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Recently, to the mobile app “Consultant” from the Client received a question about the correctness of the conclusion of the agreement of purchase and sale of real estate, pre-contract and in what cases it is possible to return the deposit.

According to the Civil Code of Ukraine, namely, Art. 655 – under a contract of sale, one party (seller) transfers or undertakes to transfer the property (goods) into the ownership of the other side (buyer), and the buyer accepts or undertakes to accept the property (goods) and pay a certain amount of money for it.

According to Article 635 of the Civil Code of Ukraine – the Previous is a contract, the parties of which undertake to conclude a contract in the future (main contract) for a certain period of time (main contract) on the terms established by the preliminary contract.

So from the above definition follows the legal nature of the preliminary contract, which consists in the following functions: 

  • compulsion to conclude the main contract in the future by establishing the corresponding debt;
  • fixing the terms of the main contract.

Since the provisions of Article 365 of the Civil Code of Ukraine do not show any restrictions on the type or subject of the contract, the parties may undertake to conclude in the future on the basis of a preliminary contract, therefore, such an agreement can be reached by the parties with respect to any contracts: on the alienation of property (including including real estate), the provision of services, the performance of work, the provision of property for rent, and the like.

Thus, the preliminary contract creates one basic obligation for the parties: toconclude, within the agreed period, a certain type of civil contract on pre-agreed terms.

The consultants of this mobile application answered this question.

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According to the responses received, the Client promptly received an answer to his own question. The sale and / or purchase of real estate is a very important issue and requires qualified assistance from a specialist. Thanks to the “Consultant” mobile application, the Client not only received an answer to the asked question, but also can seek help from a specialist in the further support of the sale / purchase of real estate in order to avoid any difficulties in the future.

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