Letter of offer of cooperation: writing procedure and sample


What is the document?

An agreement of intent is a written agreement that is concluded between two or more parties and contains information about the nuances of a future transaction. The document can be drawn up to consolidate any agreements, including the intention to purchase and sell real estate.

Legal force of the agreement

The Civil Code does not regulate the concept of an agreement of intent, but there is no prohibition on its conclusion. We are talking only about the preliminary agreement and the rules for its conclusion.

A written document of intent has limited legal force. If one of the parties violates the prescribed conditions, then on the basis of this paper it will not be possible to recover moral damages or establish penalties. But the presence of such a letter will make it possible to prove that the relationship between the parties really existed, the seller and the buyer voluntarily wanted to enter into a transaction.

The main differences between the two documents:

  • The preliminary agreement establishes the obligation to conclude the main policy agreement within the specified time frame.
  • A letter of intent has a slightly different meaning. It is signed as a guarantee that the property will be purchased on the terms agreed between the parties.

In the first case, we are talking about the need to sign an agreement, and in the second, that the premises will be purchased on the terms that people agreed on.

Rights and obligations of the parties

When drawing up a letter of intent, special attention should be paid to indicating the rights and obligations of each of the parties to the future transaction for the purchase and sale of real estate.

Attention! The agreement can only be concluded with the mutual consent of the seller and the buyer, and in the same way it can be changed or terminated.

The seller and buyer must:

  1. Conclude an agreed transaction on the specified terms.
  2. Adhere to prescribed deadlines, if they are established.
  3. If there are any controversial issues, notify the other party of the disagreement.

Both parties have the right to withdraw from the agreements reached if the second party violates the terms of the deal.

Sample letter requesting assistance

First of all, you need to compose the “header” of the letter, in which you indicate the name of your organization and its details, as well as information about who you are sending the letter to. This could be a specific person (for example, the head of a company) or a group (employees of a department of your company or your partners). Next comes the greeting: if you are addressing a specific person, you must address them by name: “Dear Ivan Petrovich!” If you are writing to a team, then it is possible to address “Dear colleagues!”, “Dear employees of the department!”

Your company always takes part in the affairs of our organization, and has been assisting in various events for several years now. As we host an event on August 20, 2021 to help families prepare their children for school, we hope for your help. All children have the right to a happy childhood, and low-income families, like no one else, need participation and support.

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Recommendations for compilation

The letter of intent must be in writing. There are no legally established norms or requirements for its preparation, but this does not mean that the paper can be written in any format, without taking into account the basic legal nuances.

When drawing up the form, it is important to pay attention to the conditions that must be covered in the letter. An incorrect approach to writing may be a reason for declaring the paper void or invalid.

Conditions that cannot be included in the protocol

The parties cannot include a clause in the agreement of intent Such a clause will turn the letter into a preliminary agreement, and special requirements apply to it according to the Civil Code of the Russian Federation.

We should not forget that written obligations do not constitute the basis for the transfer of property rights and do not give the right to demand penalties from a participant who has violated the written agreements.

Deadlines

This type of document does not oblige participants to set clear deadlines for fulfilling the prescribed conditions, but it does not prohibit it either. The seller and buyer can agree on specific dates for the end of the preparatory stage and the period for transition to the conclusion of the transaction.

Important! If no dates are specified in the letter, then it is considered that it must be completed within a year from the date of its signing.

Technical requirements for the form

When drawing up an agreement, you must adhere to the standard requirements for writing such documents. The form is filled out in several copies - according to the number of parties involved in the sale and purchase.

Legal significance is given to the paper by the signatures of the parties. The absence of a date of preparation and place of signature is grounds for declaring a document void.

Content

To familiarize yourself with the contents of a standard protocol of intent and the structure of this form, just go to the Internet and you can find many samples on various topics. At the same time, it must be borne in mind that the following points should be displayed in the compiled documents:

  • Specified exact date or time within which the main contract must be signed.
  • Estimated cost of the subject of the contract: The range of costs of the goods offered and the work performed can be displayed here.
  • Possibility of involving third parties in the contract - intermediaries, analysts, appraisers.
  • The outcome of the agreement is a statement that cooperation will be extended. Sample letter of intent

Sample letter of intent

If the protocol of intent does not reflect the validity period of the main contract, then in this example the standard regulations of the Civil Code of the Russian Federation regarding such documents are applied to it. The duration of such a contract under the existing Law cannot be more than a year from the date of its conclusion.

