In the life of any car owner always comes the moment when it is necessary to part with its "iron friend" . Currently, the law provides for many of the most diverse ways to sell their cars. The most popular is the writing of the DKP. We will try to figure out what it is, as well as how to make it correctly. Once upon a time the sale of the car was long, and accordingly, the painful process. After all, for this it was necessary to go to the traffic police, as well as stand in long queues together with the buyer to arrange all the necessary documents. The people and authorities themselves were looking for a way to simplify this process, and then invented the general power of attorney, which fully passed the right to own the car for a period of three years. Thus, the next owner could drive a car for three years without worrying about anything. In addition, this document gives the right to sell a car, but the difficulties occurred when issuing. The new owner had to go through many legal difficulties, as well as paper rolls to arrange cars. Therefore, a completely new document came to replace the general power of attorney - this is a contract of sale. DKP appeared, approximately, in 2013, and then became a real find for dealers. This document confirms the right to own the car, and also allows you to do anything with him anything. In addition, he permits to move on the car without insurance, but all this for a limited period (ten days). The DCP acts only 10 days, during this time you need to get inspection as soon as possible, issue an insurance policy, and then go to the traffic police for renewal. The contract of sale frees the seller from further participation in the design of the car and greatly simplifies this process. . To do this, just get money for the car and put your signature in a special column. Thus, the procedure is noticeably simplified, and the time to reissuate the car is needed much less. Advantages of DKP: Disadvantages of DKP: Most often, it is made as a blank on the printer and then fill in the usual ballpoint handle. It must necessarily contain all the passport details of the car owner, as well as the new owner, all the information specified in the TCP on the car, the CTC number, type and power of the engine. At the end of the contract, the exact amount and confirmation of the transaction should be indicated. You can confirm this transaction by putting your signature and date. At the top of the contract, the city and the date is defined. It is not necessary to stick to some guests when designing. It is enough to make all the necessary data and point out that there is a DCT between the seller and the buyer, which implies the transfer of the seller's transport to the ownership of the buyer, naturally after transferring money. To make it more convenient for you, we have created a sample of such a contract for you, which can be safely used when selling a car. Download
DKP - what it is
How can you sell a car
How to issue a DKP.
Video on the topic
In the life of any car owner always comes the moment when it is necessary to part with its "iron friend" . Currently, the law provides for many of the most diverse ways to sell their cars. The most popular is the writing of the DKP. We will try to figure out what it is, as well as how to make it correctly.
Once upon a time the sale of the car was long, and accordingly, the painful process. After all, for this it was necessary to go to the traffic police, as well as stand in long queues together with the buyer to arrange all the necessary documents. The people and authorities themselves were looking for a way to simplify this process, and then invented the general power of attorney, which fully passed the right to own the car for a period of three years.
Thus, the next owner could drive a car for three years without worrying about anything. In addition, this document gives the right to sell a car, but the difficulties occurred when issuing. The new owner had to go through many legal difficulties, as well as paper rolls to arrange cars. Therefore, a completely new document came to replace the general power of attorney - this is a contract of sale.
DKP appeared, approximately, in 2013, and then became a real find for dealers. This document confirms the right to own the car, and also allows you to do anything with him anything. In addition, he permits to move on the car without insurance, but all this for a limited period (ten days). The DCP acts only 10 days, during this time you need to get inspection as soon as possible, issue an insurance policy, and then go to the traffic police for renewal.
The contract of sale frees the seller from further participation in the design of the car and greatly simplifies this process. . To do this, just get money for the car and put your signature in a special column. Thus, the procedure is noticeably simplified, and the time to reissuate the car is needed much less.
Advantages of DKP:
Disadvantages of DKP:
Most often, it is made as a blank on the printer and then fill in the usual ballpoint handle. It must necessarily contain all the passport details of the car owner, as well as the new owner, all the information specified in the TCP on the car, the CTC number, type and power of the engine. At the end of the contract, the exact amount and confirmation of the transaction should be indicated. You can confirm this transaction by putting your signature and date. At the top of the contract, the city and the date is defined.
