Sample contract for the sale and purchase of an apartment without a transfer acceptance certificate

The act of acceptance and transfer of an apartment is not an independent document. It is formed as an annex to the contract of sale or lease of an apartment. By themselves, both documents - the deed and the agreement - do not have legal force.

The act records the fact of transfer of an object from the seller to the buyer or from the lessor to the lessee. The parties to the transaction can be both individuals and legal entities.

Let's consider how to correctly draw up an act of acceptance and transfer of an apartment to legal entities.

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General information, function of the act

The purchase, sale and rental process are regulated by the Civil Code. In Art. 556 and art. 655 states that the transfer of real estate must be carried out by signing a transfer deed or other similar document. That is, the law obliges the parties to draw up such a document.

The reason is that the agreement only indicates the intention of the parties to the transaction to complete it, and the act is, as it were, the final stage in the transaction. In addition, by signing this document, the tenant or buyer declares that he knows the condition of the apartment and has no claims against the seller or landlord.

The act of purchase and sale of an apartment is the primary accounting document. Based on it, the accountant of one organization writes off the object from accounting, and the other - accepts it on the balance sheet.

Important! The completed form is stored along with the agreement and payment papers, information about it is recorded in the journal for registering incoming documents, if the company maintains such a document.

Features of compilation

When drawing up the act, you must remember the following:

1. The preparation is entrusted to any employee of the selling company (or lessor) who understands the intricacies of document preparation and descriptions of real estate. This could be a legal adviser, an accountant, or a clerk. Employees can draft a document together.
2. It is necessary to describe the condition of the apartment as accurately as possible. Usually they indicate the condition of the plumbing, electrical, type of repair, heating. List the defects found during the inspection.
3. There is no unified form. The document is drawn up randomly, on company letterhead. It is possible to fill out the form by hand, but the typewritten version is more convenient to read. The company can develop the form of the act independently, the main thing is that it meets all the requirements for such documents.

Important! Along with the deed, it is required to hand over to the buyer the keys to the apartment and all documents related to it.

Compiling a document

The act has a three-part structure, which includes the header, the main part and the final part.

A cap

This part contains the following information:

• that the document is an annex to the contract, contract number, date;
• title of the act;
• place (city or other locality) and date of signing.

Main part

The text of this section begins with information about the seller and buyer or lessor and lessee (names of companies, positions and full names of the persons representing them), followed by the number of the purchase and sale or lease agreement, the number and date of its creation.

Then comes the description of the apartment:

• Name;
• address;
• common and living area;
• number of rooms;
• appearance of the apartment (condition of the ceiling, windows, walls, floor, etc.);
• an indication that all communications are normal: plumbing, electrical, heating, etc.;
• indication of the presence of the Internet, fire alarm (if any);
• a list of defects and shortcomings found during the inspection (it is recommended to describe them in detail so that later after signing the document the buyer and the tenant have no complaints);
• a list of documents that the parties to the transaction want to attach to the act.

Conclusion

This part contains information that all data on the transferred apartment has been verified, the buyer or tenant has no complaints about the condition of the property, the funds have been given to the seller or paid to the company’s cash desk.

In turn, the seller or lessor has no claims against the buyer or lessee regarding payments for the transferred property.

In addition, you can write that this act is drawn up in two copies and both of them have the same legal force.

After this paragraph, the parties to the transaction put their signatures.

For your information! There is no need to notarize the deed; the fact that both parties have signed the document is sufficient.

Dkp without an act of acceptance and transfer - pravoved.ru

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Hello.

2 years ago I bought an apartment from a relative. Because we are good friends, we drew up a purchase and sale agreement using a template from the Internet. The agreement was registered in the Rosreestr, I am listed as the owner, I pay taxes, in the extract from the Rosreestr I see myself as the owner, everything seems to be in order. But the agreement did not provide for an act of acceptance of the transfer of the apartment. Instead there was this paragraph:

“The parties are aware that in accordance with Article 556 of the Civil Code of the Russian Federation, the transfer of real estate is carried out under an agreement on the transfer of real estate signed by the parties.

Since the settlement between the parties has been made in full, the real estate and related documents have been received by the “BUYER” from the “SELLER”, an additional agreement on the transfer of real estate by the parties will not be drawn up.”

Will this item pass as an act of acceptance of the transfer and will there be any difficulties if I want to sell this apartment, for example?

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Lawyers' answers (2)

Hello, Sergey.

The wording in your agreement is somewhat controversial, despite the fact that, according to Art. 556 GK:

Unless otherwise... by agreement, the seller’s obligation to transfer the property to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties.

However, in the current situation, it should not confuse you, given that the transaction has been registered, the rights are registered in your name and you bear the entire burden of maintaining the property as the owner.

There will be no problems during the sale; moreover, your current contract will not be needed to register a subsequent transaction.

