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One-time sample purchase and sale agreement. Typical sample of filling out a purchase and sale agreement

Under a purchase and sale agreement, one party (the seller) undertakes to transfer the item (product) into ownership of the other party (the buyer), and the buyer undertakes to accept this product and pay a certain amount of money or price for it. The subject of a purchase and sale agreement, that is, goods, as a general rule, can be any property that has not been withdrawn from civil circulation. Things are the most common, traditional object of purchase and sale, which is aimed at legal regulation this institute. A product can be any thing: movable and immovable, defined by generic or individual characteristics, consumable and non-consumable, divisible and indivisible.

The subject of a purchase and sale agreement, as a general rule, are things that at the time of conclusion of the agreement belong to the seller by right of ownership. The purchase and sale of things restricted in circulation is possible if it does not violate their special legal regime, that is, their buyer can only be a person specially authorized to own this item.

The form of the purchase and sale agreement is determined by its subject matter, subject composition and price. All contracts for the purchase and sale of real estate and enterprises must be concluded in writing by drawing up one document signed by the parties and are subject to mandatory state registration. Written form is also required for foreign trade sales contracts.

In relation to the form of contracts for the sale and purchase of movable things, the following applies: general rules Article 159-161 of the Civil Code of the Russian Federation: written form is required only for contracts with the participation of legal entities, as well as between citizens, if the price of the contract is 10 times higher minimum size wages (minimum wage). However, written form is not required if such transactions are executed at the time of completion (for example, a retail purchase and sale agreement).

Sample contract for the sale and purchase of a vehicle.

Sample contract for the purchase and sale of a car between individuals.

Sample contract for the purchase and sale of a car between legal entities.

Sample contract for the sale and purchase of a residential building for demolition (between individuals).

Sample contract for the sale and purchase of part of a residential building.

Sample contract for the sale and purchase of a share in the right of common ownership of a residential building

Sample contract for the sale and purchase of a residential building with lifelong maintenance.

Sample contract for the purchase and sale of a residential building with installment payment.

Sample contract for the purchase and sale of a house.

Sample contract for the sale and purchase of part of an apartment.

Sample contract for the sale and purchase of an apartment.

Sample contract for the purchase and sale of an apartment with installment payment.

Sample agreement for the purchase and sale of an apartment using borrowed funds.

Sample contract for the purchase and sale of a room in a communal apartment.

Sample real estate purchase and sale agreement.

Sample retail purchase and sale agreement.

Sample contract for the purchase and sale of goods.

Sample international purchase and sale agreement.

Sample land purchase and sale agreement

Sample contract for the sale and purchase of a plot of land with a garden house.

Sample land mortgage agreement.

Sample contract for the sale and purchase of a land plot (with a transfer deed)

Sample purchase and sale agreement (bill of sale) of a land plot with an unfinished residential property.

Sample contract for the sale and purchase of a land share.

Sample agreement for the sale and purchase of a garage.

Sample agreement for the sale and purchase of shares.

Sample of bill of sale.

Sample contract for the purchase and sale of an enterprise.

Sample foreign trade purchase and sale agreement.

Sample contract for the sale and purchase of a building.

Sample contract for the sale and purchase of non-residential premises in the building.

Sample contract for the sale and purchase of an unfinished property.

Sample contract for the sale and purchase of property (general).

Sample contract for the purchase and sale of real estate encumbered with a collateral obligation.

Sample contract for the purchase and sale of premises.

Sample wholesale purchase and sale agreement.

Sample contract for the sale and purchase of furniture.

Sample agreement for contracting agricultural products

The transfer of real estate by the seller and its acceptance by the buyer is carried out according to a transfer deed or other transfer document signed by the parties. Unless otherwise provided by law or contract, the seller’s obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties. Failure of one of the parties to sign a document on the transfer of real estate on the terms provided for in the contract for the sale of real estate is considered a refusal, respectively, of the seller of the obligation to transfer the property, and of the buyer - of the obligation to accept it. Acceptance by the buyer of real estate that does not comply with the terms of the real estate sale agreement, incl. in the case where such a discrepancy is stipulated in the document on the transfer of real estate, it is not a basis for releasing the seller from liability for improper performance of the contract.

Our company did not take part in the development of these samples. All samples are taken from open sources and are typical.

Taking into account in the contract all transactions for the purchase or sale of real estate protects its participants from unforeseen difficulties. Properly drawn up examples of an apartment purchase and sale agreement that take into account all the details will help ensure the safety of the parties.

Forms of agreements for the paid or unpaid transfer of property from one owner to another. Photo No. 1

In Russian Civil Legislation, in order to register real estate, interested parties should draw up an agreement and certify the contents with their signatures. In this case, it is enough to compose it in a simple form, in writing. Notarization of the document is not required.

Conscientious realtors and professional lawyers know all the pitfalls of such a document. A citizen who does not have special education In the legal sphere, it is difficult to draw up an agreement for the sale and purchase of an apartment on your own or to ensure that it is drawn up correctly.

To avoid legal errors, and most importantly their consequences, you need to know the basics of drawing up a contract and understand what subtleties must be taken into account depending on the terms of the transaction.

