Act of acceptance of the share of the dwelling (model)

The main "housing debate " on the sale of shares "Act of acceptance/transfer of the share of the dwelling

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Reimbursable disposal of the share of the dwelling involves not only the conclusion of a sales contract, but also the drafting of another binding instrument –Date of receipt of the transferOnce the transfer document has been signed, the mutual obligations of the seller and the buyer are considered to have been fully complied with.

Why do you need a reception-transfer certificate?

Article 556 (1) of the Code of Criminal Procedure provides that a transfer certificate must be issued. This document is an addition to the main contract for the sale of real property. In the absence of a transfer document, the transaction can easily be declared null and void by the courts.

The transfer of both the property in proper condition and the documents in respect of the property is one of the seller's most important obligations, and the buyer has its obligations under the sales contract.

He should be aware of the current state of real estate and be willing to accept it.

These are the provisions related to:Transfer and acceptance of assetsis reflected in the transmission document.

In most cases, the act of reception and transfer is signed after the main contract is registered in Rosreestre or IFC; however, in some constituent entities of the Russian Federation, government officials may require the parties to produce a signed transfer document together with a standard package of documents.

As a result, there is a legal confusion, which means that the seller transfers its property to the buyer before the buyer becomes the new and full owner of the property (based on the EGRN database).

In order to avoid misunderstandings, the parties should include the following provision in the basic contract: "the actual transfer of the share and the signature of the transfer document will be made only after the re-registration of ownership rights".

If Rosreister or IFC staff require the parties to provide an already signed transfer certificate, the parties to the transaction will simply have to refer to this paragraph of the basic contract.

The certificate of acceptance/transfer of the share is necessary to ensure that the buyer finally receives from the seller:

Subject matterExplanations
The share of the dwelling itself.
Keys to the apartmentin equity property and described in the main contract of sale. This is not only about the key to the front door, but also about the key to the mailbox, as well as the keys to other objects to which the previous owner (Seller) had access.
Property in the apartment. Together with the share of the dwelling in the ownership of the new owner (buyer), furniture or household appliances formerly owned by the previous owner (Seller) may be transferred, the same applies to the common property of all co-editors (Internet, cable television, security alarms, etc.). In this case, the text of the main contract must contain, in addition to the description of the main subject matter of the transaction (participants), a description of such property.
Documentationthe share of the dwelling and/or the property. These include:
  • Public utility bills confirming the absence of debts up to the time of the direct signing of the transfer certificate and the transfer of the property.
  • Passports for measuring instruments that automatically account for the water, electricity or gas consumed.
  • Documents for valuable property (e.g., large household appliances, furniture, etc.) if they move to the new owner together with the share of the right of common share ownership of the dwelling.

Formulation and signature of the act of reception and transmission alsoTransfers possible risks from the seller to the buyerIf previously the seller had to be responsible for flooding, fire and other force majeure, then after signing the transfer certificate, the buyer would be responsible for all of this.

An example.Shortly after the seller and buyer signed the receipt certificate, the pipe burst into the apartment.

The transfer certificate has already become fully valid and the buyer has not been able to bring any claims against the seller.

From a formal point of view, the buyer voluntarily agreed to accept the flat (or part of it) in an inadequate condition (in this case, a defective water supply).

To keep yourself safe from such situations, the buyer needs:: To examine the accommodation on its own and carefully;as well asTo ask the seller in detail about the current state of real estate.

The buyer may seek the assistance of an independent real estate expert. During the examination or discussion of the details, the buyer may have doubts as to whether the dwelling is in an acceptable condition.

Then it is best not to rush ahead with the signing of the transfer document, but rather to insist that the seller correct all deficiencies within a reasonable time frame.

How the certificate of admission/transfer of the share of the dwelling is drawn up

The transmission document is prepared in three original copies, one for the seller, the buyer and the Rosreister (or the IFC).in............................................................................. in writingA notary ' s certification of a transferable act is a non-binding condition; if the parties so wish, they may certify the document in the notary ' s office.

