Preliminary agreement for the purchase and sale of an apartment, sample filling. Preliminary agreement for the purchase and sale of an apartment Preliminary agreement: guarantees

13.11.2021 | Structure

Apartment purchase and sale agreement 2020 download form free

08.01.2020

Contract of sale of an apartment - a document confirming the transfer of ownership of the apartment from one party to the transaction (seller) to the other (buyer). According to the contractthe seller undertakes to transfer ownership of the apartment to the buyer, and the buyer undertakes to accept the apartment and pay a certain amount of money for it, its price. Notarization of the apartment purchase and sale agreement is not required and the mandatory notarial form of such an agreement is not provided for by law,however, if desired, the parties have the right to provide for its notarization.The forms are approximate and can be adjusted depending on the specific situation and needs.You can choose the form that suits you best.

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Download forms (samples) - examples of apartment purchase and sale agreements from third-party sites

From the Rosreestr website

Agreement for the purchase and sale of an apartment using credit funds (mortgage)
Apartment purchase and sale agreement (in case of shared ownership)

WITH siteYandex.Real Estate (Verified by lawyers: Yandex.Real Estate, with the help of lawyers, has prepared documents that most fully describe all the nuances of concluding transactions - from a description of the real estate object and property to the step-by-step process of payment for the transaction and cases when it can be suspended. The documents are universal and protect the rights of all parties to the transaction).

One of the main documents confirming ownership of an apartment. Whether it is drawn up correctly may determine whether you will lose your apartment or money if some dispute arises. The purchase and sale agreement is considered concluded from the moment of signing: the seller and the buyer have obligations to fulfill its terms. You cannot change your mind about buying or selling an apartment after signing the contract.

An advance is needed to reserve an apartment for the buyer as confirmation of the seriousness of his intention to buy it. The advance amount is deducted from the transaction price of the apartment. It is worth distinguishing between an advance and a deposit. An advance is an advance payment that will need to be returned if the deal goes wrong due to someone else’s initiative. The deposit is the financial security of the agreement. If the buyer refuses to buy the apartment, the deposit will not be returned to him. In this case, a deposit agreement must be signed.

general information

The agreement is drawn up in writing in at least two copies. According to the general rule, the terms of the contract are determined at the discretion of the parties, except in cases where the content of the relevant term is prescribed by law or other legal acts (Article 421 of the Civil Code of the Russian Federation).

The contract must contain the following:
1. The name of the parties to the agreement is indicated in full: last name, first name, patronymic, date and place of birth, citizenship, gender, name and details of the citizen’s identity document, address of the permanent place of residence or primary residence of the individual.
2. In the contract for the purchase and sale of housing, it is necessary to accurately indicate the address and location on the land plot; purpose of the object; area, including residential area, number of storeys and other necessary parameters that make it possible to unambiguously determine the subject of the contract. If this data is missing, then the contract is considered not concluded.
3. The purchase and sale agreement must provide for the price of residential premises, which is determined by agreement of the parties. When selling residential premises with an installment plan, the contract must indicate the amount of payments, the payment procedure, and the timing of payments. If residential premises are purchased using bank loans, then the purchase and sale agreement should indicate the details of the loan agreement and attach a copy of it.
4. An essential condition of the contract is the listing of persons who have the right to use this residential premises, indicating their rights.
In addition, the contract must indicate the type of right and details of the title document on the basis of which the seller has this right (for example, a certificate of inheritance, a court decision, etc.); restrictions on the rights of the seller, encumbrance of property with arrests, liens, rights of third parties or guarantees from the seller about the absence of such. In this regard, it should be noted that the seller can dispose of real estate by concluding a purchase and sale agreement only if his ownership of this real estate has been registered.
In addition, if the residential premises are the joint property of the spouses, then in order to conclude an agreement, a notarized consent of the spouse for the sale or purchase of housing is required (Article 35 of the Family Code of the Russian Federation).
The transfer of real estate and its acceptance by the buyer is carried out according to a transfer deed signed by the parties. Finally, the main condition for the validity of a purchase and sale agreement is its state registration in the Office of the Federal Service for State Registration, Cadastre and Cartography, or in its territorial departments at the location of the real estate.

To carry out state registration of a contract of sale, exchange, donation, rent (lifetime maintenance with dependents) of residential premises and the right to residential premises arising on the basis of such an agreement, it is required to submit, among other things, Extracts from the house register (certificates of persons entitled use of residential premises). .