In the documentary part of the sale and purchase, you should know what a simple contract is, options for drawing up an agreement with, executing a transaction by proxy and other nuances.

Simple contract

Before drawing up a simple agreement for the sale and purchase of an apartment, you need to know the basic conditions that make up its structure. Without specifying one information, the contract is considered invalid, while the other prevents disagreements between the parties and makes the procedure transparent dispute resolution.

An example of a simple contract - how to fill it out

According to Art. 554 of the Civil Code of Russia, for the document to be valid it is necessary to indicate:

personal data of the parties: seller and buyer;
grounds for owning an apartment: certificate state law property;
actual details of the apartment: address, area, purpose, cadastral number;
cost of the object;
state authority that will resolve a dispute under the contract if it arises.

The minimum set of requirements to protect the buyer and seller from possible disagreements is supplemented with the text of the contract indicating:

persons registered in the apartment or their absence;
restrictions on use, if any;
arrears in rent and in relation to the object of the agreement or their absence;
deficiencies of the premises and the house, if any;
the fact that the transaction is not enslaving for the parties;
the party that bears the costs of concluding the contract;
payment methods;
the need to transfer the object with recording in the transfer act.

Additionally you can write:

terms and conditions for the discharge of all residents, if there are persons registered in the apartment at the time of sale.

If no special conditions are assumed, the contract is signed by both parties and from that moment the document comes into force. The contract does not require notarization.

Agreement with encumbrances

What is a contract for the sale of real estate with an encumbrance? Photo No. 2

Options for encumbering an apartment may be different. The buyer needs to know that the apartment has not been seized and the apartment in which it is located is not considered unsafe. Whatever agreement is concluded in this case, the transaction under it cannot be carried out. However, cases of purchasing a home with such encumbrance do occur. Such circumstances are not specified in the contract, and the unfavorable deal has to be canceled through the courts.

In order not to buy a seized apartment, you should first find out credit history seller.

Encumbrances that allow the sale of real estate:

Rent

Buying and selling an apartment that is burdened with rent is the most risky transaction. An annuity gives its recipient the right to live in it until death. During this time, the buyer will have to pay monthly.

If the rent is supplemented with dependency, then the buyer’s responsibilities will include at least the care and maintenance of the tenant at his own expense.

In addition, the annuity may provide for a condition under which the purchaser will receive ownership of the property in kind only after the death of the annuity recipient.

Rent-encumbered apartments are usually cheap. But before you buy an apartment with an encumbrance, you should weigh all the pros and cons.

Benefit from savings on initial stage transactions can be completely offset by subsequent long-term payments. At the slightest deviation from fulfilling the terms of the transaction, the rentee can terminate the contract.

In a contract with this type of encumbrance, every little detail should be taken into account, even if it is this moment seems unimportant. It is better to entrust the preparation of the document to an experienced lawyer, who will help to avoid difficulties in the future. A purchase and sale agreement with an encumbrance - the rent must be certified.

Pledge

Is it possible to sell a mortgaged apartment? Photo No. 4

If the apartment is pledged, it belongs to the bank at the time of sale and is a guarantee of return Money nominal owner. Such apartments appear after the owner has taken out a mortgage or loan by mortgaging the property. Until the final payment, the apartment is considered collateral.

When purchasing an apartment with this form of encumbrance, the buyer can immediately repay the seller’s debt to the bank. In this case, the property will be freed from the collateral burden and a simple form of agreement will be sufficient. But for the buyer this method is risky.

In other cases, the bank will be a third party to the transaction. When purchasing, you can simultaneously pay the debt and the remaining cost, but stipulate the period for the beneficiaries’ access to the money. Funds are placed on deposit and, as soon as the buyer officially takes ownership, the bank and seller will have access to the cells.

The second method involves changing the mortgagor and the buyer accepting obligations to fulfill the seller’s loan payments.

To draw up an agreement regarding a collateral apartment, you will need to collect a large number of documents and obtain bank permission for the transaction. The text of the agreement must state that the apartment is pledged and who the third party is. Banks impose their own requirements on the buyer and may not allow the sale.

Compared to the market value, the cost of such apartments is much lower. To make a transaction possible, good legal preparation or specialist advice is required.

Rent

A rental apartment may be sold with conditions under which tenants may or may not vacate the property after a change of ownership.

If a long-term residence agreement has been concluded with the tenants, registered in government agencies, then the sale of the apartment will not affect their living conditions. By law, until the end of the contract, they can live in the specified living space. This will not hurt if the buyer purchases real estate for the purpose of renting it out. Otherwise, the tenants will either have to be terminated, wait until the end of the lease, or find a new buyer.

A buyer who agrees with the presence of tenants must:

know about their existence;
fulfill all the terms of the lease agreement instead of the seller.

This is recorded in the text of the agreement and signed by the parties.

If the agreements are oral, and the buyer does not want to continue the contractual relationship with the seller’s landlords, it is necessary to stipulate this in the contract and set a deadline for vacating the living space.

