Sale and purchase is one of the most common contracts in everyday life: every event is considered a sale and purchase when a product or service changes hands – whether verbally or in writing. A sale and purchase is, for example, buying a kilo of apples at the market or ordering a pizza at a restaurant. The sale and purchase takes place between the seller and the buyer: the seller receives money in exchange for his product and is obliged to hand it over to the buyer if it is paid for.
Written sales contract – when is it necessary?
The subject of the sales contract can be practically anything, but we use them mostly in the case of sales of motor vehicles and real estate – the necessity and requirements of which are prescribed by the Civil Code.
What should the real estate sales contract contain?
The legislation defines the mandatory content elements of the real estate sales contract:
– personal data of the seller and the buyer,
– the data of the given property,
– the terms of the transfer (retention of ownership, etc.),
– the method of payment of the purchase price,
– the source structure of the purchase price, details of the loan, if necessary,
– the declaration of citizenship of the contracting parties.
– the agreement of the interested parties, the – unconditional and irrevocable – statement of the registered owner allowing registration,
– the mandatory formal elements, i.e. signature, date, attorney’s signature, etc.
Personal data includes: name, mother’s name, address, place and time of birth, personal identification number, tax identification number. In the case of companies, the organization’s name, statistical identifier, company registration number and seat must appear on the document.
Before concluding the sales contract, the seller is obliged to inform the buyer in detail about the property’s detailed properties, basic defects, and possible charges.
It is important to clarify the exact purchase price, payment methods and schedule. Since it is common for the buyer(s) to take out a loan in order to purchase a property, it is important to clarify the conditions of the bank providing the loan, as they are closely related to the individual points of the sale.
Real estate sales contract without a lawyer
Although the contract can be created without a lawyer, the cooperation of a lawyer or notary is an essential condition for its registration in the real estate register.
Many people think of their own, familiar lawyer acquaintance first when they want to sell or buy real estate. However, it is more expedient to commission a lawyer experienced in real estate transactions who routinely deals with such matters on a daily basis.
The lawyer is not only a necessary extra character who makes the document “official” by countersigning, but also a very important consultant in the process: the lawyer who drafts the contract represents both parties and guarantees the best possible cooperation between the parties involved.
Customer identification
The lawyer must identify the contracting parties as well as the property subject to the sale. In addition, of course, you must also know the agreement between the parties. Appropriate identification for the lawyer is a legal requirement. This requires the data of the identity card, residential address card and personal identification number, as well as the tax card.
It is an essential principle that no one can transfer more rights than he himself has. Proper identification is therefore extremely important, since the buyer can only acquire the ownership of a property from the owner, as the seller, recorded in the property register.