Sale and Purchase Agreement for a Share of an Apartment Subject to a Mortgage

This is a working sample of a sale and purchase agreement for a 1/2 share of an apartment that is subject to a mortgage. For a specific transaction, the notary should check the mortgage agreement, the mortgagee's written consent, the current extract from the State Register of Rights to Immovable Property, the technical passport, and the parties' RNOCPP details.

In this sample, payment is made before signing the agreement. That timing should be stated clearly in the text or confirmed by a separate receipt so the notary has no questions about settlement.

If the share belongs to the seller as personal private property after division of marital property, that should be confirmed by the title deed. If the mortgage is still in force, the notary must also check whether the mortgage agreement allows the alienation and whether the mortgagee has given consent.

What to check before the notary

• the title deed for the share and the current extract from the State Register of Rights;
• the mortgage agreement and the mortgagee's written consent to the alienation of the share, if required;
• 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, tax lien, other encumbrance, or third-party right;
• whether children or other persons are registered in the apartment and their rights need to be addressed separately.

Sample agreement

SALE AND PURCHASE AGREEMENT FOR A SHARE OF AN APARTMENT SUBJECT TO A MORTGAGE
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 a 1/2 share of the apartment at [apartment address].
2. The share being sold belongs to the Seller as personal private property under [name of title deed]. Ownership and the mortgage encumbrance have been checked in the State Register of Rights to Immovable Property on the date of notarization of this Agreement. The mortgagee's consent to the alienation of the share [is attached / is issued in a separate statement dated ...].
3. Apartment no. __ in building no. __ at [address] has __ rooms, a total area of __ sq. m, a living area of __ sq. m, and other characteristics according to the technical passport and title documents. If the actual characteristics changed after redevelopment or other works, the agreement uses the current technical passport.
4. The sale price of the 1/2 share is UAH __. The value of the entire apartment according to the documents is UAH __.
5. Payment between the Parties was made before signing this Agreement. The Seller confirms receipt of the full amount, and the Parties have no mutual financial claims regarding payment.
6. The transfer of the share and the keys is formalized by a handover act or a note in this Agreement, signed by the Parties on the day of notarization or on another date they agree.
7. The Seller states and warrants that, as of the date of signing this Agreement, the share has not been sold, gifted, contributed to share capital, or otherwise alienated to anyone else; it is not in dispute; it is not subject to arrest, mortgage, tax lien, or any other encumbrance other than the mortgage mentioned in this Agreement; 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 share is the Seller's personal private property after division of marital property, no separate consent of the other spouse is required unless the documents filed with the notary show otherwise.
9. If other persons are registered in or have a right of use to the apartment, this is confirmed by separate documents filed with the notary.
10. The Buyer confirms that the share has been inspected, the condition is known, and there are no claims regarding visible defects at the time of signing this Agreement.
11. The Buyer's ownership of the 1/2 share 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 notarization and state registration costs.
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, the mortgagee's consent, if required, has been checked, and the Agreement has been signed in my presence.

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