Apartment Sale and Purchase Agreement

This is a working sample of an apartment sale and purchase agreement between private individuals. For a specific transaction, fill in the address, area, payment method, marital status of the parties, the title deed details, and the extract from the State Register of Rights to Immovable Property.

Before signing, the notary usually checks the title deed, the current extract from the State Register of Rights to Immovable Property and Their Encumbrances, the technical passport, the parties' RNOCPP data, the absence of encumbrances, and, if required, a notarized consent of the other spouse.

The agreement is concluded in writing and notarized. If the apartment is jointly owned or if other persons are registered there, that should be resolved before the notary appointment, not afterward.

What to check before the notary

• the title deed for the apartment and the current extract from the State Register of Rights;
• the technical passport and the apartment's actual characteristics;
• passport or ID card, RNOCPP, and a power of attorney if someone acts through a representative;
• whether there is any arrest, mortgage, tax lien, servitude, or other encumbrance;
• whether other persons are registered in the apartment;
• whether the seller's or buyer's spouse consent is needed in the specific case.

Sample agreement

APARTMENT SALE AND PURCHASE AGREEMENT
Kyiv, "__" ____________ 20__

THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS FOLLOWS:

1. The Seller [full name, RNOCPP, passport details, address] sells, and the Buyer [full name, RNOCPP, passport details, address] buys the apartment located at [apartment address].
2. The Seller's ownership of the apartment is confirmed by [name of the title deed and details], and the information about ownership and any encumbrances has been checked in the State Register of Rights to Immovable Property on the date of notarization of this Agreement.
3. The apartment no. __ in building no. __ at [address] consists of __ rooms, has a total area of __ sq. m, a living area of __ sq. m, and auxiliary premises [list] according to the technical passport and title documents.
4. The sale price of the apartment is UAH __.
5. Payment between the Parties is made by [cash / non-cash / bank transfer / another method] agreed by the Parties and permitted by law on the date of notarization of this Agreement.
6. The transfer of the apartment and the keys is formalized by a handover act signed by the Parties on the day of notarization of this Agreement or on another date they agree.
7. The Seller states and warrants that, as of the date of signing this Agreement, the apartment has not been sold to anyone else, not gifted, not contributed to share capital, and not otherwise alienated; it is not in dispute; it is not subject to arrest, mortgage, tax lien, or any other encumbrance; it is not burdened by third-party rights; it is not the subject of an inheritance agreement; and it has no hidden defects known to the Seller and not disclosed to the Buyer.
8. If the apartment is the joint marital property of the Seller and the spouse, a notarized consent of the other spouse is attached to this Agreement.
9. If other persons are registered in or have a right of use to the apartment, this is reflected in separate documents submitted to the notary.
10. The Buyer confirms that the apartment has been inspected, the condition of the property is known, and there are no claims regarding visible defects at the time of signing this Agreement.
11. The Buyer's ownership of the apartment arises from the date the ownership right is registered in the State Register of Rights to Immovable Property.
12. If any statement or warranty of a Party proves to be untrue and leads to a dispute or to the invalidation of this Agreement, the guilty Party shall compensate the other Party for the actual losses, including the costs of notarization and state registration.
13. Taxes, fees, notarial costs, and state registration costs are paid in accordance with the legislation of Ukraine on the date of notarization of this Agreement and the Parties' agreement.
14. The Parties confirm that they understand the content of this Agreement, its legal consequences, act voluntarily, are not under duress, and are legally capable. The text of the Agreement is clear to them.
15. The Agreement is executed in three copies, one of which is kept in the notary's file, and the others are issued to the Parties.

SIGNATURES OF THE PARTIES

[Seller's signature]

[Buyer's signature]

NOTARIAL CERTIFICATION

This Agreement is certified by me, [notary full name], private notary of [notarial district]. The identity of the Parties has been established, their capacity and authority have been checked, the documents have been reviewed, and the Agreement has been signed in my presence.

This sample is filled in for a specific apartment, real documents, payment method, and actual encumbrances on the transaction date.