Transfer deed to the apartment purchase and sale agreement (sample) 2023

The deed of transfer when buying and selling an apartment in a new building plays an important role. The future of the transaction as a whole depends on its absence or presence in poor condition.

Purpose of the document

The act of transfer of housing is a legally valid document and indicates the full fulfillment by the parties of their obligations, as well as the entry into the legal rights of the new owner.

All transactions made by the population with real estate are carried out within the framework of the existing rules established by Chapter 20 of the Civil Code of the Russian Federation.

According to legislative norms, all contracts for the alienation of real estate by any persons are compensated and reciprocal. Also, according to the rules, the transfer of housing from one owner to another must be carried out in accordance with rules that often seem too complex, but they are necessary to protect the rights and interests of the parties to the transaction.

  • A real estate sale transaction must be registered with the state, and the transfer deed confirms the fact of transfer of housing from one owner to another.
  • How to draw up a deed of transfer for an apartment purchase and sale agreement? Watch step-by-step instructions in this video:

Features of the transfer deed for purchase and sale

  • The deed is a two-sided document and is signed by both parties;
  • It must be drawn up in 2 copies;
  • The document is signed only after a complete inspection of the apartment and recording of all its features, since it is a document of transfer of property;
  • It is permissible to draw up an act in 2 ways - by forming a separate document or by including individual clauses in the main agreement;
  • The first option is used less often when the dates of signing the main contract and transfer of housing are different;
  • If these two events occur on the same day, then they do not draw up an act, but simply add clauses to the agreement.

The need to draw up a document

Thanks to the document, there is legal protection for all participants in the process:

  1. If the seller did not take care of drawing up the document, he continues to be responsible for the apartment even after a new tenant moves into it - all claims from neighbors and the new owner will be directed to him, since in fact he remained responsible for the property.
  2. The buyer who neglected this document will also remain in the red, since all the shortcomings in the condition of the apartment will have to be corrected on their own, and if it is also a new building, then in general you can prepare to receive anything, since an unscrupulous developer will not fail to take advantage of this.

The need for compilation also lies in the following:

  • From the moment the contract is signed by both parties, and this is mandatory, the buyer becomes the owner of the property and bears full responsibility for its condition and current payments. However, after purchasing housing, it is necessary to record the transfer of ownership, for which a transfer deed is important - the registration authority will record all changes, and one copy will be kept, available for use in case of loss or damage to the first one;
  • It is required to obtain a tax deduction;
  • Without it, it is impossible to obtain title documents;
  • Selling real estate in the future will also be complicated by the lack of a document.

What is an encumbrance on an apartment and how to transfer a purchased apartment with an encumbrance - read here.

Filling out and registering the act

When characterizing real estate, it is important to indicate all the details:

  • Description of communications and the presence of shortcomings in them;
  • If the apartment has furniture and appliances, it should also be described in detail, indicating the most important points;
  • It is also important not to forget to record readings on all meters on the day of transfer;
  • It would not be amiss to indicate the year the house was built and put into operation.

You can read what you need to know when buying an apartment in a new building and on the secondary market in this article.

Important: the transfer deed only has the form of a written document; if there are a large number of defects, the buyer has the right to adjust the entire process of buying and selling an apartment; the absence of defects must be recorded in the deed.

Form of transfer deed for the purchase and sale agreement.

Among other things, according to the standards for drawing up documentation, the act must contain:

  • Dates of preparation and signing;
  • Details of the parties;
  • Details of the main agreement;
  • For notarization - the notary's details;
  • Information about the apartment - characteristics, etc.;
  • Data on existing payment debts;
  • Information about payment for housing;
  • Claims or lack thereof are indicated;
  • Signatures of all interested parties.

In the transfer deed, all data regarding technical characteristics must clearly coincide with the actual condition of the apartment.

Design rules

The contract should be drawn up in this way:

  • When registering, you must indicate all the necessary items;
  • The agreement must indicate why the transfer document is being drawn up, when and by whom;
  • The document must have a registration number;
  • Indicate the exact details of the parties;
  • Address of the property;
  • Technical characteristics contained in the technical passport for the apartment;
  • Describe in detail the furniture present, for example, if it is a kitchen set, list all its items step by step;
  • Clearly indicate the value of the property and detail payment options and terms;
  • Signatures of the parties.

Of course, it is permissible to draw up an act using samples yourself, having studied in advance all the intricacies of its formation . However, consultation and the presence of a specialist in the person of a qualified lawyer will not hurt, especially since the slightest mistake in the formation of a document can lead to its invalidity.

Procedure for accepting an apartment

Experts recommend paying attention to the main aspects when accepting real estate:

  • Availability of a well-equipped electrical system;
  • Condition of wiring, sockets, switches;
  • Safety and high-quality execution of doors and windows;
  • Compliance of all indicators of the premises as stated by the seller.

What to do if you refuse to sign the act?

Delaying the real estate transfer process

The deadlines for drawing up and signing the transfer deed are strictly regulated by the legislator, and failure to comply with them can lead to the failure of the entire transaction.

