of work and other materials.

2.3.6. Negotiate with prospective buyers or their representatives only in the presence of the Agent.

2.3.7. Timely, at least for warning the Agent about the time and place of negotiations on issues related to the sale of the object.

2.3.8. During the term of this Agreement, do not enter into relations with third parties on the subject of this Agreement.

2.3.9. To familiarize oneself with the Agent’s report submitted in accordance with clause 2.1.17 of this Agreement and approve it or inform the Agent of its objections to the report within days from the day it is received. In the absence of objections from the Principal within the time period established by this clause, the Agent’s report shall be considered adopted.

2.3.10. To pay the Agent remuneration in the manner, terms and on the terms established by this Agreement.

2.3.11. Compensate to the Agent the expenses incurred by him in connection with the execution of this Agreement in the amount, terms and on the terms established by this Agreement.

2.3.12. Direct all potential buyers who contacted him and their representatives directly to the Agent.

2.4. The Principal guarantees that at the time of conclusion of this Agreement the object is not a subject of pledge, is not leased out for a long-term (for a period of more than one year), is not transferred to third parties for free use, it is not levied for any reason, and also the object is not claimed any claims by third parties and authorized state bodies.

2.5. The Principal guarantees that at the time of conclusion of this Agreement there are no agreements or other agreements on the sale, donation or alienation of the object on other grounds, on the transfer of the object for rent, for free use.

2.6. In case of foreclosure on the object, the Principal is obliged to immediately inform the Agent about it.

2.7. The Principal undertakes, during the period of this Agreement, not to pledge the object, not to lease it, not to lease it for free, not to sell it, not to give or alienate it in any other way without notifying the Agent.

2.8. Principal has the right:

2.8.1. Require the Agent to provide information and reports on the progress of the execution of the Agreement, copies of documents confirming the work carried out by the Agent.

2.8.2. To request from the Agent data on potential buyers and information on negotiations held, drawn up by the relevant protocols.

2.8.3. Attend all negotiations with potential buyers on the preparation of a contract of sale.

2.9. The obligations of the Agent to the Principal are considered fulfilled in the following cases:

  • if the Principal has signed the contract of sale of the object with the buyer (citizen or legal entity) represented by the Agent,
  • if the Principal has signed a contract of sale of the object with a person or organization that is a participant (founders), shareholders of the organization represented by the Agent as a potential buyer,
  • if the Principal has signed the contract of sale of the object with the organization, the founder (participant), the shareholder of which is at least one of the leaders of the organization represented by the Agent as a potential buyer,
  • if the Principal has signed a purchase and sale agreement with an organization in which at least one of the founders (participants), shareholders or one of the leaders is at least one of the founders (participants), shareholders or one of the leaders of the organization represented by the Agent as the principal buyer .
The obligations of the Agent shall be deemed fulfilled if the purchase and sale agreement is signed with the persons specified in this clause during the term of this Agreement and also after the expiration of this Agreement.

2.10. The date of execution of the order under this Agreement is the date of signing the contract of sale of the object between the Principal and a third party.

3. REWARD OF THE AGENT. REIMBURSEMENT AGENT EXPENDITURES

3.1. Agent fee is% of the purchase price of the object.

3.2. The agency fee established by clause 3.1 of this Agreement is paid by the Principal within days from the date of approval of the Agent's report by the Principal.

3.3. Payment of agent remuneration is made by transferring funds by the Principal to the account of the Agent.

3.4. The day of payment is the day of receipt of funds to the account of the Agent.

3.5. The Principal shall reimburse the expenses incurred by the Agent:

  • in the amount of rubles,
  • in the amount of rubles,

3.6. Expenses are reimbursed by the Principal in the time and manner established by this Agreement for the payment of remuneration.