It is not necessary to stick to some guests when designing. It is enough to make all the necessary data and point out that there is a DCT between the seller and the buyer, which implies the transfer of the seller's transport to the ownership of the buyer, naturally after transferring money.
To make it more convenient for you, we have created a sample of such a contract for you, which can be safely used when selling a car.
If, when buying an apartment in a house under construction between the developer and the buyer, the contract of equity participation (DDU) is issued, then when purchasing housing on a secondary or in the finished new building, it is necessary to conclude a contract of sale (DCP).
What is a real estate purchase agreement when needed and how to properly compose?
What is a sale contract? When is it needed and how to make it?
What is a DKP?
Purchase and sale agreement (DKP) - Legal agreement that the seller will give the buyer the right to a certain thing, which is the subject under the contract for payment in the agreed amount and on the specified conditions.
Real Estate DKP is required under the purchase and sale of housing, which was previously registered ownership. It may be an apartment in the secondary market, as well as housing in the new building, which the developer has already passed into operation. Similarly, the DCP is drawn up under transactions with land, buildings, structures, etc. The seller / buyer on DCP can act as a physical and legal entity.
Features of DKP under real estate transactions
The contract of sale is a broad concept, moreover such agreements can be both oral and written. We conclude DKP daily, for example, making purchases in the store or on the market.
A feature of the DCC under real estate transactions is what an agreement is necessarily issued in writing. No exceptions. Only on the basis of the document signed by the parties, Rosreestr will register the transfer of ownership of the seller to the buyer.
The transaction on the DCC takes part at least two sides. But additionally, trusted persons who represent some of the interests may be included.
Buy apartment on DKP is possible both at the individual and the company
Do notaries need in real estate DKP transactions?
According to current legislation, there are a number of real estate transactions in which the notary certificate is required. In all other cases, a fairly simple agreement signed by the parties.
The main types of real estate transactions, in which the participation of the notary is necessary:
- If the DKP is bought / for sale in an apartment or house (part 1 of article 42 of the Federal Law "On State Registration of Real Estate"),
- If the apartment of your child or a person who is under your guardianship (part 2 of Article 54 of the Federal Real Estate Registration ") is bought / for sale
- In the case of buying / selling an apartment, subject to life payments for maintenance - rent (Art. 584 of the Civil Code of the Russian Federation).
In the overwhelming majority of other real estate transactions, it is necessary only to comply with the requirements of the Civil Code, namely:
- specify the parties on the DKP,
- indicate the subject of the contract,
- the cost and order of payment from the buyer to the seller,
- Register the conditions for the transfer of the subject of the contract.
How to make an apartment purchase and sale agreement?
DKP Apartments are a document on a transaction for a large amount. If there are doubts about the correctness of the compilation of the contract, it is better to consult with a lawyer.
Developers selling their apartments in finished DKP houses already have ready-made patterns for which real estate is implemented. Also, if you buy an apartment under the contract of sale in a mortgage, an agreement with the seller will be checked by authorized services of the creditor bank. But carefully read with all the terms of the DCC stands in any case.
Pay attention to the following main items of DKP on the apartment:
- Parties on DKP . The owner of real estate rights and the buyer to whom these rights are transferred must be indicated;
- subject of the contract . It is necessary to indicate the full address of the property, type (apartment), size (total apartment area), cadastral number;
- Apartment price . The cost of the object is a mandatory PCC. The price of the apartment is indicated in Russian rubles;
- Financing of the transaction . The agreement indicates the source of the financing of the transaction from the Buyer - own funds or mortgages;
- Order and terms of payment . Payment for the purchase and sale of the apartment can be carried out differently, for example, through an advance or deposit. The contract shall indicate dates, deadlines and conditions for the transfer of funds, as well as the method of calculations - non-cash translation, through a bank cell, letter of credit, etc.
Real estate rights are transferred not after signing DKP, but only after registering the contract
The signing of the DCP on the apartment does not mean the transfer of rights to it. The transfer of property rights occurs only after registering a deal in Rosreestre.