The contents of the contract may display a phrase such as “other terms.”

What does this point mean?

  • Mandatory provision of additional materials (licenses, certificates)
  • List of points that, within the framework of this protocol, will relate to valid reasons for breaking the agreement
  • The permissibility of one of the parties to refuse to fulfill the contract in the future
  • The amount of penalties for the partner who breaks the obligations

These agreements are drawn up, like any other similar documents, in two copies and each copy is equivalent in the legal sense. As the number of partners involved in the execution of the contract increases, the number of copies of the document increases.

The agreement is drawn up in writing and does not require notarization. Moreover, this contract is a valid document during a legal dispute, if one arises.

Like any document, the letter of intent must follow a certain structure:

  1. Preamble, which displays the name of the agreement and applicants for its execution.
  2. A short text of the agreement in which the partners stipulate long-term intentions. According to the Civil Code of the Russian Federation, preliminary intentions to transfer property or perform work or services are possible. The subject of the agreement is clearly stated: what exactly will be transferred, what services will be performed. Accordingly, you need to indicate the amount of the main contract. If it is not yet possible to name the amount, then it is necessary to stipulate this and stipulate that the amount will be determined by the applicants when signing the main contract.
  3. Time to complete the main contract.
  4. Responsibility of partners for failure to agree (penalty, fine, etc.).
  5. If contracting parties use security measures (advance payment, deposit, etc.), then this must be reflected in the document of intent.

Form

According to clause 2, clause 3 of Art. 429 of the Civil Code of the Russian Federation, there are two main requirements for personal data:

  1. The document must be in the same form as the main DCP.
  2. It must contain a description of the subject and the conditions of the main policy.

The above requirements are regulated by the legislative norms of the Russian Federation, which determine the conditions for registration of PD, non-compliance with which may lead to the cancellation of the main DCT, that is:

  • The PD form must correspond to the basic form defined by legislative acts for real estate DCP. Art. 160 of the Civil Code of the Russian Federation regulates the mandatory written form for PD, ignoring which entails declaring the transaction invalid.
  • The subject of the contract must reflect an accurate description, so the document notes not only the legal entity. the address of the apartment being purchased, but also more detailed data, indicating the floor location, year of commissioning, area and other characteristics of the property.
  • The conditions for registration of the PD and the conditions of the main DCT, as a result of which the real estate must be transferred to the buyer, must be identical. At the same time, after 2015, changes were made to the legislative norms to exempt the parties from full compliance with the PD and the main DCP, that is, the PD participants can agree only on the subject of the agreement and those points that they deem necessary. Therefore, today it is not necessary to display the price of an apartment in the PD.
  • The PD provides for displaying the period for concluding the main policy agreement. If such a period is not specified by the counterparties, then according to clause 4 of Art. 429 of the Civil Code of the Russian Federation, such a period cannot be more than one year. If the buyer fails to fulfill his obligations, the seller has the right to file a claim in court, demanding the forced conclusion of a contractual agreement (Article 445 of the Civil Code of the Russian Federation).

Note. The PD must be written, and in some situations, notarized.

Notarization of personal data is carried out in two options:

  • If the main DCT must be certified by a notary, for example, when purchasing a share in housing construction.
  • If the parties made such a decision, even if the law does not require it.

Do I need to certify?

A lot of questions concern the topic of certification of agreements of intent by a notary. Let us answer right away - the legislation does not oblige citizens to certify agreements of intent for the purchase and sale of real estate from specialists, since an ordinary signature is sufficient. However, this procedure is very useful for a number of reasons:

  • A notary, certifying documents, will help identify errors in the agreement of intent, as well as detect fraudulent actions of one of the parties;
  • From a notary you can order and correctly draw up all the documents necessary for the purchase and sale of real estate;
  • A notarized agreement of intent for the purchase and sale of real estate is easier to use in disputes and court proceedings.

So if you want to conclude a really large and important deal, then a letter of intent certified by a specialist will be very useful to you. In addition, the price of verification and confirmation is not so high - about 2000 rubles.

What does it look like?

As mentioned above, a letter of intent is a document of a very strict form. It is almost completely identical to a standard purchase and sale agreement, and is drawn up in the following sequence:

  • Name of the transaction;
  • Data of each party: full name, registration address, passport details, contacts;
  • Guarantees provided by the contract;
  • Description of the procedure for conducting a future transaction;
  • List of obligations and rights of the parties;
  • Information about loans issued for the transaction;
  • Full information about the value of real estate;
  • Information about the deposit;
  • Payment details;
  • Ways to resolve disputes and conflict situations;
  • Final provisions;
  • Details of the parties and their signatures.