For example, if we are talking about a new building, then the developer acts according to the following scheme:

  • He sends the buyer a letter with information about readiness for transfer of housing;
  • After which he must appear within a week to sign the paper.

Important: if the buyer intentionally fails to show up for the transfer of property, the developer has the right to cancel the transaction or draw up a unilateral document at his own discretion, and then the buyer will not be able to make claims or challenge the document.

Refusal to sign

Important: refusal to sign the transfer deed is described in legislative regulations, indicating all possible consequences, including penalties.

It should be remembered that if the seller refuses to sign a document for one reason or another, the buyer, in order not to sign a one-sided document, has the right to send his demands in a registered letter, and then go to court, thereby proving that all possible steps have been taken on his part to resolve the issue.

Also, the buyer, if a document is unilaterally drawn up not in his favor, has the right to have the premises inspected by a specially created commission with the formation of an appropriate document, which is also sent by registered mail to the seller. After which, in most cases, he finds ways to troubleshoot problems.

Legal advice

Lawyers specializing in this area advise their clients:

  • Do not transfer money for real estate to the seller before signing the transfer deed;
  • In their opinion, the document should have 3 copies with several copies in case the document is lost;
  • It is also necessary to include in the list of specified items a column about the transfer of all documentation regarding the apartment to the new owner;
  • Lawyers remind you that this document is extremely important, since without it you cannot obtain a tax deduction and a certificate of ownership;
  • Make sure that all parameters of the property are indicated; they must exactly match the data from the technical documentation;
  • The act can be drawn up as an individual document, completely separate from the main agreement. How to draw up a preliminary agreement for the purchase and sale of an apartment and how this document relates to the main agreement - find out by following the link;
  • Also, if there are shortcomings and defects in the object, it is necessary to add the following clause to the document, stating that the transaction is not concluded, and the object is not accepted until all the specified errors are corrected. Such a formulation of the question will spur the seller to take active action to carry out repair work;
  • When signing a paper, it is desirable to have witnesses; such people can be represented by relatives and neighbors at the court hearing;
  • All documents should be carefully examined for errors and typos, since even the slightest mistake can lead to disruption of the entire process;
  • When registering, the applicant is given a receipt with a list of documents submitted to the authority; the deed of transfer must be indicated in full, starting from the registration number to the signatures of witnesses and participants in the process.

Conclusion

You can find out how to fill out the form for the act of acceptance and transfer of an apartment under a purchase and sale agreement here:

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Transfer deed to the apartment purchase and sale agreement

The act of acceptance and transfer of the apartment is a mandatory addition to the purchase and sale agreement. The seller's obligation to transfer real estate is considered fulfilled after signing the transfer deed.

The document is drawn up when purchasing an apartment on both the primary and secondary real estate markets . The act indicates in detail which apartment was transferred to the buyer, on the basis of which purchase and sale agreement, as well as in what condition the object was at the time of transfer.

The apartment is considered actually transferred after the keys are handed over and the deed is signed. Refusal to sign the transfer document is grounds for termination of the transaction.

When purchasing an apartment in a new building, the transfer deed is a necessary document for registering ownership rights.

When is the apartment acceptance certificate signed?

The transfer document must be signed at the time of direct transfer of the apartment to the buyer, after he has inspected it (Article 556 of the Civil Code of the Russian Federation). In this way, the fulfillment of the obligations of the parties under the purchase and sale agreement is recorded.

This document is drawn up if necessary - when the moment of signing the purchase and sale agreement and the moment of transfer of the apartment do not coincide in time .

For example, the contract has already been signed, but the former owner can only leave the apartment in a week.

If the signing of the agreement and acceptance of the property by the buyer occurs simultaneously, information about the transfer of property must be included in the purchase and sale agreement .

The signing of the act confirms the transfer of the keys to the apartment by the seller to the buyer, as well as the implementation of mutual settlements between the parties to the transaction. The refusal of one of the parties to sign the document is considered a refusal to fulfill obligations to transfer or accept property.

After signing the acceptance certificate, responsibility for the safety of the apartment and the property located in it passes to the buyer . Then the new owner needs to register at the place of residence, and also notify the management company or HOA about the change of owner.

Sample deed of transfer to the contract

The transfer deed is drawn up in 2 copies , one for each participant in the transaction, and if the property is purchased with a mortgage , then another one is additionally drawn up for the bank. The document is drawn up in any form in writing . There is no need to register the document. At the request of the parties, the document can be certified by a notary.

The transfer and acceptance certificate must include :

  • Title of the document;
  • date and place of compilation;
  • passport details of the parties to the transaction;
  • information about the absence of claims;
  • a link to the purchase and sale agreement indicating its number and date of preparation;
  • signatures of the seller and buyer with a transcript.
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At the request of the parties, the document may indicate a list of submitted documents (technical passport, plan, etc.), as well as the number of keys provided.