State registration of rights to real estate and transactions with it is a legal act of recognition and confirmation by the state of the occurrence, limitation (encumbrance), transfer or termination of rights to real estate in accordance with the Civil Code of the Russian Federation.
State registration is the only evidence of the existence of a registered right. The registered right to real estate can only be challenged in court.
State registration of rights is carried out throughout the Russian Federation according to the system established by Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it” (hereinafter referred to as the Registration Law) system of records of rights to each object of real estate in the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate).
State registration of rights is carried out at the location of real estate within the registration district, unless otherwise provided by the Registration Law. .
Source Rosreestr: , presence of minors registered in the alienated apartment. P When purchasing an apartment with a mortgage, a mixed agreement of purchase and sale and mortgage of housing is drawn up between the parties. In addition to the seller and the buyer, there is usually a third party in the contract - the creditor.

Also, a preliminary agreement for the purchase and sale of an apartment can be concluded between the parties. In essence, this is an agreement on the upcoming contract, which substantiates the parties’ intentions to conclude a main contract after a certain time. The reason for concluding such an agreement, as a rule, is that one of the parties needs to collect additional documents or the required amount of funds.The preliminary agreement is not subject to registration.

I, a citizen of the Russian Federation: Sergeev Sergey Sergeevich, born 01/01/1991, place of birth: Kaliningrad city, Kaliningrad region, Russia, unmarried, holding a passport 20 20 202020, issued 09/09/2009 Branch of the Federal Migration Service of Russia for the city of Kaliningrad, subdivision code 312-001, residing at: Kaliningrad region, Kaliningrad city, st. Kaliningradskaya, house 100, apt. 100, hereinafter referred to as the “SELLER”, and

I, a citizen of the Russian Federation: Alexandrova Alexandra Alexandrovna, born 01/01/1991, place of birth: Kaliningrad city, Kaliningrad region, Russia, unmarried, with a passport 30 30 303030, issued on December 12, 2009 Federal Migration Service of Russia for the city of Kaliningrad, subdivision code 312-001, residing at: Kaliningrad region, Kaliningrad city, st. Kaliningradskaya, house 200, apt. 200, hereinafter referred to as the “BUYER”, have entered into this agreement as follows:

1. The “SELLER” undertakes to sell and the “BUYER” to buy ownership of an apartment belonging to the “SELLER” with a total area 62.52 (sixty-two point fifty-two) sq. m., located at: Kaliningrad region, Kaliningrad city, st. Kaliningradskaya, house 101 (one hundred and one), apt. 10 (ten).

2. The specified apartment belongs to the “SELLER” on the right of ownership on the basis of: Sale and purchase agreement dated October 23, 2000, concluded in the city of Kaliningrad, about which registration entry No. 39-39/053/34-345 was made in the Unified State Register of Real Estate and transactions with it on November 5, 2000, on the basis of which on November 5, 2000, Institution of Justice for the Kaliningrad region issued Certificate of State Registration of Rights No. 39-AA No. 234234.

3. The specified apartment is sold by the “SELLER” to the “BUYER” for 1,000,000 (one million) rubles . The sale price of the specified apartment is contractual and true; any other documents that indicate a different sale price of this apartment are considered invalid.

4. Payment between the “SELLER” and the “BUYER” will be made in the following order: part of the cost of the apartment in the amount 100,000 (one hundred thousand) rubles, is transferred to the “SELLER” as an advance payment upon signing this agreement, and the remaining part of the cost of the apartment in the amount of 900,000 (nine hundred thousand) rubles will be transferred to the “SELLER” by the “BUYER” upon signing the main agreement for the sale and purchase of the apartment.

5. The “SELLER” guarantees that at the time of this agreement the specified apartment has not been donated to anyone, not sold, not mortgaged, is not under arrest / prohibition / in a dispute and is free from any rights of third parties. The “SELLER” is responsible for concealing information about the location of this apartment under prohibition or in collateral.

6. Before concluding the main purchase and sale agreement, the “SELLER” is prohibited from alienating, leasing, mortgaging or otherwise transferring the rights to the above-mentioned apartment to third parties.

7. Transfer of the apartment, in accordance with Art. 556 of the Civil Code of the Russian Federation, will be carried out according to the transfer deed, on the day of signing the main agreement for the purchase and sale of the apartment, with the obligatory delivery by the “SELLER” to the “BUYER” of the keys to the front door.

