Tip 1: How to restore the contract of sale

Conclusion contract purchase and sale is a prerequisite for the sale of real estate.This document is governed by many laws.In particular, it must meet the requirements set out in Article 550, 421, 420, 549, 432, 554, 317, 555 of the Civil Code.In accordance with the law of the contract is the obligation of the parties to fulfill certain conditions and promises, but promises do not mean unconditional their performance, so the transaction is subject to mandatory state registration in the text of Article 131 of the Civil Code.If the document of agreement between buyer and seller of real estate is lost, to restore it is necessary to be guided by the law.
you need
  • - request to UFGRTS;
  • - apply to a notary;
  • - contact the BTI;
  • - In UFGRTSZKK.
Guide
1
immediate registration of transactions carried out in the Federal Registration Centre in accordance with the Federal Law 122-F3.This law came into force on January 31, 1998.Ownership of real estate arises from the moment of state registrati
on (Art. 8 of the Civil Code).In addition, it should take into account the fact that the Civil Code does not require notarization contract purchase and sale .These changes have taken place in a number of articles of the Civil Code that regulate the conclusion of this document and entered into force on 1 January 1996.
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Based on all the above laws, we can make a final conclusion on the fact that the contract of sale purchase not valid without state registration of property rights.When this procedure is all original documents that are in the transaction and copies of remaining in regtsentre as a confirmation of the transaction, as well as giving grounds for registration certificate of ownership.
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Therefore, if the agreement of purchase and sale was concluded before 1 January 1996, then restore it very easy.To do this, make a request to the notary office, which consisted of the document, pay $ 100 and get a duplicate of the contract .In addition to the 31 January 1991 agreement purchase and sale was the only legal document confirming that the property is owned.
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If you want to restore the contract purchase and sale , concluded after 31 January 1996, there are two ways.The first - to apply to the notary's office, if the contract consisted notary and get a duplicate.Second - contact the Office of the Federal Registration Service, a statement and get a certified copy, if the contract was concluded in written form.
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If the agreement of purchase and sale concluded in the period 1 January 1996 to 31 January 1998, when the law came into force on contracts in writing, but not yet lawcompulsory state registration of property rights.In this case, lost the contract can only be restored by obtaining photocopies of the seller of real estate with updated signatures from both parties or to request information about the owner of the BTI.When prompted at the BTI can verify ownership of real estate, but did not get a duplicate or copy of the contract .The same applies to land.Verify ownership can apply to the Federal Chamber of land registration, cadastre and cartography, but to get a duplicate or copy of the contract impossible.
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That is why, in spite of the adopted amendments on the conclusion of the contract purchase and sale in writing, it is better to conclude it at the notary, which will allow at any time to obtain a duplicate.And besides all professional lawyer will ensure proper registration of the document and take into account all the paragraphs in which the transaction can be regarded as null and void in accordance with the Civil Code No. 2965, 3075, Chapter 24.

Tip 2: How torecover lost sales contract

contract of sale is made in a transaction with any kind of real estate.If you lose a document his recovery will not take much effort, if it was designed in a notary's office, but in the light of changes in the law from January 1, 1996 shall not necessarily need to register and certify the contract at the notary, therefore, recover a lost document would be much more difficult.
How to recover the lost sales contract
you need
  • - Application of a notary;
  • - Application of the BTI;
  • - a photocopy of the contract the seller;
  • - Application in FUGRTS.
Guide
1
If you have signed an agreement of purchase and sale for residential, non-residential property or land before January 1, 1996 and lost the document, refer to the notary office at the place of its registration.Send a request for a duplicate, pay the state fee for notary services.You will be given a duplicate for a few hours or days, it depends on how busy the notary at the time of treatment, and how much money you made for the provision of services.
2
If you have lost the document concluded after 1 January 1996, when the Civil Code made changes and simplify the transaction, allowing to conclude agreements in writing.But this time has not yet entered into force the Federal Law 122-F3 on compulsory state registration of ownership of real property by the Federal Office for the unified registration of property rights.This law came into force January 31, 1998.That is two years there was a simplified registration procedure, but it is nowhere recorded.Such a contract is the most difficult to restore.
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To restore, you have two ways - is to find a seller and remove its copy of the second copy, or contact the Bureau of Technical Inventory and request an extract of the property owner.BTI will not be able to give you a duplicate, but rather will be given a certificate confirming ownership of real estate.So, in fact, to restore a contract concluded in writing in the period from 1 January 1996 to 31 January 1998 The only way to obtain copies of the agreement with the seller.
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If you have lost the contract purchase and sale , concluded after 31 January 1998, it can restore it, by submitting a request to the FUGRTS.Upon registration of property rights all copies of documents, including an agreement purchase and sale , remained in the archives of the state registration center, so you can easily get a copy of paying the state fee for the provision of services.

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