4. DURATION OF THE AGREEMENT. RESPONSIBILITY OF PARTIES

4.1. This Agreement shall enter into force on the date of its signing by the Parties.

4.2. The contract is terminated in cases established by the current legislation of the Russian Federation.

4.3. For non-performance or improper performance of obligations under this Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

5. OTHER TERMS

5.1. All disagreements arising in the course of the execution of this Agreement will, as far as possible, be resolved through negotiations.

5.2. If the Parties do not come to an agreement on contentious issues, disputes will be referred to the court for consideration in the manner provided for by the current legislation of the Russian Federation.

5.3. In all other respects not provided for by this Agreement, the Parties shall be governed by the current legislation of the Russian Federation.

5.4. This Agreement is concluded in duplicate, one for each of the Parties.

Subtleties of a contract for the sale of a residential building

When concluding a purchase and sale transaction for residential property, in this case, it concerns a private house, an agreement is drawn up in which both parties participate:

A seller of real estate can be either the owner of a residential building or a person who has a legal right to dispose of housing and carry out any transactions, which must be confirmed by a notarized power of attorney to dispose of the property.

Features of the sale of a residential building

The main feature of the contract for the sale of a residential building is that in addition to the residential building, the buyer draws up ownership of the land on which the property is located. In turn, for the legal execution of the transaction, so that there would not be any problems in the future, the land should be entered into cadastral registration and have a cadastral number. In any case, it is impossible to sell a house without a plot.

Filling out a contract for the sale of a residential building

On the contract paper there are required fields for filling in which it is necessary to indicate the following data:

  • the address where the house is located,
  • living area of ​​real estate,
  • date of construction of the house,
  • the purpose of the land and the object standing on it (i.e. a residential building),
  • the value of the property along with the land.

Pros and cons of working with a realtor

Pros of working with a realtor:

  • quick buyer search (usually up to 3 months),
  • apartment marketing plan,
  • receiving calls from customers and organizing views,
  • verification of all documents before the transaction.

Перед тем, как заключать договор с агентством недвижимости нужно тщательно проверить его репутацию, документы о регистрации, а также отзывы клиентов.

Минусы от сотрудничества с риэлтором:

  • высокие комиссионные (до 5% стоимости квартиры),
  • risk of fraud (conspiracy with the buyer or disappearance after the transfer of the advance payment),
  • loss of deposit for early termination of the contract,
  • slow work and a minimum of buyers.

The times of "black" realtors are long gone, but when working with real estate agencies, problems of a different kind may arise. For example, a realtor may have a very small customer base and, having entered into an exclusive contract with such a company, the seller or buyer of the apartment will only waste time in vain.

There are also cases of petty fraud, when the contract is concluded with only one purpose - to get an advance. Further, an unscrupulous agent simply turns off the phone or simulates an activity without any results.

Why do you need to conclude an agreement?

An agent contract for the purchase or sale of housing with a realtor is required. Otherwise, there is a risk of wasting time and money in vain. The agreement sets out in detail the entire range of services that must be provided in exchange for a commission or a fixed payment, as well as responsibility for their failure to be performed.

The services of a realtor include:

  • free appraisal of the apartment,
  • marketing plan for promoting a sales ad,
  • search for a buyer and conducting inspections,
  • Negotiating with clients and advertising them apartments,
  • verification of all documents and preparation for the sale.

A real estate agency often deals not only with the banal mixing of the buyer and seller, but also provides preparation for the sale of the apartment, collects the information necessary to complete the transaction, as well as legal expertise of the title documents.

The Realtors Guild has developed a model agency agreement that has undergone legal review and contains all the important points that describe the relationship between the customer and the contractor. It is advisable to familiarize yourself with it before signing the contract that the realtor offers.

Required documents

To conclude an agreement, you will need to collect a small package of documents. When concluding a contract, a realtor will be required:

  • passport,
  • power of attorney from a real estate company indicating powers.

Documents from a real estate agency:

  • constituent documents
  • certificate of state registration,
  • certificate of tax registration.