When an apartment is purchased with a mortgage, when drawing up the transfer document, first of all you need to pay attention to the date of its signing. This is important for processing a tax deduction - when purchasing an apartment in a new building under the DDU, the right to a tax refund arises after signing the act .

If the buyer takes out a mortgage loan , the borrower bank will definitely require that, along with an extract from the Unified State Register of Ownership, a transfer and acceptance certificate is provided, according to which the property was transferred to the current owner. This is necessary in order to reduce the risk of losing collateral.

Transfer deed to the purchase and sale agreement in a new building

The transfer deed for an apartment in a new building is drawn up by the developer. The document is an appendix to the equity participation agreement (DPA) and is drawn up in 3 copies : for the developer, the buyer and Rosreestr. The document must be affixed with the seal of the construction company.

Before signing the document, the shareholder must conduct a preliminary inspection of the premises and record all his claims to the quality of the transferred property in an inspection sheet - a special appendix to the acceptance document.

The inspection sheet records:

  1. Defects in external and internal finishing.
  2. Inconsistency with the declared area of ​​the room.
  3. Lack of elevators.
  4. Improper installation of communications.

The developer is obliged to eliminate all deficiencies within the time period agreed upon by the parties or compensate them financially, after which the apartment is accepted again. The signed document indicates that the developer has fulfilled his obligations to the shareholder. Defects that were not identified during the inspection of the premises will have to be corrected by the shareholder at his own expense .

The act of acceptance and transfer of an apartment in a new building must contain:

  • passport details of the buyer and details of the developer;
  • full residential address;
  • a list of deficiencies identified during the inspection and the time frame for their elimination;
  • liability of the developer in case of failure to fulfill its obligations.

Sample transfer document and inspection sheet

When selling and buying secondary housing

The transfer document for the purchase and sale of housing on the secondary market must indicate:

  • exact characteristics of the subject of the transaction (address, square area, number of rooms, floor, etc.);
  • information about settlements between the seller and the buyer;
  • absence of debts on utility bills, as well as meter readings (if there is a debt, the obligation to pay lies with the former owner of the apartment);
  • technical condition of the living space (type of repair, condition of plumbing, ceilings, availability of communications, etc.)

The essence of the transfer document in the secondary market is the transfer to the buyer of an apartment in the condition that was recorded in the purchase and sale agreement. The act is signed after a visual inspection of the property and verification of payment of rent bills.

If, upon acceptance of the apartment, serious technical deficiencies are discovered in it, the buyer has the right not to sign the certificate until they are eliminated . If the seller refuses to resolve the claim, the buyer can go to court and demand a refund.

The Civil Code of the Russian Federation directly indicates the need to draw up a transfer document when concluding a purchase and sale transaction. If the document is not drawn up, the apartment is considered not transferred to the buyer. After signing the deed, the owner gets the opportunity to use his property, and the seller is relieved of the obligation to pay utility bills.

The document serves as additional evidence that the requirements under the purchase and sale agreement have been met, in addition, the document can help the owner avoid some risks.

If the seller refuses to sign the transfer deed or if significant deficiencies are identified in the purchased property, the buyer has the right to go to court to terminate the sales contract and return the money paid.

If real estate was acquired under an equity participation agreement, the absence of a transfer deed is grounds for Rosreestr’s refusal to register ownership rights.

Transfer deed to the apartment purchase and sale agreement in 2023 - sample, when signed, download, form, for a mortgage

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Purchasing real estate today is a process that has a number of different nuances and features. It is important to take the procedure as responsibly as possible. Especially to the process of transfer of ownership, documentation and actual acceptance of real estate.

General provisions

The process of drawing up a purchase and sale agreement is relatively simple, but has a number of subtleties and nuances. It is best to familiarize yourself with all of them in advance. Since there are quite a lot of scammers in the real estate sales industry.

As a result, there is a high probability of problems arising. One of the methods of protection is the execution of a purchase and sale agreement, equipped with special additional documents - a transfer deed.

A sample deed of transfer for an apartment purchase and sale agreement can be downloaded here.

Such a document simultaneously solves a whole list of different tasks. First of all, this concerns the protection of the rights of the buyer and the seller himself. It establishes and records the condition of a specific property at the time of its acquisition.

This way it will be possible to avoid all sorts of problems. The form for the deed of transfer under the apartment purchase and sale agreement can be easily found on the Internet, and then filled out yourself.

What it is

This type of document solves a number of problems at once; its design must be taken as responsibly as possible. Because this is the only way to avoid problems when preparing documents in the future. It must be remembered that the compilation procedure can be carried out independently.

The deed of transfer today primarily solves the following problems:

  1. Allows you to determine the technical condition of the property at the time of purchase.
  2. Provides an opportunity to protect the rights of the buyer and seller.
  3. It is a guarantee of the honesty of citizens.

The deed of transfer to the contract for the sale and purchase of an apartment under a mortgage is not drawn up optionally, but mandatory. This requirement must be met. Otherwise, the bank simply will not complete the transaction and will not allocate sufficient funds. As a result, there is a high probability of cancellation of the acquisition procedure.