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Will this item pass as an act of acceptance of the transfer and will there be any difficulties if I want to sell this apartment, for example?

Sergey

Sergey, good evening! According to Art. 556 Civil Code of the Russian Federation

Unless otherwise provided by law or contract, the seller’s obligation to transfer real estate to the buyer is considered fulfilled after the delivery of this property to the buyer and the signing of the relevant transfer document by the parties.

in your case, such a document on the transfer of property is essentially a purchase and sale agreement in which this moment is stipulated. The absence of a separate act of acceptance of the transfer does not make the agreement within the framework of which the apartment was actually transferred invalid, so there is no reason to worry about its absence, especially since it has already passed several years since you have owned this apartment

Draw up a sample, template of an apartment purchase and sale agreement with an acceptance certificate 2016

Is a deed of transfer of an apartment required under a purchase and sale agreement? The legislator has established certain rules for the transfer of housing from the seller to the buyer.

The act of transferring an apartment under a purchase and sale agreement allows you to resolve a number of difficulties, and without waiting for state registration of the transaction, allow the new owner to dispose of the property, as well as transfer the payment of utilities and other services to him. The deed itself records the actual transfer of real estate.

How to correctly fill out an apartment purchase and sale agreement?

• A blank sample apartment purchase and sale agreement must contain:
• • Full names of the parties, date/place of conclusion;
• • All information about the apartment - including whether there are encumbrances on the apartment under the purchase agreement, for example, a sale is taking place with the right of registration/residence of certain persons;
• • Rights/obligations of the parties + guarantees;
• • The cost and procedure for payment between the buyer and the seller - non-cash or cash payment using your own funds, and maternity capital funds can also be used or purchasing an apartment using housing certificates.

Of course, at the end you need to put the signatures of the parties. An apartment purchase and sale agreement without a deed has virtually no effect on the legality of the transaction. The agreement can be signed regardless of the presence/absence of this document. He is an application.

Apartment purchase and sale agreement: act of acceptance of transfer and its features

A clean apartment purchase and sale agreement in itself does not confirm the right to transfer ownership to the buyer. In fact, the buyer becomes the full owner only after state registration of the transaction.

1. An apartment purchase and sale agreement without a transfer deed means that:
2. 1. For quite a long time, the new owner cannot live in the purchased apartment (while all documents are being drawn up) - the right of residence may be recorded under the purchase and sale agreement;
3. 2. The seller bears all utility costs, although in fact he has already sold the apartment;

3. The property at the time of actual transfer may not correspond to what was agreed upon in the contract at the time of its signing. Formally, conditions may worsen significantly, neighbors may flood, or the owner will simply remove the laminate. It will be pointless to prove anything - you will just waste a lot of time.

An apartment purchase and sale agreement without a deed exposes both the current and future owner to certain risks. It is much better to spend time resolving formalities and assume all obligations at the time of signing the agreement, and not after all legislative procedures.

Apartment purchase and sale agreement: transfer acceptance certificate - how to draw it up?

The legislator has made mandatory the procedure for signing the transfer and acceptance certificate of real estate. Thus, all parties to the transaction are maximally protected from all kinds of force majeure situations. The act must be drawn up in 3 copies, the first remains with the seller, the second with the buyer, and the third with the state registration authorities. There are differences in this regard in the agreement for the sale and purchase of an apartment with a legal entity.

How to correctly fill out an apartment purchase and sale agreement with a transfer deed :

• The agreement is signed in the classical form. The agreement itself does not provide for any changes. The act is an annex to the agreement;

• The act must contain information about the date and place of conclusion, full names of the parties, characteristics of the premises, data confirming the absence of claims from both parties, grounds for the transfer of residential premises.

Increasingly, parties are being advised to indicate in the deed that there is no debt on utility bills. If the buyer is satisfied with the existence of a debt, then this must be indicated. And state that the new owner undertakes to pay all utility bills.

The whole essence of the act comes down to confirming in writing the fact of transfer of real estate from one owner to another, while indicating the full compliance of the apartment with established requirements and standards. Also, his task is to emphasize that the buyer has paid the entire amount, and the parties have no further claims.

What to do if one of the parties refuses to sign the transfer deed?

a purchase and sale agreement for an apartment without a transfer deed . This is a fairly common and common practice here. But the region and regions do not have the right to refuse to sign the act.

• If such a situation does occur, then one of the parties bears full responsibility. In practice, the following cases occur:
• • The developer’s refusal to sign the act leads to the payment of a penalty on his part, as well as penalties;
• • The buyer’s refusal to sign the act due to the fact that many violations have been identified leads to the fact that the developer can sign the act, and after 2 months his obligations will be considered fully fulfilled (we are talking about the primary real estate market).