Although the certificate of acceptance/transfer does not have a State model, it is recommended that the following information be included:

  • The name of the document itself;
  • Place and date of compilation;
  • FIO, passport, date and place of birth of the seller and buyer;
  • Reference to the main contract (number given and date and place of conclusion);
  • Description of the subject matter of the transaction (the amount of the share as well as the address, area and current state of the common dwelling);
  • Additional property transferred to the new owner together with the share of the dwelling (list of furniture or household appliances with technical specifications - e.g. "mark fridge... in good condition, white, dimensions...**... see").
  • Paragraph on the absence of mutual claims between the seller and the buyer (including material);
  • A point confirming that the buyer has received all the keys to the dwelling;
  • Paragraph on the absence of debts for utilities and maintenance;
  • A reference to the fact that, in the event of the discovery of debts for utility payments and/or maintenance, the seller would have to pay them on its own;
  • A point confirming that the buyer pays the full value of the share (value indicated in figures and in writing);
  • A paragraph confirming compliance with the terms and conditions of the basic treaty by both parties;
  • The signatures of the parties to the decryption transaction.

The act of reception/transfer must not only be produced when the share of the dwelling is sold; this document is also required when the property is transferred to the new owner by means of the sale of the share of the dwelling.♪ Men ♪orGifts.

The transfer document is standardized, with only the difference that "Seller/buyer" will be replaced by "Party 1/Party 2" (when the contract is concluded by the man) or by "Great/Great" (when the contract is concluded).

Such transactions do not involve the payment of money.

The following document may be a model of the transmission document.

Акт приема передачи доли квартиры (образец)To download a sample of the certificate of acceptance/transfer of the share of the dwelling

How the state of the dwelling or its share is described

A description of the current state of real property may be provided in any format (in the form of a text, a table or a list).The real factswhich were obtained during the inspection of the accommodation and the inspection of the various communication systems.

In particular, special attention should be paid to:

  • Sanitation, water supply in the kitchen and bathroom, electrical wiring;
  • Integrity of the fixed telephone;
  • The general condition of the apartment and its constituent parts (entry and inter-room doors, window and door openings, walls, ceiling, floor, decorative elements, etc.);
  • The quality of the property in the apartment and the new owner ' s ownership after the disposition (integral shelves, cupboards, couches, household appliances, etc.).

In the text of the transmission document, it is necessaryYou've been brought in. Technical specifications onlyandOnly clear estimates were usedFor example:

  1. "Great state" – the object or system is in good condition, with no apparent or hidden defects.
  2. "Good state" – an object or system has minor deficiencies that do not interfere with its normal functioning.
  3. "Satisfaction" – an object or system is in working order but has significant defects; for example, in an apartment shared by several co-owners, there may be water supply problems (uneven pressure, long waiting for heating, etc.).

If there are objective defects in the dwelling that are recognized by both the seller and the buyer, they shall also be described in the immediate text of the document ("infection of the kitchen extractor", "in the presence of numerous punctures and cracks in the cafeteria in the bathroom" etc.).

Buyer ' s Right- to find out about any deficiencies in the property to be disposed of before signing the transfer certificate and the final transfer of ownership.Buyer ' s duty- it is in its own interest to take all possible measures to detect such deficiencies.

It is important to understand that the transfer document is only an addition to the underlying contract of the transaction, which should already contain a primary description of the property to be disposed of.

Prior to the drafting of the basic contract, the parties were expected to inspect the dwelling and the buyer arranged the condition of the real property (including its possible defects).

When a buyer signs a transfer document, it acknowledges the following facts:

  1. He knew about these flaws.
  2. These deficiencies did not arise because of the seller ' s fault or during the period between the contract and the immediate transfer of the apartment.

In other words,The acceptance-transfer act should simply encapsulate a transaction to dispose of the property..

The buyer does not have the right to unilaterally refuse the entire procedure at the final stage, arguing that it is not satisfied with any defects.

All this in one way or another should have been agreed at previous stages of the transaction and reflected in the main contract; therefore, the buyer may only require the seller to remedy the defects within a reasonable time.

If a party does not agree to sign the transfer document and conclude the transaction, the situation will be resolved only through a judicial procedure.