As you can see, the agreement of intent for the purchase and sale of property does not contain anything particularly complicated. But at the same time, it quite accurately describes the transaction and gives an idea of ​​​​all its most important aspects.

How to draw up an agreement of intent to enter into an agreement on cooperation in the future


As reflected above, a letter of intent is an agreement in which the partners, in the future, undertake to draw up the next, main contract.

The decision to formalize this agreement is made when both partners of a promising transaction have a desire to approve mutual cooperation. The document displays all the points relating to the main contract, and all clauses of the agreement must be formulated specifically and clearly. For example, you can use the following formulation:

“...the parties intend to sign a contract for the installation of equipment...during...”

“... the period during which the partners sign the contract is determined...”, etc.

The protocol of intent will be legally valid only if all paragraphs are specified. Otherwise, the protocol may not be recognized, which is why it may subsequently become a formal document that is not binding to anything.

What is needed for preparation and use?

Let's move on to the package of papers that you may need to prepare a letter of intent. It is slightly smaller than the full package of documents required for the purchase and sale, but nevertheless quite diverse:

  • Identity cards of each party;
  • Title papers for real estate;
  • Cadastral passport of property;
  • Technical passport and property plan;
  • Extract from the Unified State Register;
  • Extract from the house register (for the purchase or sale of an apartment);
  • Certificates of inheritance (if the property was received by the seller after the death of its owner and has not yet been re-registered);
  • Permission from other owners (if the share is being sold).

What are the consequences of non-compliance?

Most often, a letter of intent is created for one sole purpose - to avoid possible problems, disputes and disruption of transactions. That is why special emphasis when preparing a preliminary agreement is placed on clauses relating to fines and dispute settlement. So the answer to the question “What are the consequences of non-compliance with the agreement of intent?” very simple - monetary penalties, which are also spelled out in it.

Another important point is the possibility of violating the contract under which an advance payment was made. As a rule, it is this that will serve to secure the transaction, since in case of violations on the part of the buyer, the seller will reserve the right to withhold the advance payment, and if the seller terminates the transaction, the buyer will receive both an advance payment and proportionate compensation.

It is worth noting that failure to comply with the letter of intent does not always lead to termination of the transaction. If desired, it can be supplemented and edited by mutual agreement, thereby adjusting the text of the document to new circumstances.

What is the difference between a preliminary agreement and an agreement of intent?

It is necessary to distinguish between the concepts of a preliminary agreement and a letter of intent. Legally, these are different documents that entail certain consequences in the event that the agreements reached are not fulfilled.

The letter of intent and the preliminary agreement document the desire to enter into an agreement in the future. It is important to distinguish the first document from the second, since only a preliminary agreement obliges the parties to complete a transaction in accordance with paragraph 5 of Article 429 of the Civil Code. The letter of intent only confirms that the parties have reached agreement on any stage of the transaction.

A preliminary agreement can be distinguished by the following features:

  • contains accurate information about the property that will become the subject of the main agreement (only approximate data can be indicated in the agreement of intent);
  • has a structure similar to the master purchase and sale agreement.

It should be noted that the letter of intent can be drawn up as a preliminary agreement. But in order for it not to be recognized as such, it is necessary to include in the text the phrase that the document is not a preliminary agreement.

Also read:

  • sample preliminary agreement for the purchase and sale of an apartment>;
  • sample preliminary contract for the purchase and sale of land.

Why do you need a preliminary agreement?

When purchasing an apartment, it is not necessary to draw up a PD. You can immediately sign the main DCT and complete the transaction by completing all the formalities, payment and transfer of real estate in accordance with the contractual terms.

However, in some circumstances it is impossible to do without PD. The need for PD appears when the main DCT, for some reason, cannot be issued immediately.

PD is issued in the following situations:

  1. When there are not enough funds collected, however, the seller agrees to wait.
  2. If a personal meeting is not possible, and concluding a PrEP through a representative is undesirable.
  3. The complete package of accompanying documents has not been collected.
  4. The buyer expressed his intention to independently verify the legal purity of the future transaction.

Note. Despite the fact that the PD does not force the seller to transfer the apartment to the buyer, it has legal force and can lead to legal consequences if one of the parties fails to fulfill it. Therefore, the preparation of this document must be approached responsibly.

