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Home > Investor's guide > Legal Adviser > Contracts & agreements
Legal Regulations Contracts & agreements

Contracts & agreements

REAL ESTATE SALE-PURCHASE
PRELIMINARY AGREEMENT

On this …… 2008 in the town of …….. by and between :
1/ ……………………PIN …………. and passport N ……………. issued on by the police station in the town of…., a citizen of …………………….. with a permanent residence in town of …….with address registration ………………………………………………..
……………………PIN …………. and passport N ……………. issued on by the police station in the town of…., a citizen of Republic of Bulgaria with a permanent residence in town of …….with address registration ………………………………………………
hereinafter referred to as  VENDOR on one part and
2/ ……………………………… PIN……………… and passport N …………………… issued on ………… by the police station in the town of …………., …………… with a permanent residence in ………………………. with address registration ……………………………… hereinafter referred to as the PURCHASER, on the other, the present agreement was concluded whereby:
A: SUBJECT OF THE AGREEMENT
Art.1 The VENDOR undertake to sell to the PURCHASER the estate described below namely ………………………………………………………………………………………………………….Located in ……………………………………………….
…………………………………………………………..
The VENDOR owns the property on the basis of the following ownership documents:…………………………………………………………………………………………….
…………………………Appendix 1./
B : TERM AND PRICE OF THE AGREEMENT
Art.2. On transferring the ownership of the estate described above the PURCHASER shall pay to the VENDOR the purchasing price of …………………… …………………………………………………………… a deposit of contracted sum of………………………..  ………………………………………………………… the PURCHASER shall pay to the VENDOR on signing the present contract, the balance of the price of  ……………………………………………………………..shall be paid on certifying the deal at the notary’s office.

Art.3. The parties of the contract shall present on ……...........…….. at .…………….. a.m. at the office of
……...……………………………………………… notary located in the town of …….…………………for notarial certifying of the deal if till this date the latter is not notarially certified. Both parties agree that all messages sent to the addresses written above shall be considered as received.

Art.4. Expenses on the formalities, relating to the transaction, at the notary’s office – local tax, notary fees and registration fee would be paid at the expense of the PURCHASER.

C. RIGHTS AND OBLIGATIONS OF THE SELLER
Art.5. The VENDOR declares in the presence of the PURCHASER that on signing of the present contract the real estate is not burdened with any interdicts as previous sale, renting contract, mortgage, claim pretensions and actions at law and other and also that there is no other preliminary contract for selling the estate to another person, The presence of one of the above mentioned is a prerequisite for dissolving the contract at VENDOR’ S fault and reimbursing the received deposit in double amount.

Art.6. If the VENDOR refuses the certification of the deal at the notary’ s office he gives back the received money in double amount.
Art.7. From the moment of signing the present contract till the notarial certification of the selling the VENDOR does not have the right to change at no way judicial and factual state of the property and if such a change happens he is obligated immediately to inform for this the BUYER in writing and to reimburse back all given money in double amount.

Art.8. The VENDOR is obligated to convey the BUYER the ownership of the estate at the notarial certification of the deal after the final payment of the contracted price. The VENDOR is obligated to transfer the ownership of the property the BUYER with all the utility expenses paid and at the state in which the BUYER saw the property.

Art.9.   The VENDOR is obliged at the signing of the present contract to give a copy of all the needed for the notarially certification of the deal documents of the estate which he possesses to the mediator or the lawyer of the deal.

D. RIGHTS AND OBLIGATIONS OF THE PURCHASER
Art. 10. The PURCHASER declares that in advance he has known and seen the estate, subject of the deal and he has inspected it and all documents carefully.
Art. 11. The PURCHASER shall pay the purchasing price of the property as contracted in art. 2 amount, conditions and terms.

Art. 12. If the PURCHASER refuses the notarial certification of the deal he loses the given already money for the deal.


E. MISCELLANEOUS DECREES

Art. 13. The signing of the present contract is considered as a receipt by the VENDOR with which the latter confirms that he received the paid money by the buyer pointed at art.2 of the contract counted up to ………..............………………………………………..
Art. 14. The present contract is considered as a preliminary   one in the meaning of art.19 of the Obligation and Contract Law and each party could require its declaring as a final one after he has fulfilled the written obligations of the contract. The party that did not implement their obligations doesn’t have the right to dissolve the contract one-sided even if he refuses or gives back the received money.
Art. 15. If during the notarial certification of the deal the VENDOR gives false documents or that of untruly content with which he hide the already agreed sale, exchange, mortgage, burdening with interdics, mortgages or entering into another preliminary contract.The VENDOR owes the BUYER money in double amount of the all received till the moment money.

Art. 16. Till the notarial certification of the deal the VENDOR shall to provide: …………………………………………………………………………………………………………………………………………………………………………………………………………
Art.17. Of PURCHASER’S will expressed in writing to the VENDOR the latter is obliged to convey the ownership of the property to other third Bulgarian physical or judicial party. In this case the contract parties accept their obligations and rights of the present contract proceed automatically as obligations and rights between the third party and the VENDOR.


Art. 18. If there are not included matters in the present contract the common laws of the Republic of Bulgaria are applied.

The contract is made in three identical copies one for each of the sides of the contract and one for the mediator of the deal and the copies of the documents described in   art.1 are inseparable part of it.

PARTES OF THE CONTRACT

VENDOR: 1/…………………. ………….
                 
                   2/………………………………


PURCHASER: 1/…………. ………….