In the second case, the buyer is obliged to accept the property and sign the deed. But the main thing is to indicate in it all the existing shortcomings, so that the developer is forced to correct them.

If one of the parties avoids signing the act, the second can go to court. 

On our website you can download and fill out a real estate purchase and sale agreement with or without a transfer deed.

You just need to answer the questions in the form on the left, and the system will automatically distribute the information into sections of the contract. Enjoy the benefits of our service!

Using the “Simply Documents” agreement designer, you can also quickly and easily prepare the following types of apartment purchase and sale agreements:

Go to section: Apartment purchase and sale agreements.

Apartment purchase and sale agreement without transfer acceptance certificate

The deed of transfer or the deed of acceptance when purchasing an apartment is intended to record the fact of fulfillment of the obligations of the parties under the purchase and sale agreement.

Despite the fact that the Transfer Act is regulated by law, it is drawn up in any form, in two copies (for the Seller and for the Buyer), signed by both parties, and is not registered anywhere (although in some regions the local Federal Registration Service may require a signed Act to register the transfer of rights according to the deal).

Draw up a sample, template of an apartment purchase and sale agreement with an acceptance certificate 2023

The whole essence of the act comes down to confirming in writing the fact of transfer of real estate from one owner to another, while indicating the full compliance of the apartment with established requirements and standards. Also, his task is to emphasize that the buyer has paid the entire amount, and the parties have no further claims.

Samples of real estate purchase and sale agreements

So, a standard real estate purchase and sale agreement required for registration in the Unified State Register of Rights to Real Estate (USRE) must contain:
• -Passport details of all participants in the transaction under this agreement (Seller, buyer, their representatives, if any). For this situation, the passport data is: full name, date and place of birth, series and number of the passport, who and when the passport was issued, citizenship, marital status, place of registration.
• -Description of the subject of the contract, that is, the property. This description must include the name of the property (room, apartment, house, garage, land, ...), its technical characteristics (total area, living area, ...), and the address of the property.
• - A detailed description of the documents on the basis of which the property belongs to the seller (all title-establishing and title-confirming documents, the title-confirming documents include the certificate of state registration of the right, and the title-establishing documents are those documents, the description of which is presented in the certificate of state registration of the right, after the word "base").
• -The price of the alienated property (only in rubles) and the terms of transfer of money.
• — It must be indicated that the property is not alienated to anyone, is not mortgaged, is not in dispute, is not under arrest (ban), and the seller must guarantee that the property being sold is free from any rights of third parties.
• -If at the time of signing the purchase and sale agreement there are registered citizens in the residential premises, then their terms of residence are specified.
• — After registering the purchase and sale agreement with the Office of the Federal State Registration Service, the buyer assumes all responsibilities for the operation, maintenance and repair of the apartment, as well as payment of real estate taxes.
• -The conditions for the transfer of the property (as a rule, according to the transfer deed) and the fact that the buyer is ready to accept the transferred property in the same quality condition as it is at the time of signing the contract.
• -It is indicated that the buyer acquires the right of ownership /possession, use, disposal/ of the specified property from the moment of registration of the purchase and sale agreement with the Office of the Federal State Registration Service.
• -Procedure and conditions for termination of this agreement.
• -The procedure and conditions for paying expenses associated with the execution of a purchase and sale transaction (seller, buyer, in equal shares, ...).
• — The number of copies of the purchase and sale agreement is fixed (usually three, one copy of the agreement for each of the parties to the transaction and a copy of the agreement for the Office of the Federal Service for State Registration, Cadastre and Cartography for the Kaliningrad Region), and each copy of the purchase and sale agreement has the same legal strength.
• -In conclusion, they state that the parties, when signing this agreement, act voluntarily, on mutually beneficial terms, understand the meaning of their actions, have not been deprived or limited in their legal capacity, are not under guardianship or trusteeship, do not suffer from diseases, and are not in any other condition, preventing you from understanding the essence of the signed purchase and sale agreement.

Read more —> When is the transfer of money when buying an apartment

Is it possible to complete a purchase and sale transaction for an apartment without a transfer and acceptance certificate?

If the seller’s obligation to transfer the property is not fulfilled, the buyer has the right in a statement of claim to combine demands for the seller to fulfill the obligation to transfer (paragraph seven of Article 12 of the Civil Code of the Russian Federation, Article 398 of the Civil Code of the Russian Federation) and for registration of the transfer of ownership. At the same time, the requirement to register the transfer of ownership cannot be satisfied if the court refuses to satisfy the requirement to fulfill the seller’s obligation to transfer the property.

Buying an apartment: surprises of the last act

Article 556 “Transfer of Real Estate” of the Civil Code of the Russian Federation clearly states that the transfer of an object from the seller to the buyer is carried out under a transfer deed, or other transfer document, which is certified by both parties. It is the signing of this act, and not the registration of the transaction or property rights, that, according to the law, is considered the moment of the actual transfer of property. And only from this moment the obligations of the parties to the transaction are considered fulfilled.