BREAKING DOWN Letter of Intent – ​​LOI

The real usefulness of a letter of intent is that it formalizes a preliminary agreement on a topic before negotiations begin , it lays out what can and cannot be said about the outside of those negotiations, and it contains a road map that describes how things will unfold.

Letters of intent go into negotiations, as do the contracts themselves. One party may submit an LOI, then the other party may respond entirely to changes or a different LOI. Ideally, the final product will protect both parties in subsequent negotiations and execution of the contract that the LOI believes it will attempt to negotiate.

A letter of intent may include provisions that are mandatory and optional. The methods used to link a letter of intent can vary. Some of the least binding LOIs essentially contain a contractual agreement to treat the LOI as optional.

Some more binding LOIs may include contract negotiation rules as a binding agreement. Or the LOI may specifically outline the elements of the agreement (eg, date of completion of the deal, who will write the contract, financing specifics); they usually include a condition that the items must be approved by the board.

One of the most binding types of letters of intent, also known as “failed letters of intent,” betrays the entire concept of a letter of intent and serves as a contract as a whole. A letter of intent should bring the parties together and help formulate terms as a way to reduce the risk of litigation.

It is not uncommon for letters of intent to include non-disclosure agreements or include “no solicitation” provisions.

A non-disclosure agreement (NDA) is where the parties agree what information remains confidential and what information can be shared.

In the context of the LOI, the NDA will refer to specific components of the transaction. In the absence of a motion, it is provided that one party may not employ any of the other party's employees.

Other ways that an LOI can protect both parties negotiating a deal include provisions that the deal can only go through if the financing has been purchased by one or both parties or that the deal must be done by a certain date.

When is an agreement of intent to purchase and sell concluded?

An agreement of intent is convenient to use when it is necessary to consolidate oral agreements, but avoid financial losses if the deal is abandoned. This option is used when negotiations on a transaction are conducted by the seller with several possible buyers at once.

Although there are no consequences for terminating such an agreement, when going to court, it can become evidence that the parties negotiated. This is important in the case where the buyer and seller of real estate were interacting, but suddenly one of the parties stopped the process, while the other suffered losses. When requesting their compensation in accordance with clause 3 of Art. 434.1 of the Civil Code, an agreement of intent will be evidence that they participated in the negotiations voluntarily.

When dealing with an apartment

The preliminary agreement for the purchase and sale of an apartment is drawn up in 3 copies in the presence of the parties. The legislation does not provide for a special form of agreement, however, the document must contain the main conditions of the transaction - the term, payment procedure and the obligation to register the paper in Rosreestr.

The contents of the purchase and sale agreement for an apartment must indicate the following:

  • personal data of the parties (passport identification number, initials of the buyer and seller, residential addresses, telephone numbers);
  • subject of the contract;
  • detailed description of the apartment;
  • list of title documents for real estate;
  • full cost of the apartment;
  • calculation procedure;
  • size of the deposit (advance);
  • rights and obligations of the parties;
  • responsibility of the seller and buyer;
  • contract time;
  • date of compilation, signature, seal (for legal entities).

Regarding a house with a plot of land

Residential real estate and the land on which the building is erected are inextricably linked elements. According to the Civil Code of the Russian Federation and the Land Code of the Russian Federation, the government regulates a mandatory requirement according to which the alienation of a house, dacha or any other type of building is carried out together with the land plot on which the object is located. If this point is not specified in the document, the agreement is considered invalid under Article No. 273 of the Civil Code.

When buying a home with a mortgage

One of the main documents when applying for a mortgage is the purchase and sale agreement concluded between the borrower-buyer and the seller-owner. However, the main contract must be preceded by a preliminary agreement. For example, when buying an apartment on the secondary market.

The contract of intent does not need to be certified by a notary. The document is drawn up in three copies, one of which is provided to the bank. The content must indicate the essential terms of the transaction. After signing, the preliminary agreement acquires legal force and assumes the obligations of the parties.

An agreement of intent for the purchase and sale of real estate under a mortgage guarantees the implementation of the transaction in the future.

Deadlines

A preliminary agreement, like any other legal document, presupposes the obligations of the parties, as well as a deadline for their fulfillment. In case of violation of basic requirements, the buyer, as well as the seller, may be subject to liability and penalties.

