How to conclude a contract of sale of a garage: legal subtleties

Acts of legislative acts of any state spell out the principles of the settlement of various legal relations among both individuals and legal entities. Not the exception is the legislation of Russia, in which you can find a lot of model contracts, the most common among the population. One of these is the contract of sale of the garage. It would seem that it could be easier than to draw up a similar document? But it is very difficult for a simple layman whose work is not related to jurisprudence to track all the nuances that should be spelled out in this agreement. It is about them that we will discuss later. It will also be considered how to draw up a contract for the sale of a garage with and without a land plot.

Highlights

For the correct preparation of the document, you can use the standard template, which has already included all the main points, and it remains only to note the specific characteristics of the garage sold and information about the seller and the buyer. You can also seek legal advice for help, but this will take not only time, but also money, so if saving finances is a priority, it’s better to draw up a contract yourself according to the model.

The main information that the garage purchase and sale agreement must contain is the complete and most accurate description of the property being disposed of (sold) and its price in the currency agreed upon with the buyer. If a compromise was not reached in determining the value, then signing the document is simply impossible.

Contract structure

The contract of sale of the garage (or, as it can be called, the agreement) must contain the following points:

1. First of all, it is necessary to indicate the full data of both parties to the agreement, namely: last name, first name, middle name, date of birth, as well as passport data (series, number, by whom issued, where registered). Addresses should also be provided. Moreover, all information must be recorded without abbreviations.
2. If instead of the buyer or seller, his notarized proxy is acting, then the garage purchase and sale agreement is drawn up by proxy. At the same time, in addition to the data of the buyer or seller, the surname, name, patronymic of the authorized person, as well as his other passport details, number and date of issue of the power of attorney and data on the place of its compilation are attributed.
3. Next is the turn of the description of the subject of the contract, which communicates all the technical characteristics of the property being sold and the address at which it is located. To fill out this section, you can use the technical passport of the garage, which indicates its area, the location of doors, gates, windows (if any) and so on. A copy of the schematic plan can be attached to the contract as an appendix.
4. Next should go to the item “Price” or “Cost”. Everything is clear here - you need to specify the amount of money that the buyer agrees to transfer to the seller after signing the contract. It is not necessary that the amount be in rubles, here the parties can agree on the currency of the transaction.
5. The term of the contract is one of the important and obligatory clauses of the agreement. It prescribes the date until which the entire amount of money must be transferred to the buyer. Here you can specify either a specific date, month and year, or an event.
6. It is very important to include the clause “Special conditions” in the contract, which stipulates liability for non-fulfillment of the agreement and possible risks of each of the parties.
7. Next, add a clause stipulating the conditions under which the contract can be terminated, as well as ways to resolve possible disputes regarding the property being sold.
8. In conclusion, the contract must be sealed by the signatures of both parties or their proxies. However, there is no need to rush to sign, since the registration of the contract of sale of the garage and the signing of the agreement must take place directly in the Registration Chamber, only then the document will have legal force.

Important Nuances

In addition to the fact that the contract must be correctly drawn up and signed by both parties in the presence of the registrar of the relevant organization, it is very important to make three copies of this agreement and put the signature personally on each of them. One of the copies will remain with the seller, the other with the buyer, and the third will need to be given when registering the transfer of ownership to the MFC or the Registration Chamber.

Actions after signing the contract

After the agreement has been registered with the registration authority and the money for the object has been transferred to the seller, the buyer must deal with re-issuing all the documents for the garage in his own name, in order to become a full owner. It should be understood that registration of the ownership of real estate is more important than the contract of sale of the garage (by proxy, it was concluded or by the owner personally, it does not matter). In order not to fall into the scammers’s bait, it is imperative that you check with the notary office that filled out the paper immediately before signing to see if the registration has been revoked.

Registration of transfer of ownership

In order to reissue documents in the name of the new owner, you will need to collect a certain package of documents from both the seller and the buyer. The only exception is the case when a contract for the sale of a garage without documents was drawn up.

Documents from the seller

1. Certificate establishing the right to a garage.
2. The document, according to which the seller at the time became the owner.
3. Notarized consent to the sale of common property. If the garage was purchased before the marriage was registered, then a certified statement, drawn up according to a certain model, is required that the owner was not married at the time of taking ownership and his spouse has no relation to this property.
4. In some cases, the registrar may require a cadastral passport.
5. A statement written either by hand or by a trustee stating that the owner agrees to the transfer of ownership. This is written in a specific pattern.
6. Receipt of payment for registration authority services.
7. The act of acceptance of the garage between the old and the new owner. This document must also be in triplicate.
8. Notarized consent written by the spouse if the buyer is married. If the legal marriage is not registered, then a statement certified by a notary about the absence of this civil status.
9. Application for registration of transfer of ownership. It is written in a specific form, which will be provided by an employee of the registration authority.

Documents from the buyer

1. Notarized consent written by the spouse if the buyer is married. If the legal marriage is not registered, then a statement certified by a notary about the absence of this civil status.
2. Application for registration of transfer of ownership. It is written in a specific form, which will be provided by an employee of the registration authority.

Features of selling a garage with and without land

It is clear that any real estate is on the ground, and when buying both a house and a garage, you should consider who exactly owns the land. If the object of sale is built on state land (for example, in a cooperative), then in the future there will be no problems. But if the owner of the site is an individual or legal entity, then in the future it may demand the release of its land. Therefore, when purchasing a garage, you need to ask who owns the land on which it stands. How to draw up a contract for the sale of a garage without a land plot is described above, but if you want to purchase a garage with land, a separate contract is drawn up for each object. The principle of drawing up a contract of sale is the same.