PRELIMINARY CONTRACT
FOR REAL ESTATE SALE
IN HOLIDAY COMPLEX ‘PRIVILEGE FORT BEACH "
Today ………..2004, in Sofia, the present
contract was concluded between:
1……………………………………………………………….
Address:…………………Passport
No…………………issued
on…………………by…………………,
phone for contact:………………………...called
hereafter the Buyer
/notice 1. For persons: address; phone number; passport;
if there is – a person for contact in Bulgaria/
/notice 2. For firms: name, headquarters address; firm
registration case; Trade Register data; representing person;
phone number for contact; actual status/
From one side, and, from other,
2. "The Developing Company", with headquarters
address: ……………………………………………………….,
registered with No …………………………………………………………………,
represented by ……………………………………..
At the following conditions:
SUBJECT OF CONTRACT
1. "The Developing Company" has the duty to sell
to the Buyer the following real estate, situated in a massive
building, which will be built according to approved architecture
papers in the owned by "The Developing Company" regulated
landed property according to the plan of Nesebar, Bourgas
Region, namely:
APARTMENT No /…………./, situated
in Section "…", of ...Floor, with built
surface of /……………………………………………………../
square meters, consisted of ……………………… ……………………………………………….,
with borders: west-………………..……………,
north-…….………………………,
east- ………….………………….,
south - ………………………………….
together with ……….% ideal parts of the
total parts of the building and same percentage of the
building right.
1.2. The building will be built according to building permit
of Nesebar Municipality and approved architecture papers.
2. The Buyer has the duty to buy the estate, described
in item 1of this contract and to pay tax for Maintenance
and Management of the Holiday Complex in the amount of
5,70 EURO per square meter + VAT, with the following discounts:
- 4, 75 EURO per square meter for each apartment a year
+ VAT – with advance payment for three years;
- 4, 00 EURO per square meter for each apartment a year
+ VAT – with advance payment for five years.
PRICE AND METHOD OF PAYMENT
3. The price of the described in item 1 estate is …………………………………….EUR,
paid as follows:
3.1 At signing the present contract – an earnest
of 10% of the price, in the amount of ………………………….....
EUR;
3.2 Within fifteen calendar days from the date of finishing
the roofing works of the building - 17% of the price, in
the amount of ………………… EUR;
3.3 At concluding the final contract in the form provided
by the law – the remaining amount of …........……… EUR;
4. The sides agree that the amount paid as per 3.1 is an
earnest, guaranteeing the concluding of the final contract.
OBLIGATIONS OF THE SIDES
5.1. The sides are obliged to conclude a final contract
for sale in the notarial form provided by the law in one-month
term, considered from the moment of readiness of the Building.
5.2. In case the Buyer wishes to use the estate earlier,
the sides are obliged to conclude the final contract on
the day of transferring of the ownership on the estate.
6. "The Developing Company" is obliged to transfer
the real estate free of any burdens and obligations to
third persons.
7. "The Developing Company" is obliged to build
the transferred real estate not later than ...............
with the following stage of completion:
Hall:
- floor – tiles with floor heating
- walls – latex paint
- ceiling – latex paint
Bathroom;
- floor – tiles with floor heating
- walls – tiles to the ceiling;
- sanitary equipment: toilette bowl, wash-basin with mixing
tap, shower cabin or bath /according to the plan/
- electric boiler;
- upper and lower cupboards
- Accessories – bathrobe, circle towel rail, toilet
paper rail, closet brush
Living room/bedrooms:
- laminated parquet;
- walls painted with latex;
- air-conditioning (winter-summer) in each room;
- PVC joinery, blinds and mosquito nets
Kitchen box:
- floor – terracotta;
- walls – latex paint;
-
- inside doors of MDF;
- front doors – metal with decorative cover;
- possibility for cable television;
- Possibility for telephone – one or two telephone
lines.
8.1 The Buyer is obliged to pay the price of the sold real
estate in the terms of this contract.
8.2 The Buyer is obliged in person or through his representative
to accept this real estate on the day, when he is invited
by "The Developing Company". In case, that the
Buyer does not appear to accept the site "The Developing
Company" will not have responsibility for delay of
transfer of possession. The hypotheses of the preceded
sentence are applied also to the concluding of the final
contract.
9. The expenses made for the final transfer of the property – local,
state and notarial duties are taken by both sides equally.
RESPONSIBILITIES
10. In case "The Developing Company" does not
accomplish the taken according item 6 of this contract
obligations, it owes to the Buyer a compensation in amount
of the received at the signing of this contract advance
payment.
11. In case that "The Developing Company" does
not accomplish its obligation of transferring the site
in time; it owes to the Buyer a compensation in amount
of 0.1% a day of the price of item 3.
12. In case that the Buyer delays to purchase the real
estate at this contract or refuses to conclude the final
contract or to pay the amount according to item 3.2, he
owes to "The Developing Company" a compensation
in amount of 0.1% a day of the price at item 3, but for
no more than one month. After expiring the one month the
present contract is terminated automatically. In this case
the compensation for non-accomplishment of the obligation
of the Buyer is in amount of the given at item 4 advance,
which is kept by "The Developing Company".
GENERAL TERMS
13. At stopping of construction because of reasons, about
which the Executor has no fault or because of force majeure
circumstances, the term at item 7 is extended automatically
with the time, the stopover or the delay has continued.
14. The present contract has the right of an act for the
sides and can be changed at mutual agreement, reached in
written.
15. For the conditions not arranged by the contract the
general regulation of Bulgarian Law are applied.
16. All the arguments, arisen between the sides at or on
the occasion of accomplishment or interpretation of this
contract are settled by the sides at mutual agreement,
and in case it cannot be reached, the argument will be
taken to be settled by Nesebar Regional Court.
17.1. This contract comes into force from the date of receiving
the earnest on item 3.1.
17.2. In case that Buyer does not pay to Seller the earnest
on item 3.1. and under the conditions of the same, the
contract will not come into force and the sides do not
have any obligations.
This contract was prepared and signed in two uniform copies,
one for each of the sides.
FOR THE BUYER: FOR "The Developing Company":
…………............……….. ………….....................…………