Minor or incapacitated owner

Features of the sale of real estate, the owner of which is a minor or incompetent. Photo No. 4

Incapacitated citizens cannot make legal transactions on their own. Before the child reaches his 14th birthday, he is considered legally incompetent, so these two categories of citizens are combined into one group to clarify the burden.

A representative of an incapacitated citizen can sell on his behalf, but a number of conditions arise.

The first and most important thing is that as a result of the transaction, the rights of the incapacitated person are not infringed. If he is the owner of the entire premises or its share, it is necessary to provide alternative housing in full or shared ownership. Housing conditions should not deteriorate as a result of a change of ownership.

If a minor is not the owner, but is registered in an apartment for sale, it is necessary to register him in another premises of at least the same quality.

Without the permission of the guardianship authorities, the purchase and sale of property is impossible.

Possible nuances

What nuances may arise when completing a transaction to transfer ownership of real estate? Photo No. 5

It is necessary to carefully check the property before deciding to purchase it. Firstly, an apartment may have not one, but several owners. Secondly, even if there are seeming absence of encumbrances, they may appear after a change of owner.

If the property is in shared ownership, it is necessary to make sure that the shares not participating in the transaction are aware of it and have no objections. They have the right of first refusal.

This means that one owner must initially offer his share to the other legal owners. He can sell a share to outsiders only if he receives a notarized refusal or lack of response from the remaining share owners within a month from the date of their notification.

These conditions are specified in the contract.

An apartment acquired during marriage cannot be sold by one of the spouses without the notarized written consent of the other.

persons who refused privatization in favor of one of the family members;
persons living in an apartment on the basis of a testamentary refusal.

It is important to make sure that such citizens are not registered in the apartment not only at the time of the transaction. Persons on military service, in places of imprisonment or those who left the country for a long time can restore theirs upon return. No one can interfere with this if they have a reason to use the property for life.

To prevent such consequences, the buyer must request an extended extract from the house register, which contains full information about the apartment.

If the contract does not indicate the presence of such persons, this is a reason to terminate the transaction.

When buying an apartment, you should not succumb to the persuasion of buyers and underestimate the price of the property in the contract. Otherwise, if you want to get tax deduction the buyer will lose part of the amount.

If the sale is carried out together with property: furniture, dishes, appliances, a list of items should be indicated. This will greatly simplify the actual move of the new owner into the apartment.

When is it necessary to contact a notary?

In what cases is a transaction agreement on the transfer of rights to real estate subject to mandatory registration with a notary? Photo No. 6

Mere written form is not applicable to some apartment purchase and sale agreements. Notarization is required for individual transactions.

Notarized agreements, according to Article 54 of the Civil Code of the Russian Federation, are necessary for transactions made by guardians on behalf of wards: minors, incompetents.

You will also need to contact a notary in the process of collecting documents to complete a transaction and admit it to registration if:

a real estate pledge agreement or mortgage is required;
a rental agreement is required;
it is necessary to transfer the debt from the seller to the buyer;
the spouse's consent to the transaction is required;
the consent of the share owners or their refusal is required.

When drawing up a contract in a simple form, the buyer can play it safe and have the document notarized.

In the process of work, the notary is obliged to thoroughly explain the rights and obligations of the parties and make sure that the parties correctly understand the laws used to draw up the agreement.

Expert lawyer's opinion:

As legislation changes, the procedures for preparing and registering sales contracts also change. Since January 2017, all transactions made with minors and the right arising from the sale of a share are formalized only by a notary. State registration in this case is of a confirmatory nature.

The sale of apartments by young children is possible if they purchase real estate under maternity capital or by inheritance.

Other circumstances change over time. The package of documents is slightly adjusted. Thus, the obligation to provide a technical passport has been canceled. All objects must be registered in the cadastral register. If the cadastral number of the object is missing, to register the object you will have to call a cadastral engineer and order the preparation of a technical plan. Cadastral number object must be reflected in the concluded contract.

To check the cleanliness of the apartment before concluding a transaction, you must order an extract about the property from the registration center. This extract will provide information about the owner of the property, its specifications in accordance with technical documentation. Area, number of floors, purpose of the object. The cadastral value is also visible in the extract, which will later be useful for calculating tax.

To draw up a contract, it is better to contact a specialist. It is mandatory to prepare a transfer deed in the contract or as an appendix to the contract. The act indicates the condition of the transferred object, information about meter readings on the date of transfer, and tax payments. The agreement is drawn up in at least two identical copies. Ideally, a copy should be provided to all sellers, all buyers and the registration authority.

Buying and selling by proxy

The nuances of buying or selling real estate by proxy. Photo No. 7

When faced with a buyer or seller who is acting on behalf of the owner under a power of attorney, it is necessary to consider possible risks. The main methods of real estate fraud involve the sale of objects without the direct participation of the owner.

The authorized person cannot guarantee that the owner is legally capable, will not revoke the power of attorney after receiving the money, and that the actual owner of the apartment is alive. may be fake, the owner of the living space may not know about the upcoming sale.

All of the above conditions allow the transaction to be declared invalid, but the fraudster will disappear by that time.