Compiled by

Participants in the formation of this document may include:

Indicators Description
Directly the buyer himself if he carries out the purchasing process independently
Salesman property owner
Legal representative of the buyer or seller if the acquisition of real estate is carried out under a notarized power of attorney
Bank representative if there is a purchase with a mortgage

All the nuances and subtleties of the process will need to be sorted out in advance. This is the only way to avoid recognizing a document as void from a legal point of view. There are standard rules for drawing up this document.

In some cases, a bank representative is present. He reviews this document and checks its correctness. If there are errors, they are corrected.

In case of representation of interests by a third party, a notarized power of attorney is required. Especially if you are purchasing a mortgaged property. It is important to note that this process has certain nuances and difficulties.

All this together makes it possible to avoid a variety of difficulties and difficulties. The best solution is to seek legal advice if you do not have the proper experience in drawing up such documents.

Today there are a large number of realtors and other specialists in this field who offer their services for completing a transaction.

For example, in Moscow, the following consultations have proven themselves to be positive:

Company name Location address contact phone number
Free legal advice via hotline and in the office Raduzhnaya st., 3k2/48, Moscow, 129344 8 (800) 775-38-31
Legal consultation st. Novopeschanaya, 7, Moscow, 125057 8 (985) 045-08-25
Legal consultation st. Stalevarov, 14 building 2, Moscow, 111555 8 (926) 598-38-37
Free legal advice Nizhny Kislovsky lane, 8/2с2, office 531, Moscow, 125009 8 (985) 045-08-25
Interregional Legal Consultation Saikina st., 13 building 1, Moscow, 115193 8 (495) 679-35-76

The presence of legal advice and the participation of a specialist will help prevent problems and difficulties, the most common mistakes that may occur when drawing up the act. That is why it is important to ensure that such consultation is available in advance.

Where to go

If you have no experience in inspecting residential real estate, you should familiarize yourself with possible problems in advance and prepare.

The process of acquiring real estate and preparing documents involves contacting the following institutions:

  1. Legal consultation.
  2. Realtor, intermediary.
  3. Builder.

Moreover, the presence of an experienced builder will help identify all the shortcomings of the property. Sometimes they are hidden, simply invisible to an unprepared person. In such matters a certain competence is required. Therefore, if possible, you should invite a qualified worker to perform the inspection.

Features of compilation

The compilation process itself is relatively simple, but has some important features and subtleties. Moreover, all of them will need to be sorted out in advance. First of all, this concerns specifically the format of this document. Since there is no single, established model. As a result, many different difficulties and problems arise due to the lack of standards.

Before you begin registration, you should familiarize yourself with the following basic questions:

  • necessary conditions and requirements;
  • what it contains;
  • when he signs;
  • what documents will be required;
  • important aspects;
  • what is regulated.

Prerequisites and requirements

The compilation process itself usually does not cause any difficulties. Nevertheless, there are some nuances. Conditions and requirements are established.

These currently include the following:

Indicators Description
The document itself can be in written or printed form but the second is preferred due to its simplified format (for example, banks do not encourage filling out documents in writing)
Free document format but it is necessary to include some mandatory items in it
Bilateral signing required signature decryption is required

The process under consideration has a number of different subtleties and nuances. If you lack experience, the best solution is to entrust the drafting of the document to a qualified lawyer. This is the only way to prevent various mistakes. Moreover, there are a number of typical ones.

It is important that all information reflected in the document is reliable. It is not permitted to indicate false or inaccurate data. This may cause the document to be invalidated.

The act itself necessarily includes the following main points:

  • Title of the document;
  • city ​​of registration, date of preparation;
  • reference to the norms of legislation on the basis of which the drafting takes place;
  • list of documents available;
  • exact address of the property;
  • a listing of all the shortcomings, as well as the main parameters of the apartment itself;
  • designation of the presence/absence of claims by the buyer against the property;
  • the total number of copies compiled;
  • date and signatures with transcripts.

When subscribed

This document is signed before the purchase and sale agreement is signed. The main reason for this is precisely the sequence of actions.

Since if the funds have already been transferred for the purchase, but problems are discovered, it will be extremely difficult to return the money. In some cases it is simply impossible. That is why this issue needs to be worked out in advance. And also familiarize yourself with legal regulations.

What documents will be required?

To draw up such an act, you will need to prepare a number of documents. These today include the following:

Indicators Description
Passports buyer, seller and other citizens participating in the transaction
Notarized power of attorney
A document for the property itself, the acquisition of which is carried out
Other documents of necessity

Video: document overview

Important aspects

The most common mistakes made when drawing up a transfer deed:

  • there were typos, blots when indicating details, etc.;
  • the document itself was drawn up on one day, but signed on another;
  • There are errors in the first name, last name and other data.
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It is important to note that there is no need to register this document. But if possible, you should familiarize yourself with all the intricacies of the drafting procedure and obtain legal advice. This is the only way to avoid various problems and difficulties.

