Sample contract and example of filling
You can download a preliminary agreement for the purchase of an apartment (room, share of an apartment, etc.) using borrowed funds issued by Sberbank PJSC on the official website of the credit institution.
The document must indicate the following parameters of the upcoming transaction:
- date and place of conclusion of the agreement;
- details of the parties. If the seller or buyer is a private person, then you must indicate your full name, date of birth, place of permanent residence, and passport details. If one of the parties is a representative of the buyer/seller, then additionally indicate the details of the power of attorney issued by the notary. If one of the parties to the transaction is a legal entity, then it is necessary to indicate the name of the organization, full name and passport details of the company representative, details of the document confirming the person’s authority to represent the interests of the company;
- details of the property being purchased: address, cadastral number, area of the premises, number of rooms, number of floors in a private house, and so on;
- details of the document confirming the property seller's ownership of the specified residential premises (registration certificate or extract from the Unified State Register of Real Estate);
- value of real estate;
- payment procedure. This subsection requires you to indicate what part of the amount will be paid from the buyer’s own funds, what part will be repaid by maternity capital (if used), how much money the bank will issue;
- the fact of transferring the apartment as collateral to the lender bank. This obligation under the loan agreement must be fulfilled after state registration of the apartment purchase and sale transaction;
- terms of concluding the main contract. The agreement may establish a certain period (date) for concluding the main agreement or a certain period allotted for its conclusion.
By prior agreement, this agreement may be supplemented with other clauses that are important for the seller or buyer.
It is recommended to draw up a new text of the document with the assistance of a qualified lawyer who knows all the rules and nuances of developing this type of document.
DomClick login to your personal account
To enter the site, you need to open https://domclick.ru/ and click “Login to your personal account” in the upper right corner:
You can use data from your Sberbank Online account as your login-password. The login can be a mobile phone number, which must be linked to the portal. Otherwise, you will not be able to log in.
With the help of Dom Click you can:
- Selection of residential premises in the area of interest according to selected criteria from a variety of accredited lists (secondary market or new buildings).
- You can apply for a mortgage by submitting a loan request.
- Communication with real estate sellers.
- Future mortgage calculator.
- Documentation of the selected object in electronic form.
- Consultations with Sberbank real estate specialists.
- Checking the absence of third parties in the selected apartment.
- To avoid overpayments for square meters, an assessment of the calculation of the object has been introduced.
- Sending documentation for registration of purchase and sale to the registration authorities.
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Why is it needed and what is it about?
A preliminary agreement concluded at the request of the bank when obtaining a mortgage loan is required:
- to determine the loan amount and other essential lending conditions, since when developing a loan agreement, the cost of the apartment, the amount of personal savings, the possibility of attracting other income, the borrower’s creditworthiness, and so on are taken into account;
- to record the intention to acquire a certain residential area and exclude the possibility of selling real estate to third parties. Mortgage lending is targeted, that is, funds are issued to the borrower for the purchase of a specific apartment located at a specified address. It is impossible to use borrowed funds to purchase another property;
- to fix the cost of the apartment. Under the terms of the preliminary agreement, the seller does not have the right, at his own discretion, to change the value of the property.
Mortgage with DomClick - how to apply to the system?
After completing registration on the site, you can immediately apply for a mortgage. You can buy both primary and secondary housing. There are two ways to apply for a property:
- From the real estate card, selecting the desired apartment in the DomClick catalog.
- Without attachment to a specific object. You can submit the apartment for consideration later.
Method linked to a specific apartment
To do this, you need to go to the “Buy” menu, select the type of property (secondary housing or new building), set the current filters by location, number of rooms, square footage of the apartment, cost and other parameters.
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What documents and information are needed?
To draw up and sign a preliminary agreement for the purchase of an apartment, you will need to prepare the following package of documents:
- civil passports of the parties, if the seller/buyer are individuals. The charter of the enterprise, an extract from the Unified State Registration Register, the passport of the representative, a power of attorney certified by a notary or another document confirming the authority of the representative, if one of the parties to the agreement is a legal entity;
- documents for residential premises: a certificate of registration of an apartment or an extract from the register of real estate as documents confirming the fact of ownership of the apartment by the seller, a cadastral passport or a technical plan indicating the area and other essential parameters of the residential premises;
- consent of the spouse to buy/sell if one of the parties is legally married. The paper is drawn up by a notary;
- consent of the guardianship authorities, an extract from the Pension Fund of the Russian Federation, a birth certificate of a minor citizen, if the child is a seller or buyer of real estate or it is planned to use maternity capital funds to purchase an apartment;
- consent of all co-owners to sell the apartment or refusal of priority purchase of housing.
