They are easy to find on the Internet, they are usually free, and you can easily download them from countless Internet portals. They have additional information that they are suitable for different life situations and are available to anyone. e is about universal model contracts. Not Radim Neubauer warns before using them in an interview for iDNES.cz.
Why do you prefer to avoid using universal contracts?
The so-called universal model contracts are universally only seeming. Every situation, whether you buy, sell or donate real estate, is specific. And no one approves official official models of contracts. Logically, therefore, no one is responsible for their correctness, so there is no one to enforce the code created by their use. In my practice, I will encounter cases that clients come to me in a situation where they used such a contract and got into trouble.
Mete bt concrete?
When selling your apartment, the client used a contract that he downloaded from the Internet, because he wanted to charge a crown for writing it down first. And he got into a situation where the contract was not acceptable at all in the cadastre. So we had to rewrite the contract and go through the whole process again.
For the cadastre contract questioned?
The seller was not able to correctly describe the apartment unit in the panel house. It doesn’t have to be easy for a layman. Ednk from the cadastral series of course immediately discovered the error and questioned the contract, which was signed by both parties.
What should be missing to make the description of the unit recognizable?
Usually people think that it is enough to write a parcel word, or a descriptive word. But in the case of a panel house with boards, the apartment has an extensive description, when it is necessary to specify the position of the apartment in the house. It can be similar with the description of the so-called servitude (two vcn bemeno note red.).
How is it wrong in the description of servitude?
The people will completely forget about your service in the contract, or they won’t even know about it. Thus, it can happen that the service will be arranged only for the current owner and after its change or death it will expire. This new owner will lose your access road to your property. In the contract, the service must be specific and according to what it is specifically about, for example, whether it is a driveway to the garage or a high-rise pole on private land.
How did he risk the threat when someone decides to tie a contract from the Internet?
Contracts from the Internet may be obsolete, on the web portal they are free to download for several years without updating. And of course no one is behind them. It is important that the contract is in accordance with the latest civil law and contains all the essentials that must be included. These are in individual situations. Therefore, dn patterns are not universal.
K jakm pochybenm dochz nejastji?
Most often it is an incorrect description of fixed real estate, especially housing units. These may exist according to the old law on ownership of the apartment and under the new civil law, and if you need to include a description in the contract according to the new law. I may also miss the speech to buy the property, or I may not specify the purchase price and the way of its castles. In model contracts, you will never find a way to buy purchase prices through storage with these parties, which is a risk for both the firm and the buyer.
Problems can arise both in the case of real estate in several cadastral lands, in the transfer of co-ownership shares as a result of the return of the final pre-emption first, or, as I said, in the formulation of servitude. You will then simply recover the code that was created for you due to the use of a contract downloaded free of charge from the Internet.
How high codes did you encounter and what lo?
The codes move in the breath of plates of thousands of crowns, but even hundreds of thousands are no exception. The rest of the people will lose their non-refundable reserved fees and deposits, because they did not consult with anyone and signed the city directly.
These monch errors are literally run-down, so I recommend consulting each contract with the element. Not only will he seize such a contract, but from the position of his last citizens he will draw attention to possible risks and share his obligations from the horse, resulting in the need to make the energy unit of the building when selling the house.
What other situations do people get into in practice when transferring real estate?
I came across a case where the client wondered why, as a buyer in a transaction with a real estate agent, he got into a suitable position for me, not in what the counterparty is. Even with the help of a real estate agent, that the contract was seen by their lawyer. I explained to him that the problem was first with their lawyer. Each lawyer works for one party only. Thus, he logically represents the terms of his client who hired him.
On the other hand, the person is obliged to serve both parties for the benefit and fairness of the matter. So the lawyer worked for a real estate agent. If the contract of the day were to check the notes, he would not only point out possible errors and first irregularities, but he would explain their situation to both parties. Therefore, I recommend having a note written straight away.
When does someone turn to a notebook to write a contract, what can I do?
If he requests a transfer of real estate, he draws up the contract in the form of a so-called notation, which has the character of a public deed. This means that, in any case or trial, its authenticity and veracity are presumed, unless proven otherwise. And in the future, the duplicate can also serve as a clear proof of the veracity of the data entered.
How much does such a contract written not cost?
The prices are according to the set price and the basis for their calculation is the price of the fixed property. If you sell the property at a price of one million crowns, then the reward note for it is written about nine thousand crowns, including VAT. If you donate a property with these values, then the price is lower and you pay about six thousand crowns, including VAT, for the donation contract at the note. According to the coincidence, the notation will subsequently ensure its deposit, ie the registration of the new ownership right, at the last cadastral register. Waste thus the need for nvtvy ad.
According to the people, are they wrong? What do you need to think about when transferring real estate?
Signing a contract for the transfer of real estate, such as the purchase of an apartment, of course, means that you undertake to pay for it. Only by signing the contract, which is followed by the sending of the pension, do not start with the owner. You are not registered in the cadastre. And here, for example, during a transaction with an unperformed real estate agent and a seller, you can get into a situation where you have neither a pension nor an apartment. Even if all requirements are met.
Have you encountered such a case before?
Bohuel. But it is easy to avoid this problem. Eenm is hiding money at this party. When you choose a note for storage, the counterparty’s pension is issued and when the new owner is registered in the changed real estate cadastre and the example of execution on the original owner will not be registered in the cadastre. If it is a transaction, the pension travels back to the account, ie to the buyer.
How much does such a pension hide at a note?
In the event that both, ie the drafting of the contract and the subsequent storage, are carried out by a note, there will be a favorable storage fee, by reducing it to one tenth. In addition, participants in drafting contracts are instructed on tax obligations related to the transfer.
What are the tax obligations?
This is usually a tax on the acquisition of real estate. But specific obligations are always individual according to the situation. Therefore, I recommend a consultation with an expert, because an apartment and a house are often assets of many millions of values, which have been owned by families for several generations. And the risk that you will lose it or a high amount of money to try to write a contract is unnecessary.