Frequent errors in real estate documents : what to look for in contracts of sale, hiring, donation , and wills
Before you sign and take for registration contracts of sale, rent, gift of an apartment or a will, you should read the document several times and check for errors. After all, some points that do not seem insignificant to a lawyer may lead to the recognition of the transaction as invalid.
Common errors in contracts for the purchase and sale of housing
Typos. If a typo or error is detected, for example, in the spelling of the buyer's name or address, the Rosreestr employee returns the documents for correction and re-submission. Worse, if each item is not read carefully enough, then the contract will be entered into the register with an error.
This is fraught with problems in the next housing transactions.
Technical inaccuracies, not clear enough description. For guaranteed recognition of the contract concluded, information about the real estate object must be specified specifically, with mandatory clarification of the individual cadastral number.
It is necessary to clarify that when splitting the payment into an advance and the principal amount, the apartment is not a pledge. If there is no point about this, the usrn will enter data on the new owner and that the subject of the transaction remains in the seller's pledge until the status is removed through a separate submission to the Federal register of securities on repayment of the pledge.
Typical mistakes in employment contracts
Incomplete description of the property, the condition of the apartment, things. Competent landlords draw up and sign a separate act of acceptance and transfer of housing for temporary use with the employer. It describes in detail household appliances, furniture, plumbing, and so on, indicating the state, manufacturers, and models.
The act can be checked in case of claims from any of the parties to the transaction.
Rent instead of hiring. Under the law, individuals do not have the right to enter into a lease agreement, any court will invalidate it. Therefore, when renting an apartment, a lease agreement is concluded between the landlord and the tenant.
Please note that under the law, the landlord can terminate a long-term contract only if there are no payments from the employer within six months, unless otherwise specified in the description of the parties ' obligations.
Not specified period of validity. Employment contracts without a specific expiration date are considered to be concluded for 5 years.
Frequently reported errors in wills and contracts of donation of the apartment
Post-mortem donation. Only a will or inheritance law can determine who the apartment will remain after the owner's death.
No court in the Russian Federation will recognize any donation agreements under which the housing will go to the donee after the death of the owner.
Clerical and typographical errors in the will. When an error or typo cannot be interpreted in two ways, the document remains valid in its entirety. But if, after the death of a person, serious inaccuracies are found in his will, for example, it is impossible to understand the addressee of the inheritance, then only the disputed points are recognized as invalid. In this case, the document will not lose its legal force.
Added: 11.03.2020
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