Sample offer to purchase debt

I have this situation, I took out a loan for 350 thousand, I lost my job and there is no way to repay. The trial took place. According to the writ of execution, I pay 370 thousand. Even the money that was paid was not taken into account. The bank demanded the full debt + all legal costs and penalties for the bailiffs. There is still no profitable work. The bailiffs are pressing me that I don’t pay enough, I need at least 15-20 thousand a month, and not 2 thousand rubles. I found out that you can buy out a debt from a bank under an assignment agreement, and that in my case you can agree on an amount from 10 to 30% of the debt amount. There is a trusted person who is ready to buy out this debt. It’s just not entirely clear how to write a letter to the bank and the office where the loan was taken out or to the main bank (the trial took place in the city where the main branch of the bank was and there was no opportunity to attend it). In 2 years. that I pay, the bank has not yet received a penny from their money. Bailiffs don't write. that debt collection is not possible because there is no property, they are trying to squeeze their % out of me.

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According to Art. 410 of the Civil Code of the Russian Federation, the obligation is terminated in whole or in part by offsetting a counterclaim of the same type, the term of which has come or the term of which has not been specified or is determined by the moment of demand. For offset, a statement from one party is sufficient.

What is the significance of this agreement?

The psychological aspect is also important. When concluding it, the parties undertake to perform certain actions, that is, in essence, they make a promise. And the ability to fulfill your promises and keep your word is one of the most important qualities of a businessman.

If he does not fulfill the terms of the agreement, he may be known in business circles as a frivolous person who cannot be trusted and who does not know how to fulfill his obligations. And no serious business representative would want to enter into a business relationship with such a person.

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Possible options

Like any agreement, a PD does not require a strict form, but it must contain a basic structure and, depending on the type of transaction, additional conditions and obligations may be established.

When drawing up a DCT, the following options for its conclusion are possible:

  1. Purchasing an apartment from a developer.

In this option, the DCP is concluded with a construction organization - the developer of the house. Registration is carried out only after the house is put into operation, if the developer has a certificate of ownership. If the house has not yet been delivered, then in this case you can draw up a share participation agreement with the buyer.

  1. Applying for a mortgage loan to purchase an apartment. In this option, a third party acts in such a transaction - in the person of the bank, which issues the buyer a loan to purchase an apartment. Here, concluding a PD is risky, since the bank may refuse a mortgage and the deal will be disrupted. Often, the bank requires registration and certification of PD by a notary, in case of controversial issues.
  2. Preliminary contract for an apartment with a deposit or an advance payment. Here it is possible to register a PD, both with and without a deposit. Payment of a deposit or advance provides a guarantee to the seller that the transaction under the main contract will be completed. At the same time, the contract must stipulate the conditions for the return of the deposit or advance payment if the transaction is disrupted.

The contract must clearly indicate that a deposit or advance is being made, since these are different concepts.

with a deposit

Earnest money refers to an instrument that guarantees that the participants in the preliminary transaction will fulfill the terms of the contract.

According to clause 1, 4 art. 380 of the Civil Code of the Russian Federation, the deposit is considered to be part of the amount of the price of the apartment transferred to the seller when registering a PD towards the cost of the transaction. If the buyer refuses the transaction, the deposit will not be returned to him. If the seller refuses the transaction, the deposit must be returned to the buyer in double the amount (clause 2 of Article 381 of the Civil Code).

The delivery of the deposit is supported by an executed receipt confirming the transfer of money. At the same time, the word “deposit” must be indicated in the PD and in the receipt, otherwise it will be considered an advance.

For PD participants, a deposit is a more preferable measure, since such a transaction has serious consequences in case of refusal of the DCT.

no deposit

If an advance is made when registering a PD, then in this case, if the main transaction fails by either party, the advance is returned to the buyer. The advance payment is an advance payment when proceeding to the conclusion of the main contract for the apartment. At the same time, the PD must clearly indicate that an advance is being made and its amount must be indicated.

The fact of transferring an advance must be supported by a receipt, which must also clearly indicate the amount and display the word “advance”.

Sample letter of offer to purchase property

Due to the fact that, according to the writ of execution AS No. 000143567 dated 05/03/2021, Zatura LLC is recognized as the claimant, in accordance with Parts 8 and 9 of Art. 69 Federal Law No. 229 dated October 2, 2021 “on enforcement proceedings”, please provide information about the debtor specified in this writ of execution. The following data is required:

Letters marked “personal delivery” are, as a rule, drawn up directly by the director of the organization addressed to the head of the addressee at a similar level. In this case, they should not be opened by anyone other than the recipient himself.

Documents for registration

To conclude a PD, the parties are required to provide documents that are mandatory when drawing up such transactions.