Documents from the customer services:

  • passport, TIN or SNILS - for the seller and buyer of the apartment,
  • copies of documents of title to the apartment (extended extract from the USRN, copy of the contract of sale, etc.) - for the seller of the apartment,
  • permission of the guardianship authorities - for the seller of the apartment, if the housing is sold where the child is registered,
  • an extract from the home of the book, a certificate of absence of debt for utility bills - for the seller of the apartment.

Upon execution of the contract, the original documents can be transferred to the real estate company for storage. But most often ordinary copies are transmitted so that the potential buyer can make sure that everything is in order with the documents.

How to compose?

The contract for the provision of real estate services is drawn up according to all the requirements of the Civil Code of the Russian Federation (Articles 779-782). The law on consumer protection also regulates legal relations in the field of intermediary services. The contract shall indicate:

  • thing,
  • rights and obligations of the parties,
  • object of alienation
  • cost of services,
  • the duration of the agreement
  • termination procedure.

The contract is executed in simple writing and signed by the seller and the head of the real estate company or its legal representative.

An application to the contract may be an act of work performed.. It is drawn up after the buyer has already been found, the transaction has taken place, and the services of a realtor are paid.

Consider the main sections of the contract in more detail.

This section indicates the name of the real estate company, full name Director acting on the basis of the charter or legal representative (with reference to the power of attorney, date of drawing up). The second party to the contract is the seller of the apartment (customer). His name, date of birth, passport details, registration address and telephone number must be indicated.

In the agreement, the subject matter is real estate services. The company undertakes to provide them within the framework described in the contract, and the seller of the apartment - to pay. The scope of these services should be clearly stated. This is, first of all:

  1. search for the buyer of the apartment (the address, cadastral number are indicated in the contract),
  2. consulting services, which include appraisal of the apartment.

Duties of the parties

The contract lists all the rights and obligations of the contractor and the customer (seller of the apartment). The list of duties of the customer includes:

  1. provision of documents for the apartment (in the form of copies or originals, if provided for by the contract),
  2. assist at all stages of preparation and conduct of the transaction,
  3. pay for the services of a performer,
  4. sign the certificate of completion.

Responsibilities of a real estate company:

  1. an advertising campaign for the sale of an apartment (indicating specific sites and other media),
  2. selection of potential buyers and organization of views,
  3. negotiating the terms of the transaction with customers,
  4. verification of documents and organization of the transaction.

All obligations of a realtor must be clearly stated in the contract. Only in this case, the client will have an occasion to demand that the contractor steadily fulfill his obligations.

Cost of services and settlement procedure

Realtor services must be paid at the time specified in the contract. Typically, the amount of the commission is 2-5% of the cost of the apartment or a fixed amount from 30 to 100 thousand rubles.

Most often, payment for realtor services is divided into two parts. The first is payable regardless of the fact of the sale of the apartment. Even in case of early termination of the contract, this deposit is not returned. And the second part is the remainder of the amount, which is paid only if the buyer is found and the transaction is completed. Payment for the second part is carried out no later than the day the customer signs the contract of sale of the apartment.

Agreements without a deposit are also possible, under which the entire amount is paid in cash or by transfer to the account of the contractor after signing the deed.

How to terminate?

The seller of the apartment has the right at any time to refuse the services of a realtor, but subject to payment of the expenses actually incurred by him (Article 782 of the Civil Code of the Russian Federation). In this case, the contract is considered terminated from the moment the money reaches the account of the real estate company.

Article 782 of the Civil Code of the Russian Federation. Unilateral refusal to perform an onerous services agreement

  1. The customer has the right to refuse to execute the contract for the provision of services on the condition that the contractor pays the expenses actually incurred by him.
  2. The Contractor has the right to refuse to fulfill obligations under the contract for the provision of services for a fee only if the customer is fully compensated for losses.

The seller of the apartment has the right to refuse the realtor if:

  • he did not start providing services on time,
  • from the very beginning there are problems with fulfilling the terms of the contract.