DKP is what? How decodes this abbreviation? This term is found in the literature, which is related to jurisprudence. As a rule, it is consumed by professionals in this area, which are related to contracts. So what is a DKP? This will be told in the article.
Regulation by the Civil Code
DKP - what is it? This abbreviation is decoded as follows: "contract of sale". The conditions for its conclusion and execution are governed by the Civil Code.
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The essence of this wording in this legislative act is that the two sides of this contract, one of which is the seller, and the second is the buyer, they assume the relevant obligations. The duties of the first of these Parties include the transmission to the opposite side of any thing or a certain number of things that can be designated as "products" or "product".
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The term "products" will appear if the seller is both the manufacturer. Then this contract (as a type of contract of sale) will be called "delivery agreement". In form, it is similar to DCP. If the supplier is not a manufacturer, then there will be no product in the contract, but about the product.
The second side, which acts as a buyer, also assumes obligations. They are to take products or goods and pay for it in accordance with the amount specified by the parties within the specified time.
General and special rules
Considering the question that it is a DCC, it should be said that its general rules that are provided for by the Civil Code relate to the purchase and sale of currency and securities. These provisions will be applied if there are no special instructions on the rules for their implementation and acquisition.
And also there are cases where Russian legislation provides for the features related to the purchase and sale of certain types of goods that define specific laws and other acts. As for property rights, the general provisions on DCC are also applicable to them, unless, of course, the nature of these rights or their content do not provide for otherwise.
Separate varieties of contract
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There are certain types of the contract under consideration. We are talking:
- about retail sale;
- supply of goods;
- supply of goods for the state;
- power supply;
- sale of real estate;
- selling enterprises.
If the rules of the Civil Code are not provided otherwise, then all these species general provisions on DCC are also applied.
This is understood by that, in connection with which, in fact, an agreement is concluded, the rights and obligations arise. In this case, this is a product or products. As an item can be the most diverse property, except that the civil turnover is seized.
Traditional, most common DKP object is things. Which of them can be a commodity? Almost any: both movable, and immovable, and consumed, and no, and divisible, and indivisible. And also those defined by individual features or generics.
The only exception from the list of goods that can be sold is money. But this rule does not concern foreign currency that it is allowed to buy and sell. In the overwhelming majority of cases, the subject of the contract is such things that the seller at the time of their implementation is at the same time their owner.
Parties to the Treaty
In continuation of the consideration of the question that it is a DCT, it should be said about his parties.
The seller is the person who assumes the obligation to transfer things (Products) to the Buyer to Property.
The buyer is the person who becomes obliged not only to become the owner of the goods, but also pay for him in advance by the amounts of money in advance.
The contract of sale, it is determined by the subject participating in it by the parties, as well as the price.
If the subject of DKP is real estate or enterprise, it is necessary to compile it in writing and certainly conduct state registration. Mandatory written form is also for foreign trade agreements.
When it comes to contracts concerning movable things, only those that are involved in the participation of legal entities should be written. And those whose price is higher than the Mrots ten times. At the same time, if such transactions are executed and performed simultaneously, the written form is not mandatory. An example is retail sale and sale.
Next, we consider one of the common types of sales contracts - car DCP.
According to DCP auto, his owner assumes the obligation to transfer it to the buyer to the property. And he undertakes to accept it and pay its cost.
Such an agreement is in writing, but it is not necessary to draw up at the notary. The fact that the transfer of vehicles from the seller to the buyer has already occurred, is fixed by signing the act of reception.
Documents required for the design of the car DKP
To properly arrange such a contract, you need to have a number of documents with yourself:
- The passport of the vehicle in which the mark should be about the fact that the traffic police removed it from accounting.
- Passport seller and buyer.
- When the seller and the owner is not the same face, he needs a power of attorney issued by the owner of the transport, so that he can make a car sale deal.
- If the buyer does not intend to acquire a vehicle with a vehicle, he should also take care of the attorney on its purchase from the person who will become the new owner.
- In the case of the conclusion of the Agreement on behalf of the Yurlitz, the employee who carries out the transaction is obliged to get a power of attorney from the company for the purchase or sale of a vehicle, as well as take a passport with him and printing an organization for stating it in the contract.