These include:

  1. Passports of the parties or identity cards.
  2. Title materials (Extracts from the Unified State Register of Real Estate).
  3. Information from the house register.
  4. Certificates from the BTI.

The buyer, who risks facing unpleasant consequences after the transaction, is more interested in providing as many documents as possible.

Grounds for termination

There are several ways to terminate a letter of intent:

  1. Upon reaching a mutual agreement.
  2. Unilaterally if the other party violates the essential terms of the agreement.
  3. Judicially.

Grounds for termination may be force majeure situations that do not allow the conclusion of a transaction or the desire of one of the parties to withdraw from their agreements.

Attention! If a voluntary agreement is reached to terminate the previously signed letter, a new document will need to be concluded indicating the termination of cooperation.

If you cannot resolve the situation voluntarily, you should go to court.

Judicial practice shows that agreements of intent are often recognized as preliminary, for violation of the terms of which there are already possible consequences and liability. This is due to the fact that there are too many similarities and very blurred boundaries between the two forms of contract.

Sample letter of offer to purchase property

An offer (offer agreement) is a proposal to conclude a cooperation agreement indicating the main details of the transaction: name, quantity, quality, price of the product, conditions and delivery time, payment, delivery method. It is a preliminary stage of concluding a contract. The person making the offer is called the offeror, and the person making the offer is called the acceptor. An offer made to an indefinite number of people is called a public offer.

Orders are accepted by email or fax. Before placing an order, please inquire about the availability of the product at the manufacturer's warehouse. Once your order is confirmed, you will be issued an invoice. The invoice requires your confirmation (checking the product name, quantity, cost). Confirmation can be sent by email or fax.

Is it possible to terminate it?

A document of intent serves to preliminary consolidate agreements on a future transaction, but leaves the parties the right to refuse it without any consequences. This is a convenient tool for those sellers who are negotiating the sale of a real estate property with several potential buyers at once.

Either party has the right to terminate the agreement. Legally, it does not impose an obligation on the seller or buyer to conclude the main contract, and therefore does not provide consequences for the one who initiated the termination.

However, a document signed by the parties can serve as evidence of negotiations on the transaction. If any of the parties suffers losses during termination, then they have the right to demand compensation in court on the basis of clause 3 of Art. 434.1 Civil Code.

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Sample of an offer to buy out a share in an apartment

With sufficient reliability and responsibility of the representative, the seller can free himself from the need to send notifications and monitor their further fate (very convenient when he is very busy, at a remote location or with limited physical capabilities).

Compliance with the right of pre-emption is the responsibility of the seller. After making a decision to sell the share and setting its value, he will have to draw up and send letters to all co-owners offering to buy it back on the stated terms.

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How to draw up an agreement?

The PD obliges the parties to the transaction to issue the main DCP in the near future. The terms of the main DCT are described in the PD, in which it is difficult for a buyer who does not have a legal education to understand the intricacies of the document.

Therefore, it is necessary to correctly draw up the PD. At the same time, PD is often confused with a protocol of intent. Unlike a PD, the protocol presupposes the parties’ desire to conclude a future transaction without legal consequences.

To assign legal force to an agreement, 3 conditions must be met:

  1. Clearly display the name of the agreement: “Preliminary Agreement”.
  2. stipulate the obligations of the parties to the agreement to draw up the main policy agreement within a clearly established period.
  3. There must be a section that specifies the terms of the main policy.

Structurally, the PD consists of 2 parts: the conditions of the main monetary policy and the conditions of the PD.

The first part displays the obligations of the parties regarding the main monetary contract and its cost. The second one displays the PD conditions, including:

  • Date of conclusion of the main policy agreement.
  • Conditions for preparing documents.
  • The procedure for notifying the parties of readiness for the main transaction.
  • Responsibility of the parties in case of refusal to conclude the main DPA.
  • Other conditions that are important, which are prescribed as a result of agreements between the parties in each specific option.

Consequently, if the main DCT is subject to notarization in accordance with Part 1 of Art. 42 of the Federal Law “On State Registration of Real Estate”, then the PD must also be certified by a notary.

Validity

This paragraph in the PD reflects the deadline for signing the main DCP. If the deadline is not specified in the PD, then according to the standards of the Civil Code of the Russian Federation, the main contract of agreement for the apartment must be signed within one year from the date of conclusion of the PD. If the main policy agreement is not concluded during the year, then the PD ceases to be valid.

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