Agreements
When entering into an agreement over real estate in Ukraine, it is important to have a written contract that clearly outlines the terms and conditions of the agreement. Here are some key considerations for an agreement over real estate in Ukraine
Overview
Parties
Identify the parties involved in the agreement, including the buyer and seller or the landlord and tenant. Include their full legal names and addresses for accurate identification
Property Description
Provide a detailed description of the property, including its address, boundaries, and any other relevant details that accurately identify the property being transferred or leased
Purchase Price or Rent
Specify the agreed-upon purchase price if it's a sale agreement or the rental amount and payment terms if it's a lease agreement. Outline the currency in which the payment should be made and the due dates for payments
Terms and Conditions
Clearly define the terms and conditions of the agreement. This includes the duration of the agreement, any renewal or termination clauses, maintenance responsibilities, and any specific obligations or restrictions agreed upon by the parties
Title and Ownership
Ensure that the agreement explicitly states that the seller or lessor has full legal ownership of the property and has the right to transfer or lease it. Include provisions for conducting a title search and verifying the property's legal status before the transaction
Rights and Obligations
Specify the rights and obligations of both parties. This can include responsibilities for repairs, payment of utilities and taxes, insurance requirements, and any other relevant obligations related to the property
Default and Remedies
Include provisions that address default and remedies in case of non-compliance with the terms of the agreement. This can include penalties, termination rights, or other remedies available to the injured party in case of breach
Dispute Resolution
Determine the mechanism for resolving disputes that may arise during the term of the agreement. This can include provisions for negotiation, mediation, or arbitration, as an alternative to litigation
Governing Law
Specify the governing law that will apply to the agreement. This is typically the law of Ukraine, but parties may also agree to apply the laws of a specific jurisdiction if mutually desired
Execution and Signatures
Ensure that the agreement is signed by all parties involved in the transaction and that their signatures are properly witnessed or notarized, as required by Ukrainian law