8. The “SELLER” undertakes to transfer the above-mentioned apartment in the same quality condition as it is at the time of signing this agreement, suitable for living, not burdened with debt on utility bills. If debts on the above payments are identified, responsibility for their payment falls on the “SELLER”.

9. The “BUYER” will acquire the right of ownership / possession, use, disposal / of the specified apartment in accordance with the main purchase and sale agreement concluded, no later than December 4, 2017, between the parties.

10. This agreement contains the entire scope of agreements between the parties regarding the subject matter of this agreement. The content and meaning of this agreement are clear to the parties. The responsibilities and rights of the parties not provided for in this agreement are determined in accordance with the current legislation of the Russian Federation.

11. All changes and additions to this agreement are considered valid if they are made in writing and signed by representatives of each party.

12. All expenses for completing the purchase and sale transaction of this apartment, including the cost of preparing the necessary package of documents, are borne by the “BUYER”.

13. This agreement is drawn up and signed in two original copies having equal legal force, one of which remains with the “SELLER”, the second with the “BUYER” and comes into force from the moment it is signed by the parties.

14. The parties confirm that they acquire and exercise their civil rights of their own will and in their own interest, are free to determine any terms of the contract that do not contradict the Legislation, their legal capacity and legal capacity are not limited, they are not under guardianship and trusteeship, and for health reasons they can independently exercise and protect their rights and fulfill their obligations, do not suffer from diseases (including mental disorders) that prevent them from understanding the essence of the contract being signed and the circumstances of its conclusion, and are not in another state where they are unable to understand the meaning of their actions and manage them, that they have no obligations that force them to make a transaction on extremely unfavorable terms for themselves.

SIGNATURES OF THE PARTIES:

"SALESMAN"

Money in total 100,000 (one hundred thousand) rubles "SELLER" received in full.

Please note: This sample is for reference only. We recommend that you consult with a lawyer before signing the PDAP.

No. 100-PDKP-2018

Moscow on the tenth of December two thousand and eighteen

Limited Liability Company “We build on time”, hereinafter referred to as “Seller”, INN ________ OGRN _________, location: ____________, registered ___________, certificate of state registration series __________, issued ________, represented by General Director Dmitry Pavlovich Ivanov, acting on basis of the Charter, on the one hand and

citizen of the Russian Federation Vasiliev Ivan Vasilievich, hereinafter referred to as the “Buyer”, on the other hand, collectively referred to as the “Parties”, have entered into this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

The parties agreed to conclude in the future a purchase and sale agreement for a 1-room apartment (hereinafter referred to as the Main Agreement), conditional number 001, with a total design area of 30 square meters (hereinafter referred to as the Apartment), located in Section 1 on the 2nd floor of a fifteen-story residential building houses at the address: at the construction address: Moscow, st. Builders, teacher 101 (hereinafter referred to as MKD). The postal address of the MKD will be clarified by decision of the authorized government body.
The construction of the apartment building was carried out by the Seller on the basis of construction permit No. 001 dated January 1, 2017. At the time of concluding this Preliminary Agreement, construction has been completed, which is confirmed by the permission to put the apartment building into operation dated December 3, 2018.
Before the conclusion of the Main Agreement, the Seller’s ownership of the Apartment will be registered in the Unified State Register of Real Estate.
The Parties undertake to conclude the main agreement by March 1, 2019.

2. Essential terms of the main agreement

Under the Main Agreement, the Seller undertakes to transfer ownership of the Apartment to the Buyer, and the Buyer undertakes to accept it and pay the price of the Apartment.
The price of the Apartment is calculated based on the cost of 1 sq. m. m - 110,000 (one hundred and ten thousand) rubles, and amounts to 3,000,000 (three million) rubles, not subject to VAT. The price of the apartment is fixed and can only change by mutual agreement of the Parties.
The buyer pays the price of the apartment within 3 (three) days from the date of conclusion of the Main Agreement. Payment of the price of the Apartment is made by transferring funds to the Seller’s bank account specified in the Main Agreement.
The transfer of ownership of the Apartment to the Buyer is subject to state registration in the Unified State Register of Real Estate. To do this, within 10 (ten) working days after the conclusion of the Main Agreement, the Buyer and the Seller undertake to submit an application for registration and the necessary documents to the territorial office of the Federal Service for State Registration, Cadastre and Cartography.
The Apartment will be transferred to the Buyer under a transfer deed within 10 (ten) working days after state registration of the Buyer’s ownership of the Apartment.
The Seller guarantees that the Apartment will be transferred to the Buyer free of any encumbrances, seizures, etc.
To make claims in connection with the inadequate quality of the Apartment (with the exception of technological and engineering equipment), the Seller establishes a Warranty Period of 5 (five) years from the date of transfer of the Apartment to the Buyer under the acceptance certificate in accordance with this Agreement. The warranty period for technological and engineering equipment is 3 (three) years from the date of signing the Transfer and Acceptance Certificate.
Other terms of the Main Agreement are determined by the Parties in the draft Main Agreement, which is an Appendix to this Agreement.

