Residential House Sale and Purchase Agreement with a Minor Seller and a Representative by Power of Attorney

This sample is for a residential house sale and purchase agreement where one seller is a minor and another co-owner acts through a representative by power of attorney. In such a transaction, the notary checks the parents' consent, guardianship authority approval when required by law, the representative's powers, title documents for the house, and the land documents.

Before signing, the parties should check passport details, RNOCPP or passport data for ID-card holders, an extract from the State Register of Rights to Immovable Property and Their Encumbrances, an extract from the State Land Cadastre or the cadastral number, the technical passport, a certificate of registered persons in the house, and, if needed, notarized spousal consent. For a minor seller, parental consent is also required and guardianship approval is needed in the cases provided by law.

The sample below leaves placeholders for each seller's share, the power of attorney details, the price, the handover date, the cadastral number, and notarization.

What to check before the notary

• whether title to the house is registered in the State Register of Rights;
• whether the land data in the State Land Cadastre match the title documents;
• whether parental consent and guardianship authority approval are available for the minor seller;
• whether the power of attorney expressly covers the sale of the house, signing the agreement, and receiving the money, if the settlement method requires it;
• whether spousal consent is needed;
• whether there are any arrests, mortgages, bans, or third-party rights.

Sample agreement

RESIDENTIAL HOUSE SALE AND PURCHASE AGREEMENT
Kyiv, "__" ____________ 20__

THE PARTIES HAVE ENTERED INTO THIS AGREEMENT AS FOLLOWS:

1. The Sellers jointly sell, and the Buyer buys, residential house No. __ with the auxiliary buildings and structures located at [address]. Together with the house, the Buyer acquires ownership or use rights to the land plot underneath it to the extent provided by this Agreement and the current legislation of Ukraine.
2. The house belongs to the Sellers on the basis of shared ownership in the following shares:
   • [Seller 1 full name] - __ share, under [title document], ownership registered in the State Register of Rights;
   • minor [Seller 2 full name] - __ share, acting with the consent of parents [full name] and [full name] and with approval from the guardianship authority dated [date, No.];
   • [Seller 3 full name] - __ share, acting through representative [full name] under power of attorney dated [date, No.], certified by [notary].
   The basis for each Seller's title is stated separately in the title documents.
3. The technical characteristics of the house and structures are set out in the technical passport: total area __ sq. m, living area __ sq. m, auxiliary buildings and structures: [list]. Cadastral number of the land plot: [number], area of the plot: __ sq. m. If the land plot is not separately formalized, its legal regime and title document are stated separately in this Agreement.
4. The price of the house is UAH __. Payment is made [by bank transfer / in cash within the limits allowed by law] in accordance with the current legislation. Receipt of funds is confirmed by this Agreement and/or a separate receipt.
5. The Sellers undertake to hand over to the Buyer the house, keys, technical passport, land documents, and certificates of no debt no later than [date]. By that date, the house must be cleared of personal belongings and persons, and all persons registered in the house must be removed from registration unless the Parties agree otherwise.
6. Ownership or use rights to the land plot on which the house is located pass to the Buyer in the manner established by the current legislation of Ukraine. The land plot data are stated according to the State Land Cadastre and the title documents.
7. The Sellers warrant that, at the time of signing, the house has not been sold, gifted, pledged, contributed to authorized capital, or otherwise disposed of to anyone else; it is not under arrest, mortgage, or any other encumbrance; there are no third-party rights; and the Buyer has been warned about any hidden defects known to them. The minor seller acts with parental consent and, where required, guardianship approval. The representative acts only within the scope of the power of attorney.
8. The Buyer confirms having inspected the house, having no claims as to visible defects, and having lawful funds for the purchase. If the Buyer is married and consent of the other spouse is required by law, that consent is attached separately.
9. Taxes, the mandatory state pension insurance fee, notarial charges, and registration fees are paid in the manner established by the current legislation of Ukraine. If a benefit or exemption applies to a particular transaction, it is applied separately.
10. Any amendment to or termination of this Agreement must be notarized. Disputes are resolved by the Parties' agreement or in court.
11. This Agreement is executed in four originals. One is kept by the notary and the others are given to the Parties. After notarization, the Buyer's title is subject to state registration.

SIGNATURES:

Seller 1: ________________________________

Minor [full name]: ________________________________

Parents' consent: ________________________________

Representative by power of attorney: ________________________________

Buyer: ________________________________

NOTARIAL CERTIFICATION

This Agreement is certified by me, [notary full name], private notary of [notarial district]. The identities of the signatories, their capacity, the representative's authority, parental consent, and guardianship approval have been verified. The Agreement was signed by the Parties in my presence.