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Development of an apartment purchase and sale agreement
Today, the purchase and sale of property rights to real estate objects, in particular, to an apartment, is a fairly widespread practice. Such a contract can also be regarded as an equity participation contract, an investment contract, etc. In this article, our experts, lawyers Prykhodko and Partners will tell you what advantages and disadvantages there are in concluding a contract related to the purchase or sale of property rights to a real estate object.
What is property-based law: features of terminology
Among the objects of civil law, the following are distinguished:
- Property rights.
- Securities and money.
- Other elements of tangible property.
- Services and information.
- Achievement of intellectual work.
- Material and non-material goods.
- Property rights (Article 177 of the Civil Code of Ukraine).
A specific element of property is considered to be individual things and their totality. This category also includes property rights and obligations. In addition, property rights are defined as “waiting rights”. It is an integral part of property as an object of civil rights.
Property rights are considered as limited property rights. What does it mean? The point is that this legal framework related to things is quite limited. That is, the owner of property rights has only certain, but not all, legal grounds of the owner of the real estate object. In the future, he can get all legal rights to an apartment or other real estate.
Peculiarities of legal support for the agreement to purchase property rights to an apartment
Lawyers Prykhodko and Partners offer a full range of services related to the purchase and sale of property rights.
- Verification of the seller or developer
Before contacting a person who sells property rights to a real estate object, we will check it in state registers for the following reasons:
- Basic information about the seller or developer
In particular, we pay attention to authorized persons, date of registration, authorized capital, location, etc.
- Availability of debts/executive proceedings
- View all available information about the real estate object.
- Analysis of the agreement related to the purchase and sale of real estate
During the independent analysis of the agreement of purchase and sale of property rights to an apartment, serious risks may be found. It needs to be examined by an experienced specialist. In the process of analyzing the contract, we pay attention to the following:
- The form in which the contract is concluded
The Civil Code of Ukraine does not provide for any special requirements related to the form of the agreement for the purchase and sale of property rights. This means that the use of a simple written form is sufficient. Developers actively offer this form of concluding an agreement for the purchase and sale of property rights to an apartment.
- Terms
The terms in this case are really very important. Liability for violation of the terms of transfer of property rights to a real estate object must be specified in every contract.
In addition, the contract must clearly state: payment terms, commissioning of the real estate object, acceptance and transfer of the apartment, etc.
- Responsibility
Responsibility for its violation must be clearly stated in the specified agreement. The context of sanctions should be as undesirable and realistic as possible.
- Checking the availability of all permit documentation
Thus, legal support of an agreement related to the purchase and sale of property rights to an apartment will avoid various problems.
Therefore, property rights to a real estate object include all possible ownership rights to an apartment. In the future, having presented these rights, the buyer receives ownership of the real estate object.
Do you still have questions? We are waiting for a preliminary consultation! To calculate the cost of a lawyer’s services for concluding a contract of purchase and sale of property rights for an apartment, fill out the form below.
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1 question
Are you planning to buy real estate?
2 question
Are you interested in buying and selling property rights to an apartment?
3 question
Do you need legal support in matters of real estate acquisition?
TOP lawyers dealing with such cases in Ukraine
How to order the service? How do we work?
What is the price for a lawyer's consultation and assistance?
Price for services in the "Real estate and construction" category:
The name of the service | Price, UAH | Terms |
---|---|---|
Production of a technical passport for a house / apartment | from 2000 UAH | 1-3 days |
Legitimize replanning | from 15 0000 UAH | 3 weeks |
Legalize squatter | from 30 0000 UAH | 3 weeks |
Legalization of the extension | from 20 000 UAH | 1 month |
Commissioning of the garden house | from 10 000 UAH | 2 weeks |
Commissioning of gas stations | from 80 000 UAH | individually |
Special permit for subsoil use | from 90 000 UAH | individually |
Privatization of a cooperative apartment in Kyiv | from 38 000 UAH | individually |
Land privatization | from 50 000 UAH | 9-12 months |
Change of purpose of the land plot | from 40 000 UAH | 3 months |
Changing the purpose of the premises or building | from 35 000 UAH | 1 month |
from 5,000 to 90,000 UAH The price is valid for July 2024
In which regions of Ukraine do you work?
The department of real estate and land law, as a rule, works in Kyiv and the Kyiv region.
- We provide our services in all regions of the Kyiv region, for example:
- Bilotserkiv district (towns of Skvira, Tarasha, Bila Tserkva, Uzyn, Tetiiv).
- Boryspil district (the cities of Boryspil, Pereyaslav, Yagotyn).
- Brovary district (the cities of Brovary, Berezan).
- Buchansky district (towns of Bucha, Irpin, Vyshneve).
- Vyshhorod district (the cities of Vyshhorod, Slavutych).
- Obukhiv district (towns of Obukhiv, Boguslav,
- Vasylkiv, Kagarlyk, Myronivka, Rzhyshchiv, Ukrainka).
- Fastiv district (the cities of Fastiv, Boyarka).
It is worth noting that on some issues (services) we work throughout Ukraine, contact and clarify information by phone!
Do you provide consultations online or over the phone?
Yes! If you do not have the opportunity to come to the office in Kyiv, then you can pay and receive a consultation by phone or in one of the applications for conducting calls/conferences.
Do you provide free consultations?
Our consultations are paid. Our lawyers and advocates have a lot of experience, and we, as a business, value their time very much. That is why consultations on real estate or land are carried out only on a paid basis.
Of course, if you have 1-2 questions or just need an estimate of the cost of a more complex service, our specialist will listen to you and provide recommendations, but if you need a full-fledged legal opinion or consultation on your specific issue, this is a paid service.
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