Therefore, it is advisable to meet the owner in person, check his passport, compare data and photos.

The form of the apartment purchase and sale agreement does not change when the owner is represented by a proxy. The main thing is to indicate in the contract the personal data of the authorized person and the credentials of the power of attorney.

Thus, a correct example of an apartment purchase and sale agreement will contain, in addition to basic information:

the basis on which the owner acquired the right to become;
extended form of extract from the house register;
consent of all interested parties;
restrictions on use, if any.

Errors in the contract can result in long-term litigation. Therefore, before drawing up a contract for the sale and purchase of an apartment, it is better to consult with experienced realtors or specialized lawyers or entrust them with all the work of completing the transaction.

You can learn how to draw up a preliminary contract for the purchase and sale of a real estate apartment with an encumbrance by watching the video:

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22 Feb 2017 111 in a person acting on the basis, hereinafter referred to as " Salesman", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. THE SUBJECT OF THE AGREEMENT

1.1. In accordance with this Agreement, the Seller undertakes to transfer ownership of the goods to the Buyer in the assortment and quantity established by the Agreement, and the Buyer undertakes to accept these goods and pay for them the amount of money (price) determined by the Agreement.

1.2. Assortment, quantity, unit price and total amount transactions are defined in List No. 1 (specifications), which is an integral part of this Agreement.

2. PRICE AND QUALITY OF PRODUCT

2.1. The price of a unit of goods includes the cost of the goods, packaging, costs of delivery to the storage location and storage in the Seller’s warehouse, preparation of the necessary documentation, as well as costs of insurance and transportation of the goods to the destination.

2.2. Increase by the Seller of the price of goods in unilaterally during the term of the Agreement is not permitted.

2.3. The quality of the goods must correspond to the samples and descriptions attached to this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The seller is obliged:

3.1.1. Provide the Buyer with goods of appropriate quality and in the assortment stipulated by this Agreement.

3.1.2. No later than "" 2019, ensure shipment and delivery of the goods to the address of the Buyer or other consignee specified by the Buyer in.

3.1.3. Provide product insurance.

3.1.4. On the day of shipment, inform the Buyer by telephone (by telegram, fax), and in case of instructions for delivery to another consignee - also to this consignee - about the shipment of the goods to the Buyer (or another consignee specified by the Buyer).

3.2. The buyer is obliged:

3.2.1. Ensure the unloading and acceptance of the sold goods within days from the moment they arrive at the destination, except in cases where he has the right to demand replacement of the goods or refuse to perform of this agreement.

3.2.2. Carry out a check upon acceptance of goods in terms of quantity, quality and assortment, draw up and sign the relevant documents (act of acceptance, invoice, etc.).

3.2.3. Notify the Seller about defects of the sold goods noticed during acceptance or during operation on time.

3.2.4. No later than 2019, at your own expense, ship returnable packaging to the Seller.

3.2.5. Pay for the purchased goods within the period established by the Agreement.

3.3. In case of failure to comply with the rules provided for in clauses 3.2.2., 3.2.3, the Seller has the right to refuse, in whole or in part, to satisfy the Buyer’s demands to transfer to him the missing quantity of goods, to replace goods that do not comply with the terms of this agreement, if he proves that failure to do so rules by the Buyer has resulted in the impossibility of satisfying his demands or entails disproportionate expenses for the Seller compared to those that he would have incurred if he had been promptly notified of the violation of the contract. If the Seller knew or should have known that the goods transferred to the Buyer do not comply with the terms of this agreement, he does not have the right to refer to the provisions provided for in these clauses 3.2.2., 3.2.3.

3.4. In cases where the Buyer, in violation of the law, other legal acts or this agreement, does not accept the goods or refuses to accept them, the Seller has the right to demand that the Buyer accept the goods or refuse to fulfill the contract.

3.5. In cases where the Seller does not provide insurance in accordance with the Contract, the Buyer has the right to insure the goods and demand reimbursement of insurance costs from the Seller or refuse to fulfill the contract.

3.6. If the Seller refuses to transfer the sold goods to the Buyer, the Buyer has the right to refuse to fulfill this agreement.

3.7. If the Seller does not transfer or refuses to transfer to the Buyer the accessories or documents related to the goods that he must transfer in accordance with the law, other legal acts or this Agreement, the Buyer has the right to assign him a reasonable period for their transfer. If the accessories or documents related to the goods are not transferred by the Seller within the specified period, the Buyer has the right to refuse the goods and demand the return of the amounts transferred to the Seller in payment for the goods.

3.8. If the Seller, in violation of this agreement, has transferred to the Buyer a smaller quantity of goods than is specified in this Agreement, the Buyer has the right to either demand the transfer of the missing quantity of goods, or refuse the transferred goods and payment for them, and if the goods have been paid for, demand the return of the paid amounts.

3.9. If the Seller has transferred goods to the Buyer in quantities exceeding those specified in this Agreement, the Buyer is obliged to notify the Seller about this within the specified time. If the Seller does not dispose of the relevant part of the goods within a given period after the Buyer’s notification, the Buyer has the right to accept the entire product. If the Buyer accepts goods in quantities exceeding those specified in this Agreement, the additionally accepted goods are paid at the price determined for the goods accepted in accordance with the contract, unless a different price is determined by agreement of the parties.