Features of a preliminary agreement for the purchase and sale of an apartment with a mortgage from Sberbank
When obtaining a mortgage from Sberbank, the preliminary agreement must be supplemented with:
- a document confirming the appraised value of the apartment. This will allow the bank to confirm the market price of the property and determine the liquidity of the future collateral. The assessment of the cost of the apartment must be carried out by one of the accredited organizations, the list of which is presented on the official website of the credit institution;
- a document confirming the number of persons registered in the living space, indicating the date of registration and the document - the basis for permanent registration. You can obtain the document from the management company or passport office. An extract from the house register allows you to determine the list of documents necessary to conclude the main transaction;
- a document confirming that the specified real estate is not the subject of collateral under other loan agreements, not encumbered by any restrictions, not under arrest, and so on. The paper is required to conclude a pledge agreement.
Preliminary mortgage agreement at Sberbank
6 Nov
2015 Contents
:
- Preliminary agreement with Sberbank for a mortgage: form
- Preliminary purchase and sale agreement for a mortgage: what is it for?
- Sample preliminary mortgage agreement of Sberbank
- Adviсe
Applying for a mortgage loan is a long and difficult process. It is based on the contractual relationship first between the borrower and the seller of the property, and then between the lender and his client. To avoid misunderstandings, the parties to the transaction enter into a preliminary mortgage agreement. Read about what this document is in the article.
Preliminary agreement with Sberbank for a mortgage: form
A preliminary mortgage agreement is a document drawn up in accordance with the requirements of the Rosreestr Office and the bank that is the lender. The forms of the preliminary and main loan agreements are similar. Both come into force after they are signed by the parties to the transaction. Ownership of real estate passes to the borrower only after state registration. Requirements for a preliminary agreement:
- Made in writing.
- Includes all necessary information about the parties to the transaction.
- The basis of the contract is a description of the transfer of ownership of real estate from one person to another.
- Contains full identifying characteristics of real estate: location, residential and non-residential area, square footage, layout, etc.
- Describes on the basis of which documents the seller has the right to real estate. The number and date of entry in the Register, details of the Certificate of Registration of Ownership are required.
- Stipulates the drawing up of an additional deed when transferring real estate from the seller to the buyer. They clarify what form the object of the transaction should be in when the parties sign a preliminary mortgage agreement.
- Contains accurate information about the price of the mortgaged property and the method of payment between the seller and the buyer. It is necessary to note that the entire amount under the contract is transferred to the seller within the specified period.
- Describes the transfer of collateral from the seller to the lender.
- The last point is the final provisions.
Preliminary purchase and sale agreement for a mortgage: what is it for?
A preliminary mortgage loan agreement is a guarantee of the fulfillment of obligations by the parties to the transaction. The seller will be fined if, after signing this document, he violates his obligations and sells the property to a third party. The deposit will be returned to the buyer in double amount.
If the buyer violates the contract or the bank refuses a loan, the deposit remains with the seller.
Only after Sberbank approves the preliminary agreement is a mortgage agreement concluded. Later, a third document is drawn up - the main transaction agreement, which is necessary for registering the property with government agencies.
A preliminary agreement is especially necessary if:
- The seller has just taken possession of the property.
- The seller cannot be present personally at all stages of the transaction (he has left for a long period of time, etc.).
- An apartment or house is purchased with a housing subsidy or with the participation of maternity capital.
- There are doubts about the seller's reliability.
Sample preliminary mortgage agreement of Sberbank
Adviсe
- A preliminary agreement carries a number of risks: concluding several agreements for one living space, changing the mortgaged property when registering for unfinished construction, providing an old registration certificate by the seller.
- When concluding a contract, you should not rely only on the seller’s integrity. It would be a good idea to have a lawyer present when signing.
- The buyer must make sure in advance that no minors are registered in the apartment or house, and that the property is not under arrest.
Detailed information about the bank: Sberbank of Russia.