  1. The seller does not agree to correct the deficiencies because it is costly.
  2. The seller does not agree to correct the deficiencies because this has not been discussed or specified before (i.e. in previous stages of the buyer ' s transaction, everything was fine).
  3. The defects arose after the signing of the contract, i.e. the buyer did not know or could not have known of the defects before; but the seller refuses to correct them.

Nuances in drawing up the certificate of acceptance/transfer of the share of the dwelling

In some cases, the drawing up and signing of the transmission document will take place in accordance with certain rules and standards, as follows:

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The Deal is carried out by the Guarantor

It is not the person himself (Seller/buyer, Grantor/Grantor, etc.) who may be involved in the disposal transaction.Trust person.

Such a citizen must act only on the basis ofa notarized power of attorney,which clearly describes the scope of its powers and responsibilities.

It must be specified whether the Secretary-General has the right to sign the transfer document or not.

The trustee may participate in the procedure for drawing up and signing the transmission document on the basis of:

  • A separate power of attorney created specifically for this purpose;
  • The main power of attorney, which provides for the general involvement of the trustee in a transaction to dispose of a particular real property (i.e., in addition to the drafting and signing of the transfer certificate, he could already draw up with the buyer the main sales contract, discuss the details, inspect the apartment, etc.).

The text of the transmission document shall contain personal information about both the trustee and his trusted person.

For example, in addition to the FIO, the year of birth, the place of birth and the passport information of the seller, it also indicates the FIO, the year of birth, the place of birth and the passport information of the trustee.

It should be mentioned in the document that representation is based on a power of attorney (with its number, date and location).

One of the parties to the exchange for the recovery or free removal of the share of the dwelling may be a minor child, a disabled or a disabled citizen, and this is how the transfer certificate is signed in these situations:

  1. In the event that the party to the transaction has not yet reached the age of 14, all legal acts for it (including the signing of the transfer document) are carried out by his or her legal representatives, including parents (native or foster), guardians and guardians.
  2. In the event that the party to the transaction belongs to the category of incapable or disabled citizens, the legal representatives of the party are responsible for signing the transfer document.
  3. When a minor is between 14 and 18 years of age, he or she signs the transfer document, but his or her legal representatives must also certify the document with their signatures – in order to confirm that they have given consent and approval.

In addition to drawing up and signing the certificate of acceptance and transfer, the buyer must carefully check the current state of the dwelling share and ensure that there are no debts on utility and other payments; in turn, the seller should be protected from possible arbitrariness on the part of the unfair buyer (e.g. if he claims that he is no longer satisfied with the current condition of the real estate facility). Do you know why to begin processing the transfer certificate? Ask for free advice to the lawyer of the ros-nasledstvo.ru website and receive answers to the questions.Акт приема передачи доли квартиры (образец)

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Act of acceptance of the share of the dwelling (model)

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In any form of transfer of shares in real estate (sale, man, gift) other than the main contract, an annex to it must be drawn up: an act of reception; how to do so; what nuances are involved; and when this document needs to be signed, you will learn from our article.

Why do you need an act of acceptance for the share transfer?

At the time the contract of sale, gift or contract is signed, the transaction is considered only to be legally concluded.

In order for real estate to be transferred to the new owner, the seller still needs to hand over the money and the buyer the dwelling.

The document that confirms the transfer of money was described in the article "Reception of funds for shares in the apartment".

It may be said that the receipt protects the buyer ' s rights, and the acceptance and transfer document is more likely to protect the seller ' s rights.

It is this paper that will certify that the share of the dwelling is transferred to the new owner in the proper condition that was negotiated in the sales contract.

Until the signing of the certificate that the buyer accepted the real estate, the old owner is fully responsible for the maintenance of the dwelling.

When drafted

This document is not legally independent but only an annex to the underlying contract; the act is signed by both the buyer and the seller after the contract has been drawn up or on the same day or in any other agreement between the parties to the transaction; a document confirming the acceptance of the share in the dwelling may be drawn up before or after the receipt of the money.

You can also assure a notary of an act, but there are no formal requirements of the law in this regard, which is whether or not the parties to the transaction have to decide.

An example.The brother and sister of Shubina inherited a one-room apartment after his father ' s death.