3. Responsibility of the parties

If one of the Parties avoids concluding the Main Agreement, the second Party has the right to apply to the court with a demand to compel the conclusion of the Main Agreement.
A Party that unreasonably evades concluding the Main Agreement must compensate the other Party for the losses caused by this.

4. Final provisions

The Seller guarantees that he has not entered into and undertakes not to enter into agreements with other persons regarding the Apartment before the conclusion of the Main Agreement.
This Agreement comes into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their obligations.
All disputes and disagreements that may arise between the Parties under this Agreement will be resolved through negotiations. If agreement is not reached, they will be resolved in court in the manner established by the current legislation of the Russian Federation.
This Agreement may be terminated by agreement of the Parties, as well as on other grounds provided for by the current legislation of the Russian Federation.

5. Appendix: Draft Main Agreement.

6. Details and signatures of the Parties

This article provides general information about the content of the legislation and may not take into account the specifics of each case. Consult a lawyer and find out how to act correctly in your situation.

When concluding a transaction for the sale of an apartment or house, each party wants to receive guarantees; the only way to provide them is to conclude a preliminary agreement for the purchase and sale of an apartment with a deposit and specify in detail the terms of the upcoming transaction. At the end of the article you can download a free sample (form) of this 2020 document.

The procedure for buying and selling real estate takes place in several stages:

Signing the initial contract;
Preparation of the main document;
Payment for purchased real estate;
Signing the transfer and acceptance certificate;
Registration of property rights.

If you purchase housing with a mortgage, you will need to obtain a certificate indicating the market value of the apartment (room) and sign a mortgage agreement at a credit institution.

List of required documents

It is enough for the buyer to provide a passport of a citizen of the Russian Federation and the consent of the husband (wife) to make the purchase. To purchase real estate with a mortgage, you need the following documents:

Certificate 2-NDFL or other document confirming income;
A certificate with a designated market value;
Additional identification paper.

Some financial organizations require additional documentation, so it is better to check the exact list with the bank where you take out the loan.

The property owner provides:

A document confirming the ownership of housing;
Passport of a citizen of the Russian Federation;
Title documentation;
Extract from the Unified State Register and house register.

Additionally you may need:

Consent of the husband (wife) to complete the transaction;
Consent of the guardianship authorities, if the seller has minor children;
Power of attorney if a third party is involved in the transaction.

Why do you need a preliminary purchase and sale agreement?

The PDCP is a document that is drawn up in writing and reflects the obligations and rights of both parties:

The buyer undertakes to purchase the property that is the subject of the agreement;
The seller must transfer the object of the transaction to the buyer and collect the agreed amount of money.

The home buyer has the right to make an advance payment; this will become a serious argument if controversial issues arise.

The paper is drawn up with the consent of both parties and provides guarantees for the successful completion of the transaction. Therefore, you should not neglect the preparation of the preliminary document. In the future, you will avoid problems when concluding the main contract and will be able to resolve a conflict situation without litigation.

A preliminary agreement is a good helper in a situation where one of the parties is not ready to make a deal here and now, but postpones the final decision to a specific date.

With deposit

Executing a preliminary document with a deposit differs from the usual only in that if the transaction is terminated by the purchaser, the advance payment remains entirely with the owner of the apartment. If the owner of the home decides to cancel the contract, he must return the advance payment in double amount.

The amount of the advance payment made by the buyer is specified in the mandatory conditions.

For mortgage

A pre-sale agreement is often used when applying for a mortgage loan. A sample document and an example of registration can be obtained from the bank branch where you plan to apply for a loan. It states:

Obligations and rights of the parties;
Description of the property and its price;
The timing of signing the main document and other nuances, without which the pre-contract loses its legal force.

Shares in housing

Concluding an initial purchase and sale agreement when purchasing a share in an apartment is practically no different from the usual option. The only difference is the price and size of the purchased share.