3.10. When the Seller transfers goods provided for in this Agreement in an assortment that does not comply with the Agreement, the Buyer has the right to refuse to accept and pay for them, and if they have been paid for, to demand a refund of the amounts paid.

3.11. If the Seller transferred to the Buyer, along with goods whose assortment complies with the Agreement, goods in violation of the terms of assortment. The Buyer has the right to choose:

accept the product that meets the assortment condition and refuse the rest of the product;
refuse all transferred goods;
demand that the goods that do not meet the assortment conditions be replaced with goods in the assortment provided for in this agreement;
accept all transferred goods.

3.12. If a product is rejected, the range of which does not comply with the terms of the Agreement, or a demand is made to replace a product that does not comply with the assortment condition, the Buyer also has the right to refuse to pay for this product, and if it has been paid for, to demand a refund of the amounts paid.

3.13. A product that does not comply with the terms of this Assortment Agreement is considered accepted if the Buyer does not notify the Seller of its refusal of the product within a reasonable time after its receipt.

3.14. If the Buyer has not refused the goods, the range of which does not correspond to this agreement, he is obliged to pay for it at the price agreed with the Seller. In the event that the Seller does not accept necessary measures upon agreement on the price within a reasonable time, the Buyer pays for the goods at the price that, at the time of conclusion of the Agreement, under comparable circumstances, was usually charged for a similar product.

3.1 5. In the event that the goods are transferred without packaging or in improper containers, the Buyer has the right to demand that the Seller repack the goods or replace the improper containers.

3.16. The Buyer, to whom the goods of inadequate quality have been transferred, has the right, at his own discretion, to demand from the Seller:

proportionate reduction in the purchase price;
free elimination of product defects within a reasonable time;
reimbursement of their expenses to eliminate defects in the goods.

3.17. In the event of a significant violation of the requirements for the quality of the goods (detection of irreparable defects, defects that cannot be eliminated without disproportionate costs or time, or are identified repeatedly or appear again after their elimination, and other similar defects), the Buyer has the right, at his choice:

refuse to fulfill this agreement and demand a refund of the amount of money paid for the goods;
demand replacement of goods of inadequate quality with goods that comply with the Agreement.

3.18. The buyer has the right to make claims related to defects in the goods if defects are discovered during the warranty period.

3.19. If a third party, on grounds that arose before the execution of the Agreement, brings a claim against the Buyer for seizure of the goods, the Buyer will be obliged to involve the Seller in participation in the case, and the Seller is obliged to enter into this case on the Buyer’s side. Failure by the Buyer to involve the Seller in the matter releases the Seller from liability to the Buyer if the Seller proves that by taking part in the matter, he could have prevented the seizure of the sold goods from the buyer. The Seller, who was attracted by the Buyer to participate in the case, but did not take part in it, is deprived of the right to prove that the Buyer was conducting the business incorrectly.

4. PRODUCT WARRANTY PERIOD

4.1. Product warranty period.

4.2. The warranty period begins to run from the moment the goods are handed over to the Buyer.

4.3. If the Buyer is deprived of the opportunity to use the product due to circumstances depending on the Seller, the warranty period does not expire until the relevant circumstances are eliminated by the Seller. The warranty period is extended by the time during which the product could not be used due to defects discovered in it, provided that the Seller is notified of the defects in the product on time.

5. PAYMENT PROCEDURE

5.1. Money for the sold goods is transferred to the Seller’s bank account before “” 2019 (within days after: signing the Agreement; signing the goods acceptance certificate; delivery of the goods to the Buyer’s warehouse; receipt of the railway invoice (notification from the container station, messages about arrival of cargo at the destination airport, messages about the arrival of a ship at the port of destination); receiving a message about the departure of a wagon (train) with goods; sales of purchased goods).

6. SHIPMENT PROCEDURE

6.1. The goods are shipped to the address of the Buyer (consignee) specified by the Buyer by rail (road, air) transport. Shipment details of the consignee: .

6.2. Within days after shipment of the goods, the Seller notifies the Buyer about this by fax or telegram, and also provides him with the following data: details of the Carrier delivering the goods to the destination; name and number of units of goods, gross and net weight; the estimated date of arrival of goods at destination.

6.3. The packaging of the goods must ensure its safety during transportation, provided that it is handled with care.

6.4. Through the Carrier, the Seller provides the Buyer with the following documents: waybill; certificate of origin of goods; quality certificate, other documents provided for in this Agreement.

6.5. The Seller's obligations regarding the timing of the transfer of goods, the nomenclature, quantity and quality of goods are considered fulfilled from the moment the acceptance certificate is signed by representatives of the Seller and the Buyer.

7. RESPONSIBILITY OF THE PARTIES

7.1. For untimely delivery of goods through the fault of the Seller, the latter pays the Buyer a fine in the amount of % of the cost of the undelivered goods, calculated according to the specification (price calculation, price agreement protocol), but not more than 100%.