On the same day, the money was handed over, the receipt was drawn up, and half of the apartment was examined and accepted on the basis of an act of transfer, after which Shubina applied to Rosreest and 14 days later received an extract from the EGRN stating that she was the sole owner of the apartment.

Model certificate of acceptance/transfer of share in the dwelling

The document may be drafted in an arbitrary form, but it must contain the following particulars:

  • In the upper right corner, it is stated that the act is an annex to the treaty, the number, type and date of which is immediately indicated;
  • The title of the document is "Acceptance to receive the share of the dwelling";
  • Date of signature;
  • Place of compilation;
  • A description of the property transferred (location, size, etc.);
  • Additional property that is transferred under the contract (metals, household appliances);
  • Buyer ' s data;
  • Information on the seller;
  • The Panel recommends no award of compensation for loss of tangible property.

Акт приема передачи доли квартиры (образец)

To download a sample of the certificate of acceptance when buying a share of the apartment

Notarization of the act itself is not required.

However, it is worth noting that in 2016 FL No. 122 "On State Registration of Real Estate Rights and Transactions" entered into force, under which all transactions with shares of real estate must be registered with a notary office, and since the act is an annex to the contract, it will also be certified by a public official.

Nuances in the drafting of the receiving and transmitting certificate

Although this document is merely an annex to the main contract of transfer of real property, it is worth careful consideration.

If you don't take all the points into account, the bad faith buyer can claim that the share was given to him in an improper manner (with broken communications, without furniture to be transferred according to the terms of the agreement, etc.). Consider the most frequent situations.

Trust person

Both the buyer and the seller may not personally be involved in the preparation of the act of acceptance of the transfer, they may hand over their authority to a trusted person, in which case it is necessary to state in the document his data as well as the basis for the transfer of rights, which must be a notarized power of attorney.

If a representative has already participated in the preparation of the contract of sale, mena or giftee, a separate power of attorney to sign the act is not required if the basic provision so provides.

If the buyer or seller is minors

In the event that the party to the transaction has not yet reached the age of 14, all actions, including the signing of the certificate of admission to real estate, shall be carried out by the legal representatives.

If the child is 14 years old, but has not yet reached the age of majority, he shall sign it himself, but his legal representatives (parents, guardians) shall also certify the document, and the procedure shall be the same if the party to the transaction is found by the court to be incompetent and the representatives speak on his behalf.

Акт приема передачи доли квартиры (образец)

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Act of acceptance of the share of the dwelling (model)

Main / Housing disputes / Act of acceptance/transfer of the share of the dwelling

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Акт приема передачи доли квартиры (образец)

The transfer of the dwelling involves the formation of a sales contract. The supporting document is the act of accepting-transfer of the share in the apartment. It is not known to all the parties to the transaction – many have heard only about the sale contract. The transfer document is left out somewhere. However, without it, the transaction may not take place.

If you are looking for information and a sample of the transmission document, our article will help you to understand the nuances.

Do you need an act of transfer of shares in the apartment?

The act before us is not an autonomous document.Annex to the core treatyon the transfer of housing: gift, sale, change, contract for the employment of a room, etc.

The document confirms the intentions of the participants: the seller and the buyer, the giver and the giftee, the employer and the tenant.

The receiving-transfer act servesthe guarantee of the transfer of property in proper conditionBy signing such an act, the parties can be sure that they won't get in trouble, which will save the deal from disruption.

The question arises as to whether an act of reception and transfer is necessary in the case of shares? Of course, but only if a share of the apartment is physically allocated. It is obvious that it will not be possible to transfer the property right - 1/3 of the dwelling. One of the three premises in the three-room apartment can be the subject of the transaction.

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For more details, read the article "Minimum Share of Property in the Apartment. "

The act must be signed by the person who transfers the property and by the person who accepts it. The refusal or evasion of the signature is the basis for the cancellation of the transaction.

Model certificate of acceptance/transfer of share in the dwelling

Акт приема передачи доли квартиры (образец)

How do you get it right?

The obsession with the drafting of the act is detrimental to both parties; the seller may declare that the buyer was aware of the defects of the apartment and agreed to accept them, although this may not have been the case.

The seller has given him a place of accommodation without machinery and furniture, although the main contract involved such a transfer. In short, the act of acceptance is mutual protection against risk and deception. Pay attention to the structure of the document and you will not have to hear the claims of the other party.

