The civil code of the Russian Federation (part 2). Chapter 30. Buying, selling, § 7. Selling real estate

21.10.2014

the Civil code of the Russian Federation
Chapter 30. Purchase — sale
&#167 7. Real estate for sale

Article 549. Contract of sale of real estate

1. Under the agreement of purchase — the sale of immovable property (the contract of sale of real estate) the seller undertakes to transfer the ownership of the buyer of land, building, structure, apartment, or other immovable property (article 130).

2. The rules in this paragraph apply to the sale of enterprises to the extent otherwise provided by the rules on the contract of sale of the enterprise (article 559 — 566).

Article 550. The form of the contract of sale of real estate

the Contract of sale of real estate must be concluded in writing by drawing up one document signed by the parties (paragraph 2 of article 434).

Failure to observe the form of the contract of sale of real estate shall entail its invalidity.

Article 551. State registration of the transfer of ownership of property

1. The transfer of ownership of the property under the contract of sale of real estate to the buyer is subject to state registration.

2. The performance of the contract of sale of real estate by the parties prior to the state registration of transition of the property right is not a basis for changing their relations with third parties.

3. When one of the parties evades state registration of the transfer of ownership of property, the court may, at the request of the other party, and in cases stipulated by Russian Federation legislation on enforcement proceedings, at the request of the judicial police officer-executor to make a decision on the state registration of transfer of ownership. A party unreasonably refusing state registration of transfer of ownership must compensate the other party for the losses caused by the delay of registration.

Article 552. The right to land in the sale of the building, structure, or other immovable property located on it

1. Contract of sale of buildings, structures or other real estate to the buyer simultaneously with the transfer of ownership of such property is transferred rights to the land occupied by such real estate and necessary for its use.

2. In the case where the seller is the owner of the land on which is selling the property, the buyer is transferred ownership of the land occupied by such real estate and necessary for its use, unless otherwise provided by law.

3. Sale of real estate located on land not owned by the seller on the property right, is permitted without the consent of the owner of this site, if not inconsistent with the terms of use of this site, established by law or contract.

Upon the sale of such property, the buyer acquires the right to use the relevant land on the same terms as the seller of the property.

Article 553. Lost power

Article 554. Defining the subject of the contract of sale of real estate

In the contract of sale of real estate must be given information that allows you to definitely establish real property subject to transfer to the buyer under the contract, including data defining the location of the property on the relevant land plot or other immovable property. In the absence of these data in the contract, the condition of the immovable property subject to the transfer, is not agreed upon by the parties and the respective contract is concluded.

Article 555. The price in the contract of sale of real estate

1. Contract of sale of real estate must provide the price of this property.

In the absence of the contract agreed to by the parties in writing of the conditions of the price agreement for its sale is not concluded. The rules for determining the price, provided by paragraph 3 of article 424 of this Code, shall not apply.

2. Unless otherwise provided by law or by the contract of sale of real estate, established in the price of buildings, structures or other real property located on the land plot, include the value passed with this immovable property of the respective part of the land or the rights to it.

3. In cases where the price of real estate in the contract of sale of real estate is installed per unit of its area or other indicator of its size, the total price of such real property, subject to payment, determined on the basis of the actual amount transferred to the buyer of real property.

Article 556. The transfer of real estate

1. The transfer of real estate by the seller and accepted by buyer shall be made by signed by the parties to the deed of assignment or other instrument of transfer.

Unless otherwise provided by law or contract, the seller’s obligation to convey the property to buyer shall be deemed executed upon delivery of the property to the buyer and signed by the parties of the relevant instrument of transfer.

the Evasion of one of the parties from signing the instrument of transfer of the property on the terms stipulated in the contract shall be deemed waiver by the seller from the obligation to transfer the property, and buyer — the duty to take property.

2. Acceptance by the buyer of the property that do not meet the terms of the contract of sale of real estate, including when such discrepancy specified in the instrument of transfer of the property, is not a reason to release the seller from liability for improper performance of the contract.

Article 557. Consequences of transfer of the property of inadequate quality

In the case of transfer by the seller to the buyer of real estate, not corresponding to the terms of the contract of sale of real estate on its quality, the rules of article 475 of this Code, except the provisions on the right of the buyer to require the replacement of the goods of improper quality goods corresponding to the contract.

Article 558. Features residential sale

1. An essential condition of the contract of sale of a dwelling house, apartment, part of a dwelling house or apartment, inhabited by individuals who, in accordance with the law the right to use the residential premises after its acquisition by the buyer, is a list of these persons with their rights to use selling living space.

2. The contract for the sale of residential houses, apartments, residential houses or apartments are subject to state registration and shall be considered concluded from the moment of such registration.

article Summary: real estate for sale

Source: the Civil code of the Russian Federation (part 2). Chapter 30. Purchase — sale, § 7. Real estate for sale

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