In a new building

When deciding to purchase a home in a building under construction, it is necessary to enter into a preliminary agreement. Since it is a guarantee that the reserved premises will not be sold to third parties without your knowledge.

By signing the document, the buyer has the right to stipulate the terms of delivery of housing, the final cost and other important points.

In almost 100% of cases, developers require an advance payment; having a preliminary agreement in hand will allow you to avoid scammers and guarantee that your money will not be thrown away.

Video about risks and possible fraud:

The document includes information about the object of the transaction, data of the seller and buyer, and the price of the property.

It also reflects calculation options and other nuances:

The date the amount of money was paid as payment;
If the sale is carried out by power of attorney, its details are prescribed;
Date and place of compilation;
Signatures of both parties.

If the buyer leaves a deposit, its amount is indicated.

Basic conditions and mandatory clauses

There are three important conditions for which the primary document is signed:

The real estate that is the subject of the contract is described in every detail;
Complete information about both parties involved in the transaction is indicated;
Data on the final price of the purchased apartment.

If they are absent, then the meaning of drawing up the PDCP is lost.

It must also contain the following mandatory items:

Payment option between the parties;
The amount of the advance payment made by the buyer;
Details of the power of attorney, if any;
Deadlines for execution of the main contract.

The absence of one or more important points will result in the document losing its legal force.

Validity period of the policy

Most often, the validity period is agreed upon between the parties when signing the contract. If this moment was missed, then according to clause 6 of Article 429 of the Civil Code of the Russian Federation, the document is valid for twelve months. After this period, it loses legal force.

Basic mistakes

The main mistake that buyers make is signing a preliminary agreement of intent to purchase and sell real estate in a building under construction. The document is issued for a fictitious premises, and this is illegal. Sometimes the judge sides with the acquirer and recognizes the document as valid, but there is no point in taking unnecessary risks.

The second mistake is not voicing important details of the contract. This omission may provoke conflicts between the parties when drawing up the main document. To avoid this, take care to correctly draw up the primary contract.

Termination by buyer

The buyer of real estate has the right to terminate the deal if he finds an option with a lower cost. If the buyer decides to terminate the contract, then the deposit (if any) remains with the owner of the apartment in full. This makes it possible to compensate for the expected damage from the housing being booked.

If the buyer did not make an advance payment when filling out the pre-contract, then none of the parties to the transaction is subject to penalties.

Conclusion

A sample preliminary agreement for the purchase and sale of an apartment with a deposit includes a list of important conditions and obligations of the parties. In the future, these data are also recorded in the main document.

The primary contract in 2020 is one of the most important papers that are drawn up and signed before purchasing real estate.

In some cases, when purchasing real estate, a preliminary agreement is drawn up, which postpones the purchase and sale transaction in time. There are several important points that you should pay attention to when designing it: you will learn about this right now.

You can download a sample form at the end of the article.

When purchasing a certain property (apartment, land, car, etc.), the parties can, but are not required to, enter into a so-called preliminary purchase and sale agreement. The legality of such an action, as well as the fact of the existence of such a document, is reflected in Civil Code (Article 429).

The main purpose is that both parties accept certain obligations before the transaction occurs:

the seller undertakes to sell the property to this particular buyer;
The buyer undertakes to buy the object from this seller.

The parties confirm their intention to conclude the main contract in the preliminary contract, when the purchase and sale transaction takes place. In this case, the parties mean that the main agreement will be signed on the same terms.

The purpose of a preliminary agreement is to allow each party to the transaction to confirm its intentions and at the same time make a written commitment from the other party about its intentions. Most often, an agreement is recorded on the further acquisition of an apartment. Typically such a document is required in the following cases:

The seller and buyer agreed on the transaction, but the seller is missing some documents for the apartment or they are not completed correctly.
The buyer does not have sufficient funds for a one-time purchase, but he immediately transfers part of the amount and undertakes to pay the rest in full within a certain period.
When buying an apartment with a mortgage, concluding a preliminary agreement is a common practice, since the procedure is complicated by the need to obtain permission from the bank, which will take the housing as collateral for the provision of loan funds.

The agreement differs from the main one in that it does not need to be registered either with Rosreestr or certified by a notary. In this sense, the document carries certain risks if the parties do not provide documents proving that the apartment is not encumbered (pledge, arrest, claims of third parties, etc.).

A pre-signed agreement carries certain guarantees, as well as risks of the parties - all of which are discussed in detail in the next section.