Form and content

The transmission act is made in an arbitrary form. Participants may choose any writing option - a printed form or handwritten form.Written formSee document.

  • The number of copies should correspond to the number of parties: the seller/Driver/Negotiator - on the one hand, the buyer/Grantee/Employer (renter) - on the other hand, the Rosreestra FCN (EGRN) or My Documents (FIC) - a third party.
  • Content of the certificate of acceptance/transfer of the share (rooms):
  • "The hat"
  • Please provide the following information:
  • Basic contract - Order No., date of conclusion, notarial information;
  • title of the document;
  • City, i.e. place of compilation (e.g. Tosno, Leningrad Region);
  • Date of signature.

Main part

Report the parties to the transaction:

  • The FIO of the owner of the share – the seller or the giver, year and place of birth, sex, passport data;
  • The recipient's FIO is a buyer or gifted person with similar information.

Identify the object of the transmission:

  • Information on arrangements;
  • Address of apartment, building, floor;
  • The size of the living and non-residential area;
  • The size of the share transferred (e.g. 1/4 part);
  • Number of rooms;
  • The appearance of the apartment, the interior: ceiling, walls, floor, windows, doors, partitions;
  • Communication condition: parking, running water, electrical "boxes", heating system (battery), gas metering;
  • Other nodes: Internet pipelines, fire safety, alarms, home phone;
  • */ – Additional household equipment and furniture – list objects, indicate external features, size, shape, integrity, color, brand, etc.;
  • Defects identified - describe what has a malfunction, the nature of the damage, the ability/inability to repair (e.g., the squeaking floor is difficult to replace, and the broken wallpaper is easy);
  • Information on non-debt (e.g. gas, light, water, garbage collection)

Conclusion

  • The rights and obligations of the parties are, in particular, the elimination of defects when they are discovered after the delivery of the dwelling, by whom and at whose expense (usually with the funds of the seller);
  • The calculation point – e.g. cash receipt;
  • Compliance with the previous terms of the treaty;
  • documents - if they are attached to the transmission document (optional);
  • Number of copies of the act;
  • The signatures of the parties with the decryption.

The transfer certificate can be drawn up both at the conclusion of the main contract and after it is concluded. Signature is often required before the documents are handed over to the Rosreestra FCN. If the act is not available, you may be denied a re-registration of ownership. The best option is to formalize the acceptance act, but to note that the actual transfer of the dwelling will take place after the conversion to the EGRN.

Participants in the share transaction need to contact the notary, and the specialist will confirm the underlying contract and, in addition, the act of receiving the transfer.

Next, we need to get the documents back to the registration office--FPC Rosreestraor through"My Papers" (IFC)At the same time as the contract of sale or gift, the signed act is also transmitted.

If he's not here, you'll probably be denied a formality, but legal issues are better known on the spot.

Time limit for the release of the dwelling

One of the advantages of ownership of shares is the right to register in an apartment (propiska); the seller or the giver may occupy a dwelling until the conclusion of the transaction; then the parties will discuss the date on which the owner will leave his premises.

Note two situations:

  • Legal release of housingThis is to remove from the register all those who were previously registered in an apartment or share, the matter is settled by the Ministry of Internal Affairs, and in the regions these functions are performed by the offices of the Federal Office for Migration. Once the right of ownership is transferred to the new owner, the family of the former owner loses the right to use the dwelling (art. 292, para. 2, of the Criminal Code of the Russian Federation).
  • Actual releaseIf the case comes to court, the former owner will be given 30 days to collect his belongings.

The person entering the apartment must check if everything is in place. A copy of the transmission document will be useful. Please check the current condition of the dwelling with him.

Can a transfer document be avoided?

The status of the receiving act raises a number of questions, such as whether it is possible to make a transaction under a legal contract rather than a transfer document at all.

Since 2016, all equity transactions have been under way.Legal review by notariesThe specialist prepares the papers and then transmits them to the Rosreestra FCP, along with the contract, the notary will confirm the act of transmission, and the parties will provide a model document, and there is a preliminary need to visit the apartment, examine its appearance, maintain communications, etc.

