Purchase and lease agreement:

A bill of sale or bill of sale is a contract in which a financial asset is sold to another (sale). It is a regular, written contract and is drawn up between the parties to the sale, the seller and the customer (seller and buyer), based on which the asset is sold in exchange for a consideration (price or price) and ownership of that asset is transferred to the buyer.

The Pledge of Allegiance consists of 7 articles as follows:

Article 1- Parties to the contract:

It includes the details of the seller and the buyer.
Because this information is entered manually and not directly from the Civil Registry Office,  be sure to  thoroughly check the details of the national code and ID card number of the other party .

Article 2- Subject and specifications of the transaction:

This section specifies the type of property (residential, commercial, and administrative), the amount of the share purchased, and the status of the land and assets of the property (whether it is personal or endowment).

It also refers to the registration plate, area, type of frame, year of construction, and the main document specifications, including document number, office, page, water, electricity, gas, and telephone subscriptions, specifications for the number of units in the building, and the heating and cooling system, etc.

Article 3- Transaction price:

The price refers to the amount of money agreed upon by the parties as compensation for the property. The payment terms are also specified in this clause.

Article 4- Conditions related to the preparation of the document:

This article includes 5 clauses, which include:

1. Date of the parties’ presence at the registry office to prepare the document
2. If the documents are mortgaged, the seller is required to release the mortgage.
3. Possibility of receiving a certificate of absence from the registry office in case one of the parties is absent and fails to provide the required documents.
4. Contract date
5. The date the document was prepared is noted in the registry.

Article 5- Terms of delivery of the transaction:

This article has 2 clauses that determine:

1. The date of full delivery of the property is the damage caused by the seller’s failure to fulfill his obligations regarding delivery.
2. If the purchased property is not transferable to the buyer for any reason, the seller is required to return the amount paid and must pay the damages specified in the contract.

Article 6- Effects of the contract:

This article has 7 clauses as follows:

1. The seller is required to prepare and obtain all documents required to prepare the document from all authorities and departments, as well as settle all debts to the water and sewage department, gas, electricity, municipality, finance, etc., before preparing the document.
2. Determining which party is responsible for settling the municipality and the Tax and Endowment Department, however, the cost of preparing the official document is the responsibility of the buyer.
3. It is worth noting that an increase or decrease in the price of the property due to market fluctuations will not have any effect on the sale deed or its price.
4. Obtaining all powers of termination and cancellation of the contract by each party. (A contract agreement is required and cannot be canceled)
5. Determining the amount of daily damages that each party that fails to fulfill its obligations will be required to pay.
6. It is worth noting that the purchase agreement is invalid without the seal and signature of the business license holder.
7. It is worth noting that the original document and identification documents of the other party have been received by another party.

Article 7- Interactors’ file:

This article has 6 clauses as follows:

1. Payment of real estate agent fees, which are based on union rates, as well as how the real estate agent group is calculated.
2. It is worth noting that the termination of the real estate sale deed will have no effect on the payment of the consultant’s fee.
3. Charging 9% value-added tax in addition to the consultant’s fee, which the parties are required to pay and receive a value-added certificate from the consultant.
4. Warning: Ensure that the parties’ contact information is entered correctly, which is very important for receiving the tracking code.
5. How to register in the Real Estate Union SMS system.
6. How to request a tracking code by sending an SMS.

Description of the purchase agreement:

At the end, in the explanation section, items that are not mentioned in the contract text and that have been agreed upon by the parties are mentioned, which can include conditions such as not preparing the document on time, installing equipment, etc.
Note that if the buyer pays by check, be sure to mention the condition of contract termination in this section.

17 important points when preparing affidavit:

1- Verify the identity of the other party through valid identification documents.
2- Allocate a short time to get to know the other party and understand his intention to buy or sell.
3- Ask about the terms and method of payment by the buyer.
4- Personally and carefully study all the provisions of the contract before signing.
5- Create a performance guarantee and determine damages for all obligations of the parties, including the obligation to pay.
6- Receive a reasonable percentage of the price, or the price of the property, when preparing the deed of sale.
7- Two reliable witnesses must be present when the contract is signed and sign its end.
8- If the buyer intends to receive a special loan, find out how it is.
9- Set an exact date for the payment of the installments of the price, as well as the presence and definitive transfer at the notary offices, and enter a performance guarantee for them.
10- Postpone the delivery of the property or the subject of the contract until you have received at least 80% of the price. Leave about 20% of the price for the time of preparing the official document.
11- If there are multiple buyers, the deed of sale must be signed by each of them and the share of each is also specified.
12- If the purchase is made by proxy, check the authenticity of the power of attorney and the identity of the attorney and the principal and obtain a copy of the power of attorney from the attorney.
13- Do not provide your ownership or identity documents to real estate consultants after signing the deed of sale.
14- Note that the notary does not have the right to delete requests or add information against your wishes, interests, and agreement in any way.
15- The seller can use his right of retention, in such a way that he refuses to deliver the property until the transaction price is paid according to the terms of the contract.
16- If, according to the terms of the contract, the buyer has not paid any amount of the price and is supposed to pay a part of the price and the item sold has not been delivered to the buyer, the seller can terminate the contract after 3 days from the date of conclusion of the contract, relying on the option of delaying the price.
17- If, after the contract, part of the transaction price has been paid or a check has been given or the payment time has been determined, due to a delay in payment of the price, the seller does not have the right to terminate the contract and can only file a lawsuit to receive the transaction price.

Unless the contract stipulates that delay in payment or non-receipt of contract checks gives the seller the right to terminate.

In this case, the seller, using the option of breach of condition, can, after announcing the termination with a statement, file a petition with the court to confirm the termination.

Writing a lease

According to Article 466 of the Civil Code:
“A lease is a contract by which the lessee becomes the owner of the interests of the leased property. The lessor is called the “lessor,” the lessee is called the “lessee,” and the leased property is called the “rented property.”

In other words, under a lease agreement, the lessor gives the leased property (property) to the lessee for a certain period of time, and the lessee becomes the owner of the benefits of the leased property in exchange for a financial payment; therefore, the lease is a contractual, temporary, and proprietary contract.

The most important laws governing rental contracts are the Civil Code as a general law and the Landlord-Tenant Relations Law as a specific law. Ordinary people are usually not very aware of these laws, which causes them to have difficulty drafting their rental contracts.

Today, many rental contracts are drafted by real estate agencies and offices, but despite this, the lack of awareness of real estate agents about legal standards and the lack of attention of the parties to the contract to legal issues cause many problems in drafting these contracts.

To avoid these problems, it is necessary to pay attention to some points.

11 important points when preparing a lease:

1- According to Article 2 of the Landlord-Tenant Relations Law of 1997, the conditions for drawing up a rental contract are as follows:

a) Specify the lease term
b) Prepare the lease in two copies
c) The lease must be signed by the lessor and the tenant
d) The lease must be witnessed by two people trusted by the parties.