Next will be described about the information that must be mandatory in the contract of sale of the car.
Data made in the contract
The DCP car is compiled in three copies. One for the seller and the buyer, and one for presentation in the traffic police. The contract should reflect information about the vehicle at the maximum.
Consider in more detail how to fill the DCP form of a car taken by the sample. It is shown below. This is an agreement where the seller is an individual, and the buyer is a legal:
- On the left above is the name of the city, another settlement, where the contract is signed.
- On the right is the date of purchase and sale of the car.
- Further - the name of the owner of the car.
- Data of his passport.
- Place of residence.
- The name of the Journey - the acquirer of transport.
- FULL NAME, who is entrusted to buying a car.
- Passport data.
- Details of attorney.
- The most complete data on the car. They are taken from the PTS.
- The cost of the subject of sale, which is affixed with both figures and in words.
- Marker on obtaining money and car transmission. There must be signatures of the parties, the date. And if a participant in the contract is a legal entity, it is stamped.
Next, consider some nuances that arise when signing the DCC car.
There are cases when the cost of the vehicle is paid by the seller to the buyer not fully or generally postponed at another time. In such a situation, it is necessary to make a special reservation in the agreement. It may be days, months, weeks.
You should also pay attention to the instructions in the DCT data on those subjects that are transmitted along with the car. For example, it can be:
- Documents for additional equipment in the form of alarm, radio, columns;
- Documents for the car;
- Additional things (winter tires, fire extinguisher, jack, spare parts).
____________________________ (FULL NAME)
"____" _____________________20 __
MP (for jur. Persons)
I received money
______________________ (FULL NAME
"____" ____________20 __
MP (for jur. Persons)
The above is a car DCP form, which will help make it correctly, and the version of the transfer of money. Information about the reception of the car and cash can be either included in it or decorated in a separate act.
The contract of sale (DKP) is a special form of a document, assuring the seller's relationship and the buyer in writing. It is clearly indicated by all the conditions and nuances of the transaction for the purchase / sale of movable or real estate. The Civil Code does not oblige him to conclude in writing.
On our site we have collected the most popular forms and samples of contracts. You can download them completely free. Electronic interactive blanks are also available to you, in which the sale contract can be fill and print directly in mode. "Online".
Download (Fill) the following DCP varieties on our website:
What is a DKP, that it contains
In the DCP, all the time frame must be spelled out, the cost of the subject, the human data of the selling and the buying subject of the transaction. Also compulsory signatures of the parties, without which the contract of sale will not be considered valid. The form is regulated Art. 454 of the Civil Code of the Russian Federation.
At the time of signing the contract, the part of the transaction takes on a number of obligations, well-prescribed in the contract, the main thing from which is the transfer of the rights of ownership for the contract in exchange for money, the remaining items only complement it.
An example (sample) of the completed form of a vehicle purchase and sale agreement.
Sample type DKP (any product)
Each contract of sale can slightly or significantly differ from the DCP of the same type, since the transaction conditions in each case are unique. There are typical samples and forms, but even they are better to "redo themselves", adding or changing key transaction parameters.
The DKP is tightened until the buyer will not give money, and the seller will not receive them and will not give the "product". Separately, it is indicated (or not), what exactly the seller must pass the "product". If this did not happen - it comes.
Vehicle purchase agreement
The most popular variety of DKP. On the main page there is a service for filling the following varnators of the TC sales contract:
Contract of sale of an apartment
There are many nuances when drawing up a DCP apartments, depending on the situation, a special sample will be needed (form). Here are examples of typical:
In addition to directly the contract, a lot of other documents and extracts are also required, such as an act of receiving and transmission. Detailed instructions and all forms on this page.
Land sales contract
Detailed article Instructions with all bookcases and services on the online filling of the PCT site - on this page.
The most type samples and blanks:
Be sure to contain a number of information:
- Date and place of document signing.
- Information about the seller and the buyer (full name, passport, registration and accommodation, legal entity - details, and information about the representative).
- Characteristics of land and house (if available). Specifies the cadastral number, location, sizes, and so on.