However, it is possible to draw up an act in an arbitrary form, virtually without an examination, but is there any point?additional costs, stress and time lossRemember that an act of surrender is not a formality, but a cover for force majeure.

So we've taken a look at how to make the transfer document a share of the apartment, but in practice there may be problems: the buyer's doubts, hidden defects, the violation of the form of the document, the absence of the notary's seal, the denial of registration.

When faced with difficulties, people start panicking, they need help, they need help to assess the legal aspects of the deal, and if you're not sure about the seller, you doubt the buyer, and you want to avoid the risks, ask the lawyer.

Our experts will talk about all the underwater stones and protect them from fraud.

See the video on whether a transfer document is needed in real estate transactions?

Model certificate of reception/transfer at sale

This document is very important to both parties in the transaction.

Акт приема передачи доли квартиры (образец)

Consider a number of reasons for the buyer:

  1. Since the main technical condition is indicated at the time of purchase,If all the terms of the contract were not complied with, the buyer would not be able to compel the seller to correct all defects without the document.
  2. This act must be submitted to the Tax Service,'Cause without him, it's impossible to get a tax deduction.
  3. The certificate of ownership is not issued by Rostreestro.In the event that the receiving act is not signed.

The seller also needs to draw up this document; if this act was not signed when selling the apartment, the buyer has every right to compel the seller to pay all the repair, flooding or fire costs.

In the absence of an acceptance certificate, the seller will have no proof that it no longer manages the real estate and is not obliged to pay all the repair costs.

There is no doubt that if the case goes to court, the seller may find a witness who will say that the buyer had already taken control of the apartment at the time of the disaster, but it is, of course, easier to sign the act and keep a copy.

The act of receiving-transfer of the dwelling at the time of sale

This document is the main fact of the transfer of an apartment or other real property under a certain sales contract under article 556 of the Russian Civil Code.

To download the reception act when sold in MS Word format.

The transfer of all obligations for the maintenance of the sold apartment from the seller to the buyer takes place only after the signature of the certificate has been collected; the act confirms the transfer of money from the sold apartment and confirms the absence of all claims from the parties.

Model:

The act of receiving-transfer of the share of the dwelling on sale

This will be necessary if you have a part of the dwelling and have decided to sell it.

Model:

Document requirement

Since the act is a necessary annex to the treaty, it has no legal effect without it.

The legislation did not provide for specific requirements for the drafting of the document, but legal, judicial and commercial practice had identified certain information that should be reflected in the text.

  1. Place and date of signature.
  2. Requisition of the treaty for which the act is drawn up.
  3. All information about the notary performer.
  4. Necessary information of the parties to the treaty: Name, first name, patronymic and passport data.
  5. Full information on housing: number of rooms, deck and area, cadastral number with other technical characteristics.
  6. Computation data.
  7. Informing of the absence of other claims from existing parties.
  8. Signature on both sides.

Sometimes the content may contain additional information:

  1. Information on the state of housing: cosmetic or major repairs.
  2. List of defects found during the inspection.
  3. Absence of debts in public services.

Compilation rules

Since the document contained the signatures of both parties, two copies were needed.

The signatures of the buyer and seller shall be issued after full verification of the transferred property.

Once the act has been properly processed, it must be sent to Rosreestre with all the other documents, the best way to process the act with the real estate agencies, so that all legal matters can be dealt with in an informed manner.

Registration of the document

Once all the necessary documents have been submitted to the Federal Registry and Cartography Unit, you are thus registered with the property of your apartment and the necessary stamps are stamped on the contract.

Thus, the act of receiving a sale of an apartment will not only save you from unnecessary problems in buying an apartment, but will also help you to avoid the deliberate actions of fraudsters.

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Act of the Premium of the Dole of the Apartment under the Treaty of Purchasing

The act of accepting and transferring the share of ownership of the apartment belonging to Mr. Griboedov Dmitri Miroslavović, later referred to as "Dartel", passport series 3004 No. 567890, is issued by the Kostrom Department of Internal Affairs "12" June 2001.

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On the one hand, and Ulyanov Denis Sergeievich, later referred to as " gifted ", passport series 3004 No. 465789, issued by the Department of Internal Affairs of Kostrom "16 " July 2006.