What is regulated

The main regulatory document defining this moment is the Civil Code of the Russian Federation. This issue is regulated precisely by Article No. 59 of the Civil Code of the Russian Federation.

Moreover, the presence of violations in this act, non-compliance with the standards of the Civil Code of the Russian Federation may cause the document to be declared invalid. It is important to work out this moment in advance.

The regulatory documentation reflects all the necessary information.

The process of drawing up an act under a purchase and sale agreement must be carried out within the framework of legislative norms - otherwise there is a high probability of it being declared invalid. Which will lead to the impossibility of using it in court to protect one’s own rights.

Attention!

  • Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
  • All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

That's why FREE expert consultants work for you around the clock!

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Transfer act to the purchase and sale agreement 2023

The purchase and sale of real estate is a process that leads to a change of ownership . The transaction includes several main stages, among which the transfer of real estate from the seller to the buyer is considered very important.

It is not at all difficult to draw up a deed of transfer for an apartment purchase and sale agreement if you adhere to the general rules set out by law.

What it is

In itself, a citizen’s right of ownership to housing of a heterogeneous type. According to lawyers, it is formed from several powers:

  • power to own;
  • right to use;
  • the right to dispose.

To own means to practically possess, to use means to be able to exploit a residential premises for its intended purpose (live in it, rent it out, etc.).

The power of disposal is translated as the ability to choose a legal destiny - to sell, give away for free, pledge, bequeath, and so on.

The first two powers appear to the consumer during the actual transfer of housing to him. The right of disposal appears during the period of official registration of ownership in the Unified State Register of Real Estate.

It is to confirm the actual type of transfer of housing (and therefore the basic rights of the owner) that a transfer document is needed. It certifies that on the specified date the seller actually handed over the apartment to the citizen, and the buyer inspected it and accepted it.

The significance of the act is great:

  • contains information about the condition of the apartment on the day of transfer - technical type, readiness for occupancy, types of finishing, redevelopment;
  • it must contain information about all movable property given along with the apartment (for example, furniture);
  • from the day the deed is signed, the buyer becomes the owner - now he bears the risk of destruction or deterioration of the housing;
  • closes the seller’s obligation in terms of transfer of living space;
  • the main judicial type evidence for real estate disputes together with the DCP.

The risk of deterioration or destruction of property means that in the event of, for example, flooding by neighbors, all losses will be borne by the buyer. And he will also have to sort out the problem with the neighbors.

There is no need to confuse transfer and state registration in the Unified State Register of Real Estate - these are different processes aimed at creating a full range of rights for the buyer.

ATTENTION! A transfer deed is needed for any work with real estate, not just apartments. Therefore, to the question, when purchasing another property (for example, a house), is a deed necessary, or should a transfer document be drawn up, the answer is yes.

Receiving a transfer document, which contains information about the fact of transfer of housing, is mandatory. But such a document can be not only a deed of transfer, but also the contract itself. It all depends on how everything is written in the contract.

Option one. The agreement directly states that the transfer of housing is formalized by a transfer and acceptance certificate, for example:

“In accordance with Art. 556 of the Civil Code of Russia, when transferring the specified property, the parties draw up and sign a transfer-type act.” If the text of the agreement contains this condition (even without mentioning the articles), a separate document is required. Without it, the contract will not be considered official.

Option two. The contract states that the transfer functions are carried out by the contract itself, something like this:

“A valid purchase and sale agreement is considered at the same time as transfer documentation within the meaning of Art. 556 Civil Code of Russia. By signing the agreement, the Seller transfers and the client accepts the property.

This condition frees participants from creating separate transfer documentation. The transfer in such a transaction is confirmed by the agreement itself. This situation is considered completely legal, but it does not serve the interests of the buyer, because the agreement rarely describes the condition of the property in detail.

Option three. If the agreement is without a transfer order, it is necessary to draw up a deed. Without transfer documentation, such a transaction is not completed. It turns out that when buying a room under a purchase and sale agreement, the real estate transfer transaction should be formalized in a separate act.

Procedure for mandatory registration of documentation

Current laws state that a purchase and sale agreement must undergo a mandatory state registration procedure. In addition to registering this agreement, the competent authorities also register the fact of transfer of ownership from one person (seller) to a second person (buyer).

IMPORTANT! A change in ownership of real estate is registered, based on documentary evidence of the actual transfer of the property to another owner, drawn up in the form of a deed in the established format.

As soon as all persons have signed the document, the buyer receives the status of a full-fledged owner of the property, thus, he has the entire set of responsibilities and rights that come with owning real estate.

Sample 2023

Download a sample act for a purchase and sale agreement

The established standard form of the deed of transfer for the sale of real estate is not provided for by law . You can do everything in free form from scratch or use forms that can be found on the Internet. There are the following samples:

  1. standard type;
  2. act of transfer of housing with furniture or equipment;
  3. sample with a condition for payment by installments;
  4. option for mortgage purchase.

In a situation where there is no suitable document among the above documents, you can solve the problem and take a standard type of deed of acceptance of the transfer of real estate upon sale - a sample, and add any condition to it.

