TOPICAL ISSUES IN THE “CONSULTANT” MOBILE APPLICATION – HOW TO PERFORM THE PROPERTY FOR PURCHASE AND SALE OF REAL ESTATE PROPERTY?
Recently, a question from the Client’s mobile application “Consultant” was given “Have they paid a deposit for the apartment (in the presence of the seller). The broker, through his lawyer, wants to arrange the sale of the apartment.
But I want it through my lawyer. At my request, the broker does not give a specific answer, saying that at the moment he can not contact the seller of real estate (he went abroad, will be soon). How can this hurt me? What is the probability of fraud? If all the documents are in order, why don’t they agree? How to make a full refund? “
According to the Civil Code of Ukraine, namely Art. 655 – According to the contract of sale one party (seller) transfers or undertakes to transfer the property (goods) to the property of the other party (buyer), and the buyer accepts or undertakes to accept the property (goods) and to pay for it a certain sum of money.
According to Article 635 of the Civil Code of Ukraine – the Preliminary is a contract, the parties of which undertake to conclude a contract in the future (the main contract) within a certain period (within a certain period) under the conditions established by the previous contract.
Thus, from the above definition follows the legal essence of the preliminary contract, which is to perform the following functions:
- encouraging the conclusion of a major contract in the future by establishing an appropriate obligation;
- fixing the terms of the main contract.
Since the provisions of Article 355 of the Civil Code of Ukraine do not see any restrictions on the type or object of the contract, which may be obliged to conclude the parties in the future on the basis of a preliminary contract, so such an agreement can be reached by the parties on any contracts: about alienation property (including real estate), providing services, performing works, letting property for rent, etc.
Thus, the preliminary agreement creates one basic obligation for the parties: to enter into a certain type of civil legal agreement within the agreed term on the pre-agreed terms.
Also, this question was answered by “consultants” of the mobile application “Consultant”, who downloaded it from the App Store or Google Play, have gone through a simple registration process and can now earn money by providing advice online.
Consultant №1 – “It’s important to certify the pre-contract – notarized. As a rule, sales contracts are templates, but you should read each clause of the contract carefully, do not rush to sign. You should not be afraid in this case; . You can come with your lawyer to feel more confident and to know that you are doing the right thing. Check the notary, it must be on the list of public or private notaries on the Ministry of Justice website. “
Consultant №2 – “First you need to see the documents yourself. The chances of fraud are high. Call me – I’ll help you.”
Consultant №3 – “The deposit is paid under the contract, the options for return are specified in the contract. The most common are, if within 10-15 days the agreement was not due to the seller’s fault, then you have the right to a double refund, but it all depends on as stated in your contract. The real estate sale agreement is not executed by a lawyer, but by a notary. If you need legal assistance, please call. “
Consultant №4 – “Fraud in this area is extremely common, so for your own safety you need to read the contract with your own lawyer, it is very important. You can repay the pledge either through an agreement with the other party or through a court or law enforcement agency.”
Consultant №5 – “According to the provisions of Chapter 49 of the CCU, the deposit is an additional obligation in relation to the main contract of sale of real estate, so the possibility of repayment of the deposit will depend on the provisions of this contract.”
According to the answers provided, the Client answered his own question promptly. The sale and / or purchase of real estate is an important issue and requires the skilled assistance of a lawyer. Thanks to the mobile application “Consultant” the Client not only received the answer to the question asked, but also can seek the help of a specialist in the subsequent support of the transaction on sale / purchase of real estate – to avoid any difficulties in the future.