- The price of the transaction (the cost of the site, details to enroll money, methods for transferring funds).
- Data on finding land put on the burden.
- The rights and obligations of the parties to the transaction.
- Other information.
- Details of the parties of the transaction (citizens and legal entities).
Today you buy bread or water, tomorrow we sell the winter down jacket, and the day after tomorrow we are looking for a bike for summer walks.
All this is due to the contract of sale.
In this article we will talk about the legal side of the issue - that is, what is the purchase and sale from the point of view of the law. There will be practical examples here, but the task of the article is to give you a general understanding of this concept.
What is a contract of sale
This agreement between the two parties that one of them is the seller will give the other party to the buyer - a certain thing when he receives payment for it. The agreement may be written, but in some cases it may be oral.
The purchase and sale agreement is needed to confirm the transfer of ownership of goods from the seller to the buyer. Another treaty will be useful if you sold the poor-quality goods and you want to exchange it or return your money.
If your product is from a special category, such as a car, then the contract of sale will be asked to show when registering the car in Traffic police To make sure that you bought it honestly. Without registration, you will not be able to legally use the car.
Parties to the Treaty
The Civil Code makes a minimum of requirements for the parties under the contract of sale. The main requirement: the seller must be the owner of the goods or have other rights that allow him to transfer the goods to the buyer.
The contract of sale can make citizens among themselves, and a citizen with the company, and two companies. It differs only the amount of responsibility and whether the law "On the Protection of Consumer Rights" will work. We will talk about the general rules for the conclusion of the contract of sale and the norms that protect citizens.
Shape of the contract of sale
The law does not oblige you to conclude a contract of sale in writing. This means that even when you buy a kilogram of cucumbers in the market, without signing any contracts, the sale and sale occurs, and your relationship with the seller still obey the general rules.
There are three exceptional cases when the Civil Code insists that you make a contract of sale in writing:
- Two citizen RF Buy / sell something more expensive than 10 thousand rubles - art. 161. Civil Code ;
- Your counterpartier is a legal entity - Art. 161. Civil Code ;
- You sell or buy real estate - apartment, room, land plot, country house and other - art. 550. Civil Code .
If you do not and do not sign a contract in the first two cases, it will still act. But if something happens, you will not be able to call witnesses in court to confirm the existence of this contract.
If you sell or buy real estate, purchase and sale contract must be configured in writing. Otherwise, the contract is recognized as invalid, and the apartment or house is not your property.
Register the contract itself is not even necessary even when buying an apartment. Registration is needed only when changing the owner. Notary for sales contract in most cases is not required, but there are exceptions.
Notary need if you sell or buy property in such situations:
- This is a fraction in an apartment or house - part 1 Art. 42. FZ. "On state registration of real estate";
- This is the apartment of your child or a person you are working on the guard, - part 2 art. 54. FZ. "On state registration of real estate";
- This is an apartment, but you sell it not just so, but with the condition that you will be paid to pay the funds for your content - Renta, - Art. 584. Civil Code .
Contents of the contract of sale
The main thing and the only one, about which the seller and the buyer should agree in advance - this is the goods. If they did not decide that it was and in what quantity will be the subject of the transaction, then there is no contract. The goods must be exactly the same as the parties agree. Another product must be qualitative.
It is the one who agreed. If Galya promised to sell Christine "Christian Labuthen" shoes from genuine leather, size 37, shade of Nude 6248 and must with the inscription Pigalle 120 Patent Kauf, then the shoes "Gucci" 38th Size and without inscription will not fit.
Range. If Christina expected several different pairs of shoes, Galya should sell them in accurately according to Christina expectations. If Galya deceived Christina's waiting, the latter may generally refuse to accept the goods or ask for the replacement of unsuitable shoes. Such right to her gives Article 468 of the Civil Code.
Number. If there are several commodity units, anyone must be able to count them. It is impossible to negotiate the number of goods in incomprehensible measurement systems.
Quality. Either you are discussing the quality of the goods separately, or the seller transmits you a product suitable for the purposes that you have declared when concluding the contract. For example, if Christina and Galya negotiated shoes, Galya cannot sell Christine shoes with a broken heel, in which it is impossible to walk.