Requirements

There are rules regarding the mandatory signing of a document by both parties. It follows from this that the act must be drawn up in writing in 2 copies.

The main text of the document can be of a free type, but the act must in any case contain: the date and place of signing. Information about the seller and buyer, certifying that these are the persons who signed the document.

Characteristics of housing (qualitative and quantitative type). Grounds for transfer of real estate. Information about the absence of claims from the seller and the client. Signatures of all persons. Now the act must include information about the absence of arrears in payment for housing and communal services and communication services. A surprise in the form of huge sums that need to be paid for the former owner will not be pleasant.

How to accept real estate correctly

The inspection must be done in a consistent manner to note all the features of the property at the time of transfer. For a complete examination, it is better to follow the following step-by-step actions:

  1. Check the visual condition of the finishing of the premises, the condition of the floors, ceilings and walls - evaluate the finishing in terms of suitability for living.
  2. Inspect all utility systems for operability : electricity, water supply, sewerage, heat, gas.
  3. Separately inspect the bathroom and kitchen to check for mold and mildew.
  4. Inspect openings and window sills for cracks .
  5. Windows and doors also need to be checked to ensure they open and close smoothly. There should be no gaps.
  6. Check the housing layout with the special BTI plan.
  7. Take readings from metering devices at the time of transfer of housing - write this down in the act.

Basic recommendations to consider when accepting:

  • When checking, you need to pay attention to ensure that there are no unpleasant odors or sounds.
  • It is better to carry out the survey during the day to assess the extent of natural light.
  • You need to find out which cardinal directions the windows are facing.
  • If the inspection is carried out in winter, you need to check whether there is a draft from the windows.
  • After checking the inside, it is better to also evaluate the location of the apartment on the landing, especially in terms of storm drains. If the storm pipe is close, then flooding is likely during rain.

What not to do:

  1. use general wording in a document, for example, “ The apartment was accepted in the condition it was in ”;
  2. change meter readings;
  3. sign the document retroactively;
  4. signing a deed without actually inspecting the property - it will be difficult to make claims to another person later.

Taking into account the above tips, the acceptance should go well. The transfer document plays one of the important roles in terms of formalizing the purchase and sale transaction.

When drawing it up, it is necessary not only to conduct a full inspection of housing or equipment, but also to record the results of this inspection in a report. Failure to sign the act will entail dangerous legal consequences, including cancellation of the agreement.

Deed of transfer under an apartment purchase and sale agreement sample 2023 download in Word

Transfer deed under a real estate purchase and sale agreement

1. In accordance with the real estate purchase and sale agreement No. dated " " 2023 (hereinafter referred to as the “Agreement”), the Seller transfers the property specified in clause 2 of the Act, and the Buyer accepts the specified property.

2. Under this Act, the following real estate is transferred to the Buyer: 2.1. total area of ​​sq.m., certificate of state registration No. dated " " 2023, entry in the Unified State Register No. dated " " 2023, location: , cadastral number.

6. This Act is drawn up in three copies, one of which is transferred to the Seller, the second to the Buyer, the third to.

The act of acceptance and transfer of an apartment for sale: features of filling

The transfer deed is an annex to the transaction agreement and has the following functions: It is necessary to take into account the fact that the dates of signing the transaction agreement and the transfer deed may not coincide.

The second is sealed with the signatures of the parties only upon the actual transfer of the apartment.

The transfer deed must contain the following information: 1. Date and place of preparation. 2. An indication of the agreement, whose annex is the act. Date and number of the purchase and sale agreement.

3. Details of the parties to the transaction. This clause fully complies with the contract; full information about the participants on the part of the seller and the buyer is indicated. 4. Data about the subject of the transaction. All characteristics inherent in the transferred apartment must be present:

  • type of housing (apartment);
  • full address;
  • general and residential area;
  • number of rooms.

Here you can also write down clarifying points regarding the object, indicating the floor where the apartment is located, and the number of storeys of the building as a whole, the levels of the apartment itself, if present, etc.

In short, all the data taken from the extract from the Unified State Register of Real Estate. 7. Signatures of the parties to the transaction.

Signing occurs by all persons specified in the clause of the parties to the agreement and confirms the transfer of the apartment into the possession of the new owner.

Notarization of signatures is not required. In the transfer deed, you can indicate that the keys to the property have been transferred to the buyer and the number of sets.

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Filling out the transfer deed usually does not cause any particular difficulties, since the main details can be taken from the transaction agreement. But it is important to know how to correctly describe an object, or rather an apartment, in order to most accurately specify all the points.

Civil legislation does not list the characteristics that should be used to describe an apartment in the transfer and acceptance certificate.

However, legal completeness implies the presence of the following data: Still have questions? Find out how to solve exactly your problem - call the hotline right now or write to the consultant below.