7.2. The Seller is responsible for defects in the goods unless he proves that the defects in the goods arose after its transfer to the Buyer as a result of the Buyer’s violation of the rules for using the goods or storing them, or the actions of third parties, or force majeure.

7.3. For violation of the terms of this Agreement, the parties are liable in accordance with the established procedure. Losses in the form of direct damage and lost profits are subject to compensation. The burden of proving damages lies with the injured party.

7.4. In the event of an unjustified refusal to accept the goods, the Buyer shall compensate the Seller for losses in the form of direct damage and lost profits, based on the commercial loan rate at the bank that services the Buyer.

7.5. The ownership of the purchased goods passes to the Buyer (in the case of transportation of goods by rail - from the moment the Seller receives the bill of lading; when sent by air - from the moment the Seller receives the baggage receipt; when sent by mixed message - when the luggage is checked in to the first mode of transport and the first one is received baggage document). The risk of accidental death is borne by the owner in accordance with the current civil legislation of Russia.

8. FORCE MAJEURE (ACT OF FORCE MAJEURE)

8.1. Neither party is liable to the other party for failure to fulfill obligations due to circumstances that arose against the will and desire of the parties and which cannot be foreseen or avoided, including declared or actual war, civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires and other natural disasters.

8.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure.

8.3. A party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the obstacle and its impact on the fulfillment of obligations under the Agreement.

9. DISPUTE RESOLUTION

9.1. All disputes under this Agreement are resolved through negotiations.

9.2. If agreement is not reached, disputes are resolved by arbitration court in accordance with the rules on jurisdiction based on the legislation of the Russian Federation.

10. TERM OF THE AGREEMENT

10.1. This agreement applies to the execution of one transaction and can be extended by additional agreement of the parties only in case of delay in execution without the fault of the parties.

10.2. The validity period of the Agreement is from "" 2019 to "" 2019.

10.3. The contract may be terminated:

10.3.1. By agreement of the parties.

10.3.2. On other grounds provided for by this Agreement and current legislation.

11. FINAL PROVISIONS

11.1. This Agreement is drawn up in two copies having equal legal force, one copy for each of the parties.

11.2. Other conditions at the discretion of the parties.

11.3. The following are attached to the Agreement: .

12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

Salesman

Buyer Legal address: Postal address: INN: KPP: Bank: Cash/account: Correspondent/account: BIC:

13. SIGNATURES OF THE PARTIES

Salesman _________________

Buyer _________________

Please note that the purchase and sale agreement was drawn up and checked by lawyers and is approximate; it can be finalized taking into account the specific conditions of the transaction. The Site Administration is not responsible for the validity of this agreement, as well as for its compliance with the requirements of the legislation of the Russian Federation.

in a person acting on the basis, hereinafter referred to as " Salesman", on the one hand, and in the person acting on the basis of, hereinafter referred to as " Buyer", on the other hand, hereinafter referred to as " Parties", have entered into this agreement, hereinafter referred to as the "Agreement", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.2. The assortment, quantity, unit price of goods and the total transaction amount are determined in List No. 1 (specifications), which is an integral part of this Agreement.

2. PRICE AND QUALITY OF PRODUCT

2.2. The Seller’s unilateral increase in the price of the goods during the term of the Agreement is not permitted.

2.3. The quality of the goods must correspond to the samples and descriptions attached to this Agreement.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. The seller is obliged:

3.1.1. Provide the Buyer with goods of appropriate quality and in the assortment stipulated by this Agreement.

3.1.2. No later than one year, ensure shipment and delivery of the goods to the address of the Buyer or other consignee specified by the Buyer in.

3.1.3. Provide product insurance.

3.2. The buyer is obliged:

3.2.2. Carry out a check upon acceptance of goods in terms of quantity, quality and assortment, draw up and sign the relevant documents (act of acceptance, invoice, etc.).

3.2.3. Notify the Seller about defects of the sold goods noticed during acceptance or during operation on time.

3.2.4. No later than one year, at your own expense, ship returnable containers to the Seller.

3.2.5. Pay for the purchased goods within the period established by the Agreement.

3.6. If the Seller refuses to transfer the sold goods to the Buyer, the Buyer has the right to refuse to fulfill this agreement.

3.9. If the Seller has transferred goods to the Buyer in quantities exceeding those specified in this Agreement, the Buyer is obliged to notify the Seller about this within up to a few days. If the Seller does not dispose of the relevant part of the goods within a given period after the Buyer’s notification, the Buyer has the right to accept the entire product. If the Buyer accepts goods in quantities exceeding those specified in this Agreement, the additionally accepted goods are paid at the price determined for the goods accepted in accordance with the contract, unless a different price is determined by agreement of the parties.

3.11. If the Seller transferred to the Buyer, along with goods whose assortment complies with the Agreement, goods in violation of the terms of assortment. The Buyer has the right to choose:

accept the product that meets the assortment condition and refuse the rest of the product;
refuse all transferred goods;
demand that the goods that do not meet the assortment conditions be replaced with goods in the assortment provided for in this agreement;
accept all transferred goods.