The seller may try to sell a poor-quality product, warning the buyer in advance about this. For example, to say: "Galya, these shoes are bumping heels, I'll throw ten thousand for him." So it is possible.
But if the seller did not warn, and the buyer did not notice the trick, then, according to Art. 475. Civil Code , the buyer can:
- demand to reduce the price commensurate the lack of goods;
- demand to repair the goods, if possible;
- Repair the goods at your own expense, and then come to the seller with a check for the repair and demand complete compensation.
If the goods are so bad that it is definitely not possible to use it for destination, then the buyer can either require back money, or replace the goods to a similar, but already qualitative.
You can prevent all these claims to the seller, even if before this was signed by the act of lack of deficiencies in the product, and found them later.
What else should you agree
Ask how many owners in the goods, That is, there is no product Some Other owners, except for the seller, are not imposed on this product some restrictions or encumbrances. Although, if the truth about their quantity opens later, the Civil Code permits you to abandon the contract at all or require price reduction. But we recommend checking the encumbrances immediately.
Check documents. When you get the goods, be sure to check whether all instructions, technical passports and quality certificates are in place. Transfer them to you along with the goods - the obligation of the seller, even if it sells you nonsense shoes (paragraph 2 of Art. 456 Civil Code ).
If you do not need these documents, you can tell the seller directly. But if in the future there will be problems with the goods, exchange it or return money without a technical passport and certificates will be more difficult than with them.
Agree, who delivers goods and how. From this depends on the moment of risk of random death or damage to the goods.
Suppose Masha decided to buy a vacuum cleaner. She went to the site of a large store of household appliances and chose a manual vacuum cleaner "Dyson" for 19,990 rubles. The site suggested Masha two delivery options: pickup from a retail store and delivery by courier. When will the vacuum cleaner be legally owned by Masha?
Pickup. If Masha chooses a pickup, then it is formally responsible for the vacuum cleaner from the moment of receiving SMS or letters from the seller that the goods can be taken from the store. In fact, Masha will be the owner of the vacuum cleaner since its receipt on the rack of the issue. The store delivers the vacuum cleaner on the rack, and Masha sends a notification. From this point on, it is believed that the store fulfilled its obligations. The longer Masha pulls with the receipt of the goods, the more she risks that with her vacuum cleaner, something will not happen by the fault of the store.
Courier delivery. If Masha chose the delivery by the courier, the store will fulfill its duties only when the courier will hand over the goods personally to Masha in her hands at home, at work or in another place of the meeting. If the courier scratches the vacuum cleaner on the road or drops it to the puddle, then the store is responsible for damage.
The vacuum cleaner falls under the car liability only after she took him into hand. If Masha after this drops and breaks the vacuum cleaner, then she herself is to blame.
Third-party delivery. The store handed over the vacuum cleaner in the delivery of a third-party organization, whose services decided to use Masha. In this case, the store ceases to be responsible for damage from the moment the product will give the product to the representative of the third-party service.
If something happened to the goods, Masha risks, but it can make complaints by the courier service. The Moscow City Court in definition in case No. 33-3461 on the recovery of the value of the improved goods from the seller admitted that the seller ceases to be responsible for the goods when he gives it to the courier. The goods left the store, whole and in full configuration - the seller stopped carrying the risk of random death. If the goods died on the road, for example, as a result DTP , the store is not obliged to refund your cost.
How to pay for goods
You can pay for the goods as you like, but you need to discuss the payment method in advance.
The buyer usually transmits money directly before or after sending it to him. If you did not agree on installments, and then suddenly she wanted, the seller can legally refuse you and demand to pay the whole amount immediately.
If you refuse to pay when we agreed, or take the goods, but do not rush with payment, is the non-fulfillment of responsibilities under the sale contract. For this, the seller has the right to demand the entire amount of goods with interest.
It works on the contrary: if you have a condition about a delay or installment of payment, then by default the seller cannot make you pay ahead of time. But there may be special conditions in the contract that will allow the seller to do this, for example, if you delay the next installment payment.