Acceptance certificate - transfer of apartment, sample for drawing up

  • An apartment transfer acceptance certificate, a sample for drawing up yourself, will help you correctly draw up this important document.
  • After all, it is not enough to “sign off” an apartment; it is very important to actually transfer and accept it.
  • For those to whom the notary did not provide the Transfer and Acceptance Certificate or asked for an additional fee for drawing up this simple but important document, this article is for you.

A sample apartment transfer acceptance certificate can be downloaded here.

But first, let me give you a few clarifications on this document.

The act of acceptance and transfer of an apartment, like any other real estate, is a mandatory document.

The Sale and Purchase Agreement must stipulate the preparation of a Transfer and Acceptance Certificate. However, the purchase and sale agreement itself may include a deed of transfer.

Most often, this is a separate document. Watch the video consultation: The transfer and acceptance certificate may be dated later than the agreement, that is, the date of actual transfer of the apartment. Moreover, this important circumstance must be spelled out in the purchase and sale agreement.

If this note is not in the agreement, the Transfer and Acceptance Certificate must be submitted to Rosreestr along with the purchase and sale agreement, otherwise the registrar will suspend the registration and request that this document be delivered. Of course, a universal sample does not contain all the terms of your transaction.

  1. Therefore it is necessary to correct it.
  2. It is appropriate to add the fulfilled conditions of the purchase and sale agreement to the Transfer and Acceptance Certificate.
  3. Only the gift deed is transferred to Rosreestr.

Read this useful article: A deed of gift for an apartment from a notary is expensive, how to save money. There are several important reasons to separate the agreement for the purchase and sale of an apartment and the purchase and sale of furniture, to separate movable property from the real estate property. Therefore, you should not include furniture, household appliances and interior items in the Apartment Acceptance and Transfer Certificate.

Important points in the Acceptance and Transfer Certificate of an apartment from the developer are:

  • Apartment address, if it does not match the address in the DDU - ask for an explanation
  • The area of ​​the apartment is in accordance with the Cadastral passport, which must be issued by the developer
  • Confirmation of full payment of the DDU or mortgage

Do not sign the Transfer and Acceptance Certificate until your comments have been eliminated or an agreement has been drawn up to eliminate the comments.

Example of an Apartment Acceptance and Transfer Certificate from the developer

Contract of sale of an apartment

AGREEMENT OF PURCHASE AND SALE OF AN APARTMENT City of Zheleznodorozhny, Moscow region We, ______________________________________________________________, _______________ born.

, place of birth: ______________________________________________________________, citizenship: ____________________, gender: __________, passport: ___________ No. _______, issued: _____________________________________________________, _____________ year, department code: __________, registered at the address: ___________________ ________________________________________ hereinafter referred to as the Seller, and __________________________________________________________, _______________ DOB, place of birth: _______________________________________________________________, citizenship: ____________________, gender: __________, passport: ___________ No. _______, issued: _____________________________________________________, _____________ year, department code: __________, registered at the address: ___________________ ________________________________________ referred to as( a) hereinafter the Buyer, have entered into this agreement as follows: 1.

The Seller sold and the Buyer bought ownership of an apartment located at the address: _____________________________________________________________________ 3. The above apartment consists of 1 living room(s), has a total area of ​​34.3 sq.m.

, including 21.0 sq.m. living space 5. The seller guarantees that the specified apartment has not been alienated to anyone else, has not been mortgaged, has not been leased, is free from the rights of third parties, is not in dispute and is not under prohibition (arrest).

7. No one lives in the specified apartment and is not registered. 10. The buyer is not in a registered marriage at the time of purchasing the apartment.

13. The costs of registering this agreement and transferring ownership are paid by the Buyer. 14. This agreement is drawn up in three copies, one of which is kept in the Office of the Federal Service for State Registration of Cadastre and Cartography for the Moscow Region, one each - with the Seller and the Buyer.

Samples of Acceptance and Transfer Certificates (cars, apartments, property)

The legislation does not define a specific form or sample of the transfer and acceptance certificate.

Therefore, it is drawn up taking into account the peculiarities of a particular transaction.

Acts can be adjusted depending on the specific situation and needs. It is recommended to consult with a lawyer when concluding a transaction and drawing up the text of the transfer and acceptance certificate and the contract (if any). An act (from the Latin actus - action) is an official document that states an action or a fact of economic life and is signed by authorized officials.

However, there are a number of fields that, as a rule, are always present in the document: • parties to the transaction (Name of legal entities, details, addresses and/or full names, residential addresses, passport details of the parties, contact numbers, etc.); • basis for signing the act: data of the main agreement (number, date, registration number (if any), etc.); • purpose of transfer: for possession, for safekeeping, for temporary use, etc.

• information regarding detected (or not detected) defects of the transferred or received goods; • possible claims from one party to the other regarding the above aspects of the transfer; • total cost of transferred (received) objects; • signatures of the parties / seal of the organization (if available). • information about the absence of mutual claims; • other fields and information.

  • The item of reception and transmission must be uniquely identified.
  • At the time of transfer and acceptance, the receiving person must check the presence, quantity and external condition of the object, and check that there are no faults.