Preliminary agreement: guarantees

The preliminary agreement contains 2 important guarantees that protect the interests of both parties:

This document guarantees the buyer that the apartment will be sold to him and exactly at the price that was indicated.
The contract gives the seller a guarantee that this particular buyer will purchase the apartment from him no later than the specified period.

If someone avoids their obligations, either party can go to court to ensure that the main contract is enforced and the deal goes through. The application can be submitted within 6 calendar months from the day on which the preliminary agreement requires the conclusion of the main one (meaning the deadline).

A specialist’s commentary on the features of the preliminary agreement is presented in the video.

Preliminary agreement: risks

The main risks involve the fact that the parties may evade their obligations. Moreover, if they have not expressed claims within six months, then the preliminary purchase and sale agreement ceases to be valid automatically.

This document itself does not carry risks in the sense that ownership does not pass from the seller to the buyer on the basis of its signing. If one party requests to force the other party to complete a transaction, the defendant may file a counterclaim to invalidate the contract.

NOTE. If a preliminary agreement was concluded when purchasing a new building (with a development company), then in the event of failure to fulfill obligations, the plaintiff can go to court with a demand to force the defendant to sign an agreement for participation in shared construction.

Otherwise, the preliminary agreement is associated with risks that generally accompany transactions in the real estate market:

1. In some cases, a preliminary agreement may be recognized by the court as not concluded.

This is possible in 2 cases:

the contract was executed with obvious violations (not all details of the apartment are indicated, there are factual errors);
the apartment does not exist or is still under construction.

2. Risk , due to the fact that the apartment can be sold more than once. This situation arises when a developer carries out a fraudulent scheme: for example, he can enter into several identical contracts for the sale of the same apartment.

3. Risk , associated with the loss of funds spent on the purchase of an apartment. This also applies to cases of purchasing an apartment directly in a building under construction. It is important to understand that the invested funds (under a trust management agreement) are not always returned upon termination of construction - the company is often declared bankrupt, and the injured party can only hope for partial compensation for its loss.

Thus, after signing the preliminary agreement, the parties are obliged to sign the main agreement on exactly the same terms (changes are possible only by mutual agreement).

In the case of private citizens (when purchasing housing on the secondary market), the main risks are associated precisely with the fact that the parties will not fulfill their obligations. If you purchase an apartment in a new building, the danger increases sharply - it all depends on the honesty of the developer.

Preliminary agreement: sample 2017

The requirements for drawing up a preliminary purchase and sale agreement have not changed this year. The standard form is easy to download and print.

When filling out, it is important to take into account that the document reflects all the essential conditions - it is better to check that all the data coincides with that specified in the relevant documents (passport of the apartment owner, certificate of ownership). Particular attention is paid to the following points:

Contract price, i.e. at what exact price the seller undertakes to sell the apartment within the agreed period.
The preliminary agreement must indicate all persons who currently live with the seller. Their full name and passport details are indicated.
If the owner lives in another place, it is better to indicate both addresses: the actual one and the one written in the passport.
The contract must separately describe the fact that the seller guarantees: the apartment is not mortgaged, under arrest, and no other persons are claiming it.
The validity period of the preliminary agreement is an integral condition of its validity: upon expiration of this date, the agreement terminates.
The contract must specify the procedure for paying the cost of housing: for example, first the buyer pays 10% of the total amount, and then the remaining 90%. The fact of payment is additionally confirmed by a deposit agreement (as required by Article 380 of the Civil Code). This same document is called a receipt - it is drawn up in any form and is also signed by both parties.
Responsibility for failure to fulfill obligations is also described: this means pre-trial settlement. For example, the party that avoided the transaction pays the other party a deposit in double the amount.

Without specifying any of these essential conditions, it is almost impossible to recognize the preliminary agreement as legally valid, which is why it will not be possible to use it as one of the evidence in court proceedings.

A sample agreement is given below.

It should also be noted that the preparation of such an agreement does not provide for the transfer of housing into the ownership of the buyer. Accordingly, there is no need:

draw up a transfer deed;
provide statements from your personal account that prove the absence of debt on utility bills;
order an extract from the Unified State Register of Real Estate to prove that the apartment is not encumbered;
attach the technical passport of the apartment to the preliminary agreement.

After the parties enter into a purchase and sale transaction and sign the main agreement, the preliminary agreement is considered no longer in force. No special documents are drawn up regarding this fact - the parties can simply destroy this document.