3.14. If the Buyer has not refused the goods, the range of which does not correspond to this agreement, he is obliged to pay for it at the price agreed with the Seller. In the event that the Seller does not take the necessary measures to agree on the price within a reasonable time, the Buyer pays for the goods at the price that, at the time of conclusion of the Agreement, under comparable circumstances, was usually charged for a similar product.

3.1 5. In the event that the goods are transferred without packaging or in improper containers, the Buyer has the right to demand that the Seller repack the goods or replace the improper containers.

3.16. The Buyer, to whom the goods of inadequate quality have been transferred, has the right, at his own discretion, to demand from the Seller:

proportionate reduction in the purchase price;
free elimination of product defects within a reasonable time;
reimbursement of their expenses to eliminate defects in the goods.

refuse to fulfill this agreement and demand a refund of the amount of money paid for the goods;
demand replacement of goods of inadequate quality with goods that comply with the Agreement.

3.18. The buyer has the right to make claims related to defects in the goods if defects are discovered during the warranty period.

4. PRODUCT WARRANTY PERIOD

4.1. Product warranty period is one year.

4.2. The warranty period begins to run from the moment the goods are handed over to the Buyer.

5. PAYMENT PROCEDURE

5.1. Money for the sold goods is transferred to the Seller’s bank account within a period of up to a year (within days after: signing the Agreement; signing the goods acceptance certificate; delivery of the goods to the Buyer’s warehouse; receipt of the railway invoice (notification from the container station, messages about the arrival of the cargo to the destination airport, messages about the arrival of a ship at the port of destination); receiving a message about the departure of a wagon (train) with goods; sales of purchased goods).

6. SHIPMENT PROCEDURE

6.1. The goods are shipped to the address of the Buyer (consignee) specified by the Buyer by rail (road, air) transport. Shipment details of the consignee: .

6.3. The packaging of the goods must ensure its safety during transportation, provided that it is handled with care.

6.4. Through the Carrier, the Seller provides the Buyer with the following documents: waybill; certificate of origin of goods; quality certificate, other documents provided for in this Agreement.

7. RESPONSIBILITY OF THE PARTIES

8. FORCE MAJEURE (ACT OF FORCE MAJEURE)

8.2. A document issued by the relevant competent authority is sufficient evidence of the existence and duration of force majeure.

8.3. A party that fails to fulfill its obligation due to force majeure must immediately notify the other party of the obstacle and its impact on the fulfillment of obligations under the Agreement.

9. DISPUTE RESOLUTION

9.1. All disputes under this Agreement are resolved through negotiations.

9.2. If agreement is not reached, disputes are resolved by arbitration court in accordance with the rules on jurisdiction based on the legislation of the Russian Federation.

10. TERM OF THE AGREEMENT

10.1. This agreement applies to the execution of one transaction and can be extended by additional agreement of the parties only in case of delay in execution without the fault of the parties.

10.2. The validity period of the Agreement is months from "" year to "" year.

10.3. The contract may be terminated:

10.3.1. By agreement of the parties.

10.3.2. On other grounds provided for by this Agreement and current legislation.

11. FINAL PROVISIONS

11.1. This Agreement is drawn up in two copies having equal legal force, one copy for each of the parties.

Checking account:

Bank:

Correspondent account:

BIC:

Signature:

When one party transfers the ownership of goods to another, a contract of sale. Download the form and sample available for free on this page.

IN Civil Code Listed are the cases when a written agreement is needed:

if the cost of the goods is more than 10 thousand rubles,
if a contract for the sale of goods is concluded between a legal entity and an individual,
if there is a sale of real estate.

Standard contract for the purchase and sale of goods: sample

The contract notes important points for the transaction. Do not write too much, so as not to overload the document with unimportant information. . Basically it states:

date of signing,
place of compilation,
full details of the parties to the transaction,
information about the product: characteristics, cost, etc.
all about payment
rights and obligations of the parties,
ways to resolve disputes,
details of the parties and their signatures and seals.

Use our purchase and sale agreement form - a simple version can be supplemented with any clauses if necessary. Next, we will consider the most popular types of contracts.

Agreement for the sale and purchase of goods between legal entities: sample

All sales and purchase agreements concluded by legal entities must contain a clause on the cost of the transaction. If it is not there, the document will be considered invalid.

Sales and purchase agreement between individuals: sample

In a contract for the sale and purchase of goods between individuals, it is necessary to indicate full names, addresses, passport and contact details of the parties to the transaction.

Print the purchase and sale agreement form

The MyWarehouse service has a special section for contracts: you can create documents, keep records of them, track amounts and deadlines for them. You can create your own templates and use them to quickly print contracts for your clients: the details will be filled in automatically.

The register of contracts can be configured as convenient. For example, if you link an agreement to acceptance, shipment and payment documents, the list will show what has been completed and what has been paid.

Depending on the specifics of the business, other types of goods purchase and sale agreements will be required:

with prepayment,
in installments,
retail,
used,
for implementation.

Let's consider each option in more detail.