Independent experts can be involved in assessing the technical condition of the object of the act. In this case, their signatures are also placed on the document, and information about them is given in the text.

Transfer and acceptance certificate for the sale of an apartment

The transfer and acceptance certificate must be drawn up correctly, including information about the seller and buyer, the object of the transaction and other information.

Also, along with the transfer deed, a number of documents are transferred that confirm the ownership of the new owner of the apartment. In order to avoid problems with registering rights to real estate, as well as with the transfer of risks, it is necessary to insist on signing the act, and in case of disagreements with the other party, try to resolve them.

The apartment is considered transferred (unless otherwise provided by law or agreement) only after two conditions are met:

  • delivery of property (for example, handing over keys);
  • signing the transfer document.

The law directly provides for the need to draw up an act of acceptance and transfer of property, however, registration of ownership by the relevant body in some cases can occur without the parties submitting such a document.

The deed usually indicates in what condition the buyer accepts the apartment or actually begins to use it, and it must correspond to the condition specified in the purchase and sale agreement. The law does not prescribe any requirements for the content of the act, except for the obligation to draw up such a document in writing.

It is best to include the following information in the text of the act: A sample act of acceptance and transfer of an apartment is as follows: After drawing up the act, it is necessary to indicate the date of its signing, as well as put the signatures of the parties to the transaction.

Based on the results of the transaction for the purchase of an apartment, the buyer must prepare a package of documents that confirms the acquisition of such property.

The buyer must have the following set of documents: It is advisable to indicate all of the above documents in the transfer and acceptance certificate in order to confirm the fact of transfer of the specified documents. Civil Code of the Russian Federation in Art.

556 directly provides for the need to draw up a transfer deed.

Otherwise, the property will not be transferred.

In addition, without a transfer deed, difficulties may arise in registering ownership of an apartment (for example, in

Moscow, where Rosreestr requires the provision of such a document). In this regard, the transaction had to be terminated, and the money already paid had to be returned to the failed buyer.

Is a transfer deed required for an apartment purchase and sale agreement in 2023?

  1. Legislative acts do not provide a standard sample for filling out an apartment certificate and specific requirements for its text.

  2. However, legal, commercial and judicial practice has established certain data that must be contained in the text of the act.

  3. Such information is: In addition, the transfer and acceptance certificate may also contain the following information:
  1. a list of defects identified during the inspection;
  2. the presence of cosmetic or major repairs;
  3. general condition of the apartment and suitability for living;
  4. current values ​​of water, electricity, gas meters;
  5. the presence or absence of debt for utilities.

In each specific case, the act may include other significant

Transfer deed

Citizen of the Russian Federation (full name) ________________ (passport: series ____, N ___, issued by __________________), hereinafter referred to as the “Seller”, on the one hand, and (full name)_________________________________ (passport: series ___ N _____, issued by ______________________), hereinafter referred to as The “Buyer”, on the other hand, has drawn up this deed of transfer as follows: 1. In accordance with the real estate purchase and sale agreement dated “___”_________ _200_.

(hereinafter referred to as the “Agreement”) The Seller transfers the property specified in clause.

2 of the Act, and the Buyer accepts the specified property. 2. According to this Act, the following real estate is transferred to the Buyer: 3. The transfer of ownership is registered.

Registration certificate No. ________ dated "___"_______ 20__, entry in the Unified State Register No. _____ dated "___"_______ 20__ 3. In accordance with clause 3 of the Agreement, the Seller is considered to have fulfilled its obligations to transfer real estate into the ownership of the Buyer after signing this Act and state registration of ownership of real estate in the name of the Buyer.

4. The Seller gave the Buyer a set of keys to the front door, as well as receipts and invoices for utility bills.

5. This Act is drawn up in two copies, one of which is kept by the Seller, the second by the Buyer.

Seller: ____________________ /_______________/ Buyer: __________________ /_______________/ is not subject to state registration and therefore is not required in the set of documents submitted for registration of the agreement.

The seller must give you the apartment in the same condition as it was at the time of viewing (plumbing equipment, doors, windows, locks must be in place).

Along with the apartment, you must be given the keys to it and books for paying utility bills and telephone services.

If everything is in order, you can sign the transfer deed. The parties’ evasion from signing the deed of transfer (another transfer document), as well as the seller’s evasion from delivery, and the buyer from accepting the property, is recognized as a refusal to execute the contract.

Apartment acceptance certificate

must be signed in addition to the contract of sale or donation of real estate.

This document for 2023 consists of the following points:

If the previous owner has arrears in paying utility bills, this should be indicated upon purchase. If there is none, this can also be mentioned.

confirms that the money was delivered to the previous owner. As an example for 2023, enter:

“The buyer handed over, the seller accepted the amount in the amount of..., the keys were handed over, the parties have no claims”

.

Additionally, you can specify the details of the receipt indicating the transfer of funds (for cash payments). If the amount is transferred by bank transfer, it is worth entering the details of payment documents.

Transfer deed to the apartment purchase and sale agreement (sample) 2023 Link to main publication
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