Incomplete or incorrect indication of the subject property in the contract on its sale or lease in the first place causes problems with the state registration of the agreement or, respectively, of immovable property rights in the organs of the Federal Registration Service. In addition, casually worked text document, you are risking your business to lay a bomb. The fact that the treaty, which lacks the essential conditions (in accordance with Art. 432 of the Civil Code are essential conditions of the subject contract, the conditions mentioned in the law or other legal documents essential or necessary for contracts of this type, as well as all the conditions with respect to which any one of the parties agreement must be reached), for example, inaccurately determined by its object, consider not concluded. This means that the deal simply did not take place, and the legal consequences can be very disappointing.

The most common situation: when registering with the tax inspection organization indicated as its location address of the leased office. If you find that the lease is not signed, and the landlord will require the eviction, then, firstly, the need to urgently look for new premises and to organize travel, secondly, to notify of a change of address and telephone numbers of contractors and, if possible, clients. Also, be sure to notify your change of address tax office (the CEOs are often neglected, not suspecting that violate the law). To do this, at least you should: make and assemble the documents, court fees, take the paper to the tax office, after a while to get the tax inspection certificate amending EGRYuL; register a new lease agreement, unless, of course, he signed for a year or more.

Such situations are generally unpleasant, but for small and medium-sized businesses - in particular. On the one hand, at crossings such organizations, and businesses are losing part of its ongoing clientele. On the other hand, if you can not find a place in the same area, the employer soon after the move risked be short and some staff. They just become far or inconvenient to get to a new job.

If an employer or organization to carry out activities subject to licensing or occupancy of the premises must comply with strict requirements of the law (eg, banking, provision of medical services, etc.) then carelessly drafted lease can lead inter alia to the large temporal and financial costs . On the reissue of documents, search and reconstruction of facilities, equipment installation, demonstration of representatives of the various regulatory organizations readiness of the project work and other activities associated with the move, will leave few months, and unforeseen costs seriously harm the company's budget.

Involved in the transaction in good faith to entrepreneurs and companies, taking care of his business reputation, the absence in the text of the agreement of detailed data about the property only interfere with the state registration of the contract or transaction.

Correct this deficiency is quite simple: the parties sign a contract or a new edition or take a supplementary agreement, made out in an annex to the treaty, which specifies, in respect of the property is a deal. Typically, the additional cost is required, although the lost time could be used more effectively.

Often one of the participants lose interest in the agreement. This happens a few days after signing the contract, and after a few years. Today's businesses are increasingly trying to find legal ways to exit with minimal losses from having to comply with the terms of the contract. For example, the courts require termination of the agreement with the counterparty, who carelessly fulfilling its obligations (delaying the transfer of payment, delaying the transfer of the object on the act, etc.). If the contract clauses and requirements of the law, he performs accurately and grounds for termination of the transaction no, unscrupulous businesses (of course, on the advice of their consultants) to prove that the essential terms of the deal were not compatible, which means that a contract is concluded.

Double-edged contract

Practice shows that it leases typically contain inaccurate and incomplete data about the property, especially when it comes to the rental of buildings and structures. The fact that the contract is not legitimate, at any time declare any tenant or landlord.

By the way, there is paradoxical at first glance, the trend: most of that agreement is not concluded, one participant said after a few months or even years after the signing of the document. It would be naive to believe that he suddenly re-read the contract and, quite unexpectedly discovered that he was not valid.

`Mines in slow motion ', ie the provision of a treaty by which one party has a chance to painlessly terminate it or to declare that he was not concluded, often specifically lay still at the stage of the text. Today this practice is becoming increasingly popular: the advice of lawyers turn even small businesses and organizations. They pose a specialist single task: to prepare the text of one or more types of contracts to include the traps for the counterparty. Naturally, customers require camouflage these provisions so that the layman could not guess the true meaning of a particular article or paragraph of the agreement. Very often with these orders apply organizations and businesses that exist through a lease or sublease.

However, much more often businessmen, without knowing it, putting in treaties such legal traps, which are thought of every specialist. That is, if entrepreneurs are the documents themselves (as a rule, the basis for them to accept and process liked the so-called standard contract).

Typically, stating that the contract is invalid, appear after the appearance of small or large differences between the parties. For example, one of them believes that we must significantly change the payment terms, to redistribute the cost of providing security and fire prevention, believes shackling their duty to carry out major repairs or maintenance, and more. And sometimes even easier: the landlord finds a new user, willing to pay for more space, or the owner wants to get rid of tenants to sell a property without encumbrances. (The lease premises or part thereof is encumbered rights of the lessor's premises. If you change the owner of the lease remains in force, and the place of the former landlord holds its successor, the new owner). If the contractor does not agree to terminate the transaction, will have to comply with the formalities required by law, and pay him some compensation. But declaring the invalidity of the agreement, such payments could be avoided.

