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What is a preliminary sales contract, how to write it and what is its value?

Buying a house is a dream come true, but you need to pay close attention to every single step to ensure everything goes smoothly, that there are no unnecessary red tape, and that the property meets all the necessary requirements to meet your personal expectations for comfort, services, and convenience.
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Buying a house is a dream come true but you have to pay great attention to every single step to make sure that everything goes right, that there are no unnecessary bureaucratic delays and that the property has all the necessary requirements to satisfy your personal expectations in terms of comfort, services and practicality. Among these important steps, without a doubt, it is also necessary to mention the stipulation of the preliminary sale agreementBut what is it? It's a contract that essentially obliges the parties - and protects them in this sense - to a future sale. At the same time, however, it establishes: both the methods and the terms. This document is drawn up if problems arise that prevent the immediate sale of the property. Which ones? In the case in which you aim to sell a house first in order to have sufficient resources to make the new purchase or when you have to compare, for example, the 100% mortgage offers in such a way that get a loan and complete the purchase (the case study is in any case very broad).

Be careful not to confuse the preliminary purchase agreement and the purchase proposal

They should not be confused with the purchase proposal and the preliminary sales contract.

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The first is nothing more than the buyer's declaration of intent to purchase the property at a certain price and is generally accompanied by the payment of a sum of money, which the real estate agency retains and delivers as a deposit to the seller upon signature for acceptance and the latter is communicated to the proposer. In the meantime, the seller remains free to also evaluate other purchase proposals: until the seller signs, this document is binding only on the buyer and for a certain agreed period of time it is irrevocable. When the purchase proposal it is signed by both the buyer and the seller, then it turns into automatic in a preliminary contract (which must be drawn up in written form in the form of a public deed or private agreement).

What information is contained in the preliminary sales agreement?

There are many aspects to focus on in relation to the preliminary sales contract, above all it is necessary to understand that what should be written inside it. In addition to the price, the information relating to the property to be purchased must specify the address and provide a minimum description with the cadastral details. This information must always be present in this document, under penalty of its nullity. First of all, it must be ascertained that the legitimate owner of the property coincides with the person who will then sign the preliminary contract itself. Checks also concern the origin of the property, how the seller became the owner and why he can dispose of it. It must also be verified that on the property are not burdened by mortgages, easements and other rights that can be exercised on the property. It is also necessary to focus on the presence of a regular building permit as well as any pardon requests or amnesty in progress. If the house is inside a condominium, it would be a good idea to check and deliver a copy of the relevant document to the buyer regulation and also check if there are active assembly resolutions. The data relating to the energy performance: both the index and the energy class of belonging must be specified in the preliminary purchase and sale agreement. Finally, there will be the transcription of the preliminary purchase agreement. What does it consist of? It involves the insertion of the document itself in the public real estate registers within the terms established by law. It must be the notary who receives or authenticates the preliminary to carry out the transcription within 30 days of the stipulation. An operation that, to avoid running unnecessary risks, is however best to carry out as soon as possible.

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Article published on September 26, 2021 - 10:13 PM - Erminia Iuliano
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