I am going to buy an apartment and have already agreed with the seller on all the conditions of the purchase. However, the seller does not have a complete set of documents necessary for the sale of the apartment. I also need time to gather a sufficient amount of money, since I plan to take out a loan from the bank to buy the apartment. How can the seller and I formalize our intention to conclude a contract? I've heard that this can be done with a notary.

Svetlana Kiseleva, the head of notary office No. 2, explains:

In order for all agreements to remain in force, it is advisable to formalize them in a preliminary contract for the sale of the apartment. Such a document describes the conditions of the future contract for the sale of the apartment (part 1 of article 399 of the Civil Code of the Republic of Belarus), which allows the parties to secure their rights and obligations in case it is not possible to conclude the deal in the near future. For example, you cannot conclude a sales contract immediately when viewing the apartment (you need to go get the money, take your passport, etc.), but you are afraid of missing a good option; or the seller does not have a complete set of documents necessary for the sale of the apartment, and time is required to collect them (for example, it is necessary to obtain a certificate of state registration for the apartment, a certificate of inheritance rights, etc.); or the buyer needs time to gather a sufficient amount of money (for example, to take out a loan from the bank).

The preliminary contract specifies the period within which the parties undertake to conclude the main contract, and a deposit or advance payment may also be provided for. At the same time, it is possible to refuse to conclude the future contract only by mutual agreement of the parties.

I draw your attention to the fact that if you change your mind about concluding a sales contract, you may be forced to conclude it in court and compensate for losses (part 4 of article 415 of the Civil Code). In this case, the court can force the party that is evading the contract to conclude the main contract only on the terms that were previously specified in the preliminary contract.

I note that the preliminary contract does not require mandatory notarization, but it is recommended to have it notarized, which will allow the notary to correctly draft the preliminary contract for the sale of the apartment, explain the rights and obligations of the parties, the content and legal consequences of the transaction.

The photo from open sources is used for illustration purposes.

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