On the other hand, and collectively referred to as "Parties", this Act is as follows:

In accordance with this Act, Mr. (name, name, patronymic) (Seller) handed over to the seller (name, name, patronymic) the above-mentioned apartment in its qualitative condition as it is on the date of the signing of this Act.

Ununderstandable document: What is an act of acceptance or transfer under a sales contract and how to make it

  • The condition of the space itself: If there are visible defects (permeal leaks, cracks in walls, etc.), this shall be noted.
  • The state of the water supply, sewage, electrical wiring and other communications, if any.
  • Security of doors and locks on them, windows and frames, integrity of switches and outlets.
  • The description of the items and household appliances, if they are handed over with the dwelling, must also show the defects if the buyer finds them.
  • For the buyer- if the seller does not actually allow the use of the dwelling (e.g. his family still lives there).
  • For him.- if there are unresolvable defects in the apartment that the seller refuses to note in the text of the document.
  • For the seller- if the buyer has failed to comply with its obligations to pay under the contract.

How to formalize a contract for the sale of shares in an apartment

The court may refuse to separate parts of the dwelling for various reasons; the most common of these is the indivisibility of the space; in the proceedings, the judge may prescribe a special arrangement for the use of the facility; for example, to provide each owner of the room with an apartment to live in; but immovable property, in this case, remains in the legal status of common property.

The contract has a standard form and is signed by all participants in the process and does not need to be notarized; it is issued with the necessary documents to the territorial unit of Rosreestr to register the transfer of rights to part of the dwelling from one person to another; the contract must include information on:

Meaning of the act of reception and transfer at the time of sale of the dwelling

In life situations, there are often times when the signing of an act containing all the details of the sale and purchase of a dwelling is one of the most necessary documents, and a huge package of various documentation must be collected before placing its dwelling on the market.

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The price is in rubles,However, there may also be a ruble equivalent, which is stated in units or foreign currency; quite often, the contract indicates the value per square metre of housing, sometimes the full value of real estate.

Accept-transfer certificate for the sale of an apartment

  • On the seller and buyer (FIO, passport data);
  • On the object of the transmission (physical address of the object, area, etc.);
  • On the transfer of the said property from the seller to the buyer;
  • Other items transferred with the apartment (integral furniture, interiors, plumbers, etc.);
  • No claims (better resolution of all disputes before signing the act);
  • The transfer of the risk of accidental loss of property to the buyer;
  • Documents transmitted with the act (specify list with number of sheets);
  • on the number of copies of the act (usually in thein triplicate: one for the buyer, one for the seller and one for the registration authority).

The act of reception and transmission should be prepared in the most appropriate and meaningful way to prevent disputes between the parties if they arise; it should be drafted with the utmost seriousness, without regard to such an instrument as a formality.

Act of reception/transfer

  • Data of the parties (FIO, address, passport data);
  • the representative in question, if the act is signed by his representative instead of the party to the treaty (in this case it is also necessary to specify the number and time of the authorization);
  • The place and time of drafting of the act;
  • Data of the dwelling to be transferred (address, area);
  • The state of the dwelling at the time of transmission and signature of the act.

The legislation does not specify any form of the document in question; it may be drafted in an arbitrary form, but certain information must be written in the text of the act of acceptance. In particular, the text of the act must contain the following information:

Date of birth, place of birth:, citizenship: Russian, sex, year of passport, division code ___, address of registration and place of residence: _________________, subsequently referred to as "Seller " and

1.

The giver, in accordance with the gift agreement for the "__" year, donated to the Giftees: 1/2 (one second) share in the right to common share ownership of the dwelling, assignment: residential, _ standard, total area ___,_quame inventory No. __:___-_, lith.__-__-___, address of the object: Moscow region, ___ district, village ____, house ___ (_________), contingent No. __: __:__:__: ___, hereinafter referred to as "The field".