In the event of a breakdown on the initiative of the customer, he is obliged to pay a fee in the amount proportional to the actual services received. Settlements are made in the following way: 5% of the promised amount is compensated for the preparation of the sales contract, 30% for the search for the client (if one was found) and 65% for the execution of the deed (as a representative of the customer).

The parties are also entitled to terminate the contract at any time by mutual agreement.

Responsibility for violation of the terms of the transaction

When drawing up a contract for the provision of real estate services, responsibility for its non-fulfillment, as well as for the safety of documents for the apartment (if they are transferred for storage) is necessarily registered.

Customer Responsibilities:

  • in case of violation of the payment terms - a fine (on average from 0.1-0.2% of the amount for each day of delay),
  • loss of deposit in case of termination of the contract ahead of schedule,
  • obligation to compensate for the restoration of documents.

Responsibility measures for a realtor are rarely actually indicated in the contract, so the client always has the opportunity to terminate the contract ahead of schedule if he does not like something. But it’s still necessary to prescribe such items, for example, responsibility for disrupting the transaction through the fault of the agency. As a measure of responsibility, you can establish the obligation to compensate for the damage that the seller or buyer of the apartment suffered as a result of such actions.

Underwater rocks

The contract for the provision of real estate services is drawn up by the company, and the customer agrees to its terms or not. Corrections and additions to the contract are extremely rare. Therefore, the text of the agreement should be studied very carefully.

Pay attention to the following points.:

  • deadlines for fulfillment of obligations (the contract should not be unlimited),
  • settlement procedure and the final cost of services (there should be no vague wording about services that may require additional payment),
  • a ban on communication with the buyer before the transaction (this requirement is illegal and often speaks only about the opaque work of a realtor),
  • fines for the customer for any reason, for example, for disrupting viewing, etc. (a bonded contract is disadvantageous to the seller or buyer of real estate),
  • a ban on contacting other realtors (this is possible only with the execution of an exclusive contract).

For the seller of real estate, the most profitable contract is according to which a settlement with a realtor is made at the time of the transaction. In this case, he does not lose the deposit, if the cooperation does not work out and can calmly choose between 2-3 realtors - who will bring the buyer to that he will pay.

Please note that verification of the legal purity of the transaction is not carried out by all realtors. Many require additional payment for this.

In practice, this means, in the second aspect, that in the absence of an adopted and effective law on real estate activities, the so-called model contracts can only be of a recommendatory nature. Which opens up the possibility for him to make corrections on the part of the client at his own discretion, but within the framework of the current legislation (that is, the main points listed in the article above).

Thus, if the intermediary (realtor, realtor agency) insists on the immutability of the contract, the impossibility to make any amendments to it, allegedly referring to the law, then, most likely, there are reasons to not trust such a person (organization) and think about options search for another. Especially in case of categorical refusal. However, theoretically, the law allows for the appeal of such refusals through the courts. Just in a practical sense, this is not only a considerable loss of time, initially the relationship can be considered spoiled, and the result is unpromising.

The first aspect is related to the fact that if the owner / buyer does not have the time, desire, necessary knowledge (legal nuances of real estate transactions, real estate market) to independently search for an immovable property or sell it, he delegates this by concluding an agreement on rendering corresponding service.
That is, the work carried out in this case requires payment. Therefore, such an agreed minimum must be present in the contract (a specific amount or actual costs incurred, documented). Cases should also be described when the client himself eventually finds the buyer / seller, so that no further questions arise on this topic. As much as possible, it is worth reflecting the components of payment and terms.

As for penalties and fines, one should nevertheless rely on the current legislation (primarily on the refinancing rate established by the Central Bank of the Russian Federation, since this is a criterion unambiguously accepted by the court).

Thus, if a potential client does not have an understanding of not only the real estate market, but also the legal aspects of concluding a contract for the provision of real estate services, then an additional legal review by professionals will obviously not be superfluous. Especially given the increase in the value of real estate.

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