In such cases, entrepreneurs and organizations in advance to calculate future benefits and possible losses, turn to arbitration courts to recognize their lease agreements concluded. But success is not guaranteed. The courts, after sorting out the background of the case, often denied.

It is very important, at which point the participant raised the issue of imprecise definition of the subject of the lease. If the parties have executed an agreement for a long time, and between them there was no disagreement on the subject of the contract, believe that the object of the contract agreed upon rather accurately and in full.

Problems registering

Unfortunately, not all businessmen and heads of organizations want to shoulder the additional concerns relating to the registration of their leases. So they try to enter into contracts for a term not exceeding one year, then signed the new agreement or extending the old ones. For such contracts, some users are renting property for years.

Making short-term lease agreements is justified only when coincides with the interests of business, its goals and objectives. In other cases, especially if the tenant and the landlord prolong and renew short-term agreement on the subject for years, it may draw the attention of regulatory bodies.

Do not be afraid to enter into contracts for the optimum in terms of business term of three, five, ten years only out of fear of being refused registration. In the end, any refusal of registration, unless, of course, it is based, can be regarded as a signal about the potential threat to their well-being and a reason to bring the documents and things in proper condition.

If the contract is subject to state registration, the experts recommend it to reflect information about the object of lease as it is done in the certificate of ownership. But sometimes take advantage of their advice is simply impossible.

To reduce the probability of failure, the contract must not only specify the detailed characteristics of the object, but also to highlight the color of the border areas in terms of BTI, provide the documents as an attachment to the lease. If you then fail to register, contact the court with a claim for recognition of refusal to register illegal.

A lot of trouble with the formalization of relations between tenant and landlord delivered an unauthorized alterations, uncoordinated add extra floors, illegal alteration of individual buildings. If these changes are not officially registered, fail to register and lease of buildings and premises. Recall that without state registration document is considered concluded.

To avoid problems with the registration of businesses are on the trick: while on unauthorized changes is not known by the authorized bodies, while the restructuring is not marked on the plans the red lines, the leases specify the old data. But the courts have always regarded such agreements not concluded, as they displayed wrong information about the objects of lease.

Often, after the illegal conversion or refurbishment of premises owner begins to take steps to ensure that they legitimize. Consider the situation where a lease signed before the end of this procedure. The agreement with the user indicate actual data on the property. Traders are often well aware that to register their agreement is not possible because of the discrepancies in the information on the subject of the lease, but plan to do so as soon as the owner will receive new documents in real estate. This is where the problems begin: comparing dates in documents, the Fed staff quickly establish that the premises are subject to the lease, at the time of signing the contract absent in the explication of the floor plan and structure. If the parties decide to appeal such refusal authority the Fed, the court drew their attention to the fact that the lease had never been concluded, and they need to sign a new agreement.

Sale of real estate

In contrast to the leasing transactions in working through contracts of sale of real estate business fit much more responsible and far more attracted to work on documents experts. Obviously, here the important role played by the price issue. And because of the property indicated in the agreements of sale in more detail than in the leases. However, errors still occur. For example, due to the fact that at the time of signing of the agreement the seller had no time to formalize ownership of the property.

As is the case with rent, great difficulties arise from the parties in the registration of the transfer of rights to property, which was subjected to unauthorized alterations, refurbishment. The same problems are waiting for participants in the transaction, if its object - the building to be added later, or, conversely, some buildings demolished.

It must be remembered that the buyer at all stages of design will require the active promotion of the seller. Even if such assistance had been promised in words, we must take care of the documentation of its obligations. But not all the former owners are ready for such a long-term cooperation, and the majority and not burning with desire to fulfill their promises and to respond to the counterparty in the event of failure.

Therefore, the documents should indicate how the costs will be distributed to legitimize problematic property depends on its price. No need to rush to transfer money! If you register your rights against the purchaser fails, the seller is unlikely to hasten his return means.

It is desirable to involve exploring the conditions of the contract and registration of real estate of highly qualified consultants. Despite the fact that their services are rather expensive, the cost can not be considered futile.

However, even very competent consultants with access to the necessary officials, may be powerless. Therefore, making a risky deal, worth in advance to provide for the possibility of failure and take care of overcoming the difficulties with the least losses.

In the case of separation, merger or separation of real estate information on the newly formed objects made in the new sections, and knows quite open new cases of legal documents with the new cadastral number. This is spelled out in paragraph 9 of Article. 12 of the Law 'On state registration of transfer of title to real property and transactions with it `.