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Act of acceptance/transfer to the contract for the sale of an apartment

In order to protect the rights of buyers (whether a natural person or a legal person) in the Civil Code of the Russian Federation, namely article 556 stipulates that the seller's transfer of the dwelling and its acceptance by the buyer shall take place on the basis of an act of reception or transfer signed by the parties and, unless otherwise specified in the contract, the obligation to transfer the dwelling shall be deemed to have been fulfilled upon signature of the relevant document, the act of acceptance or transfer of the dwelling.

The following information shall be provided in accordance with the rules of procedure of the Conference of the Parties serving as the meeting of the Parties to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women:Salesman.........................................................................." and

The inventory address of the site: Moscow region, _ district, act of acceptance of a contract for the sale of a share of the village's flat _. The sale of an apartment remains one of the most common transactions of real estate services in our country.

Annex N _ to the Treaty for the Sale of Share in the Common Ownership of the Premises N _ of _. Act of acceptance and transfer of the share in the right of common share ownership of the accommodation of _ _ _ of the series of _ passports issued by _ _....................................................................................................................

The seller shall, in accordance with article 556 of the Civil Code of the Russian Federation and the Agreement for the Sale of Accommodation of _ N, issue the present Transfer Act as follows: 1. The seller shall transfer to the buyer ' s property and the buyer shall accept and pay in.

The registration is accompanied by the keys and the necessary papers, and the documents must be delivered to the registration authorities of Rosreest. After the registration of ownership, the dwelling is transferred to the buyer and a model of the receipt and transfer certificate of the sold dwelling is provided.

Once the transfer document has been signed, all liability for the preservation of real property and property rests with the buyer; if unforeseen circumstances occur, such as fire, then the owner of the dwelling will be liable.

If such unforeseen circumstances occurred before the signing of the act, the seller would be responsible; other conditions might be provided for in such situations, but they should be.

The dwelling consists of two living rooms with a total area of 54.3 (fifty-four whole three tenths) square metres, including 28.8 (twenty-eight whole and eight tenths) square metres, etc. The entire model of the certificate of acceptance and transfer under the contract of sale is placed in the attached file.

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Certificate of acceptance for the transfer of the dwelling

  • title of the document;
  • The passport data of the parties to the transaction;
  • Description of the dwelling (state, location, area);
  • Information on the basis for the act - time, date and serial number of the sales contract;
  • Confirmation of the absence of claims from both sides;
  • The time and place of conclusion of the act;
  • The personal signature of the parties involved in the transaction.

In order to document the transfer of the dwelling, together with its maintenance obligations, a special act is drawn up; once signed, the new owner has the full right to dispose of the dwelling of his or her choice and is fully responsible for it.

Act of acceptance and transfer to the contract for the sale of an apartment: model 2023, contents and documents

  • A name that shows that real estate is being transferred (e.g. "Receive-transfer" act);
  • Information on the date and place of compilation;
  • Party information: FIO, passport, address;
  • A reference to the OST to which the act was issued;
  • Information on the current state of housing: address, technical condition, readiness, state of finish, deficiencies, if any;
  • An indication of the buyer ' s absence of claims for housing;
  • Settlement of the transaction (already completed or extended / deferred);
  • No seller ' s claim for payment if calculated;
  • An indication that no one is registered in the apartment and that there is no debt for utility payments.
  1. Checking the outer state of the rooms, floors, ceilings, and walls - evaluate the trim from the position of habitability.
  2. Check all utilities for performance: electricity (state of wiring), water supply, drainage, heat, gas.
  3. Separately check the toilet and kitchen for mold and fungus.
  4. Check the walls, the windows for cracks.
  5. Windows and doors must also be checked to ensure that they are easily opened and closed.
  6. Check the layout of the apartment with the BTI technical plan.
  7. To take the interviewers' statements at the time of handing over the apartment, to indicate them in the act.

Certificate of reception/transfer of dwelling

To avoid unnecessary problems of demandActfor registration of the transfer of law, it would be better to add a separate paragraph to the Agreement for the Sale of an apartment the condition that the actual transfer of an apartment and the signing of an apartmentActwill happen.after the signing of the treatyandafter the transition of the right.

SpecialityTransmittance Acton the "bitch" in what's in it.ActThe debtor may record its claims for the quality of the dwelling to be transferred.Actor in the annex theretoView sheet.

27 Apr 2023 yurisaktobe 72

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