DETAILS OF THE PROCESS OF CONCLUSION OF A CONTRACT FOR THE PROVISION OF REAL ESTATE SERVICES

Abstract

Abstract. The article examines key aspects of the legal regulation of contractual relations in the real estate sector. The author analyzes the specifics of concluding such contracts in the context of the current legislation of Ukraine, examines the principle of freedom of contract, its essential conditions, as well as the legal positions of scientists and practitioners. The main attention is paid to the issue of the absence of a special regulatory framework that would clearly regulate the conclusion of contracts for the provision of real estate services. This creates conditions for different interpretations and potential legal conflicts between the parties. At the same time, the freedom of contract allows the parties to independently determine the terms of cooperation, which contributes to the flexibility of legal relations, but at the same time creates risks of ambiguous interpretation of the contract.The author analyzes in detail the procedure for concluding a contract, including such stages as the offer (proposal to conclude a contract) and acceptance (acceptance of the offer), as well as the moment of its conclusion. It is noted that in accordance with the provisions of the Civil Code of Ukraine, a contract is considered concluded only when the parties have reached agreement on all essential conditions. Additionally, the issue of the real and consensual nature of the contract, the possibility of its conclusion by means of conclusive actions, is considered.Separately, the issue of the form of the contract for the provision of real estate services is disclosed. In Ukraine, contractual practice provides for a predominantly written form for such agreements, although some aspects may be regulated by oral agreements or the actual fulfillment of the terms of the contract. The issue of notarization of the contract is also analyzed, which, although not mandatory, can provide an additional level of protection for the parties to the contract.The article defines the basic rights and obligations of the parties to the contract. The realtor undertakes to carry out a professional selection of real estate, provide consultations and organize the sale or lease of objects, while the customer is obliged to accept the services provided and make payment in accordance with the terms of the contract. Legal mechanisms for resolving possible disputes between the parties and mechanisms of liability for violation of the terms of the contract are also determined.The author emphasizes the need to improve the legislative framework in the field of real estate services, which will contribute to greater transparency and efficiency of contractual relations in the real estate market. The conclusions emphasize the importance of clearly defining the essential terms of the contract, as well as coordinating the rights and obligations of the parties to minimize the risks of legal disputes.