Agreement for the purchase and sale of goods with prepayment

A contract for the purchase and sale of goods with prepayment must contain a clause stating that the buyer undertakes to pay for the purchase in full or in part before transfer of the goods. Payment must be made within the period specified in the contract.

Prepayment can be of several types:

full - is the full cost of the transaction,
partial (advance) - a pre-agreed fixed amount or percentage,
revolving - carried out when the supply of goods occurs regularly over a long period of time.

Prepayment is a common condition of the transaction, so it is convenient when the process is automated. For example, in an accounting system like MoySklad, we can accept prepayments from customers. You can pay full or partial cost of the goods. After making an advance payment, the client can pick up the purchase or return the money. The option works both in and in . Thus, creating an agreement with prepayment is easy - you will see all orders with this form of payment.

Agreement for the sale and purchase of goods with installment payment: sample

An installment purchase agreement for goods is an agreement in which payment is not made full amount, but in parts. Most often, such a document is drawn up when purchasing on credit.

Sales and purchase agreement for the sale of goods: sample

A purchase and sale agreement for the sale of goods is essentially the same as a commission agreement for the sale of goods. But there is one thing important difference. Under a commission agreement, ownership does not pass to the commission agent. If you need a sales and purchase agreement for sale, download it here.

The parties must agree on payment methods and terms. For example, this could be a weekly transfer or for the entire batch at once.

Retail purchase and sale agreement: sample

Under a retail purchase and sale agreement, the seller transfers the goods to the buyer exclusively for non-profit activities. This could be personal, family, home or any other non-business use.

The seller under such an agreement can be both an individual and a legal entity that sells retail. The buyer can also be a legal entity, but it does not have the right to use the purchased goods for business activities.

Purchase and sale agreement for used goods

It is important to draw up a contract for the sale and purchase of used goods in such a way that the buyer cannot later make a claim. For example, add a clause stating that the buyer examined the product before purchasing and agrees with its condition and characteristics. If you miss it, the buyer may demand a price reduction or refuse to fulfill the contract altogether.

We are selling goods to a legal entity that is registered in Belarus, what document do we need to issue?

You need a contract for the international sale of goods. Russian participants such a transaction may be a legal entity or individual entrepreneur located in Russia. International sales and purchases also include the supply of goods sold - this point must be specified in the contract.

Along with the contract, we need to draw up an act of acceptance and transfer of goods, how to do this correctly?

You need to fill out an annex to the goods purchase and sale agreement. In this way, you can attach any other documents to the main one. For example, delivery schedules or price lists.

You can download the current 2019 purchase and sale agreement form for free.

We took a simple standard form as a sample purchase and sale agreement between an LLC and an individual. Is it possible to do this or is there a special form of agreement?

Can. Special shape There is no such agreement; you can add your own clauses to a standard document, for example, to ours.

We need a sample purchase and sale agreement between an individual entrepreneur and a legal entity, are there any nuances in it?

No. You can take a regular standard contract, but do not forget to indicate your passport details in it individual entrepreneur. You can download a contract for the sale of goods (sample 2019) for free.

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One-time sample purchase and sale agreement. Typical sample of filling out a purchase and sale agreement

Simple contract

An example of a simple contract - how to fill it out

Agreement with encumbrances

Rent

Pledge

Rent

Minor or incapacitated owner

Possible nuances

When is it necessary to contact a notary?

Buying and selling by proxy

1. THE SUBJECT OF THE AGREEMENT

2. PRICE AND QUALITY OF PRODUCT

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

4. PRODUCT WARRANTY PERIOD

5. PAYMENT PROCEDURE

6. SHIPMENT PROCEDURE

7. RESPONSIBILITY OF THE PARTIES

8. FORCE MAJEURE (ACT OF FORCE MAJEURE)

9. DISPUTE RESOLUTION

10. TERM OF THE AGREEMENT

11. FINAL PROVISIONS

12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES

13. SIGNATURES OF THE PARTIES

1. THE SUBJECT OF THE AGREEMENT

2. PRICE AND QUALITY OF PRODUCT

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

4. PRODUCT WARRANTY PERIOD

5. PAYMENT PROCEDURE

6. SHIPMENT PROCEDURE

7. RESPONSIBILITY OF THE PARTIES

8. FORCE MAJEURE (ACT OF FORCE MAJEURE)

9. DISPUTE RESOLUTION

10. TERM OF THE AGREEMENT

11. FINAL PROVISIONS

Standard contract for the purchase and sale of goods: sample

Agreement for the sale and purchase of goods between legal entities: sample

Sales and purchase agreement between individuals: sample

Print the purchase and sale agreement form

Agreement for the purchase and sale of goods with prepayment

Agreement for the sale and purchase of goods with installment payment: sample

Sales and purchase agreement for the sale of goods: sample

Retail purchase and sale agreement: sample

Purchase and sale agreement for used goods

We took a simple standard form as a sample purchase and sale agreement between an LLC and an individual. Is it possible to do this or is there a special form of agreement?

We need a sample purchase and sale agreement between an individual entrepreneur and a legal entity, are there any nuances in it?

What else to read

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