How to issue a sale agreement
There is no strict mandatory form of the contract of sale, you can make it in free form. Remember all the items that we described in the article: what product, how much, for how much when, who and how delivers.
Regarding the contract of sale can be at home, in a cafe, on the street, in the park - anywhere. You can go to the notary, but no one forces you, even the law.
If something has changed in your relationship with a counterparty, you can either conclude a new contract - that is, to re-refline it, or sign an additional agreement to the old.
We accounted for an approximate sample contract of sale on the example of the shoes.
How to register purchase and sale contract
The contract of sale is not necessary to register.
But if you buy a car or apartment, the state demands from you to register the transfer of ownership of the goods. For this, it is necessary to compile a contract in writing in three copies - for the buyer, the seller and the registering authority.
How to terminate the purchase and sale agreement
Method 1. Another side is not against termination, and you simply negotiate that buying and selling will not take place. Did not take place - and did not take place, so it is possible.
Method 2. Another side against termination, but the circumstances in which you have concluded a contract changed significantly. In this case, the other party may require compensate for losses, since it was counting on the execution of the contract. For example, a man ordered expensive sports skis, but while they were lucky, he damaged tendon, and the doctors said that he could not ride. Then skis cancel, but the cost of delivery is likely to compensate.
Because of the essential change of circumstances, you can terminate any contract, not only sales.
Method 3. If you are a seller, and your buyer has not accepted the goods, then you can demand the termination of the contract at any time. And if the buyer has accepted the goods, but does not pay for it, then boldly require and dissolve, and return the goods.
Method 4. If you are a buyer, and the seller handed you the incomplete set of goods, hopelessly spoiled goods, the goods are not in the assortment you asked, did not say that the goods own five more people, and refuses to correct your mistakes, "you can terminate the contract.
How many purchase and sale contract are valid
The contract is valid until the seller gives the goods, and the buyer will not pay it. When this happens, the contract is considered executed.
The agreement can include a condition for the transfer of goods by a certain period. After that, the contract of reality does not lose, but the seller comes a draw, if he suddenly did not pass the goods.
If you buy a product in the store
As soon as you cross the store threshold or start to fold the goods in the virtual basket, buying on the Internet, you are a consumer. It is fine, because you are prohibited by defense not only the Civil Code, but also a special law "On the protection of consumer rights". Important refinement: It acts only if you make purchases personally for yourself, and not, for example, for your auto parts store.
A seller working with consumers in the field of retail trade immediately appears several important duties.
Duty to issue a corner of the consumer And put the rules for the sale of certain types of goods, the book of reviews and suggestions, the law "On Consumer Rights Protection" and all information about your store.
Responsibility about informing. The consumer has the right to know everything about the product, and the seller is obliged to tell him everything that he should know. For violation of the obligation to inform - termination of the contract or damages.
Duty to sell goods at that price Which is written on the price tag. The seller cannot change the price in the transaction process, it cannot unexpectedly change their mind and sell more expensive.
Responsibility to sell everything that is located on the shop windows, If only the seller does not write specially on the product "Not for sale".
Responsibility Accept the goods to exchange and return According to Art. 18 and art. 25 of the law "On the Protection of Consumer Rights".
About how to return the purchase that broke out, we wrote before.
Do not abuse your consumer rights. Courts sometimes stand on the side of the sellers.
For example, a citizen of Khokhlov decided to suck the manufacturer of nuts for finding a hole in a pack of nuts in a pack. However, the judge of the Khoroshevsky District Court in decision on case No. 2-176 / 2011 decided that the manufacturer was not to blame and the mouse could not get into the packing with a fried hazelnut when packing. This means that the mouse strangled and threw it into an open pack with nuts. So Khokhlov indirectly recognized as a blackmailer and did not satisfy his demands.
- The main thing in the contract of sale is - accurately and clearly stipulate what product is about.
- A contract in writing is almost always possible not to conclude. But if you buy an apartment, a car or something very expensive, we recommend making up and sign a contract.
- The consumer is always right, but should never abuse its rights.