Is it possible without a transfer deed?

It is possible to sell an apartment without a deed of transfer (register the purchase and sale agreement in the registration chamber and receive a certificate), but subsequently no one will be able to buy this apartment, or in any way re-register it to another person, since the deed of transfer is an integral part of any purchase and sale agreement .

All the subtleties of drawing up an apartment acceptance certificate

In the first case, it is necessary to provide 3 copies of the transfer deed to Rosreestr (two remain with the parties to the transaction after the keys to the apartment are delivered to the buyer, and the third is in the archives of the registering authority). In the second case, it is necessary to indicate certain actions that will be taken into account as the buyer’s formal entry into the right of ownership of the alienated property.

The Seller returns to the Buyer the funds paid by the latter, but what about the redevelopment and (or) reconstruction of the Apartment? Who will reimburse the Seller for the costs of eliminating all illegal actions for redevelopment and (or) reconstruction of the Apartment and on the basis of what document? What if there is a flood, a fire, etc.

The act of acceptance of the transfer of the apartment under the purchase and sale agreement

Despite the fact that the act is not required when re-registering property in Rosreestr, the parties should not neglect drawing up the specified document. The absence of an act in the list of documents for state registration is due to the fact that it is usually signed after this procedure has been completed and money has been received from the buyer to the seller.

The act of acceptance and transfer as the completion of a transaction for the purchase of an apartment or room

If an apartment or room is transferred in a different condition than the buyer expected to receive it, this discrepancy must be indicated in the transfer and acceptance certificate. This situation may arise if the decoration of the premises, built-in furniture, appliances or plumbing (if these are part of the property being sold) is dismantled or damaged.

The act of acceptance and transfer of an apartment is one of the most important documents in a purchase and sale transaction - Housing Market

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26.09.2014 | 14:30 239777

Home buyers on the secondary market are accustomed to believing that the transaction is completely completed after registering property rights. And they are extremely surprised to learn that they have to draw up another document - an apartment acceptance certificate.

Primary market clients treat such a document with reverence. It is this that makes it possible to call on the developer to fulfill his obligations to eliminate deficiencies. However, for “secondary” transactions this document is no less important, and neglecting it is fraught with serious troubles.

The law dictates the rules...

Article 556 “Transfer of Real Estate” of the Civil Code of the Russian Federation clearly states that the transfer of an object from the seller to the buyer is carried out under a transfer deed, or other transfer document, which is certified by both parties. It is the signing of this act, and not the registration of the transaction or property rights, that, according to the law, is considered the moment of the actual transfer of property. And only from this moment the obligations of the parties to the transaction are considered fulfilled.

Passports and forms for an apartment - why are they needed? To complete a transaction on the secondary housing market, the seller today is obliged to provide only the title >> To inexperienced market participants this may seem like an empty formality, but experts say that neglecting this document can not only fray the nerves of the participants in the transaction , but also result in serious financial losses.

Very often, some time passes between the completion of the transaction and the seller leaving the apartment, sometimes up to several months. Most often this is due to the delayed transportation of things; it happens that the seller himself waits for the apartment he purchased during the counter purchase to become available.

Imagine that it was during this period that the expensive European-quality finishing (the price of which was a certain part of the total cost of the apartment) would suffer from a flood or, worse, a fire. Or a salesperson who is not distinguished by high moral qualities will leave you with a tidy bill for international telephone calls for the last month. But what should the seller do if, a month after the conclusion of the transaction, the same expensive finishing is damaged by the buyer himself, and then declares that the characteristics of the apartment he received do not correspond to those stated in the purchase and sale agreement?

In order to avoid such unpleasant surprises, there is a transfer and acceptance certificate (APA), one of the main tasks of which is to record the condition of the object at the time the buyer actually enters into use, and confirm the compliance of this condition with the terms of the contract. Another task is to determine the moment at which the new owner becomes the payer of utilities and other services.

…life makes exceptions

The deadlines for the legal (deregistration of the previous owner) and physical (immediate departure) vacation of the apartment are usually prescribed in the purchase and sale agreement.

According to Nikolai Lavrov, general director of the Real Estate in St. Petersburg Consulting Center, if you make a transaction through a real estate agency, they will tell you in detail about the rules and terms for signing the transfer and acceptance certificate.

It is impossible to imagine that professional market operators would ignore this document. The same will be done if your transaction is executed through a notary.

But today, according to the law, the purchase and sale of housing can be carried out without the involvement of these specialists. The seller and the buyer can independently conclude an agreement in simple written form and submit it for registration to Rosreestr along with other documents.

And in this case, the act of acceptance and transfer of the apartment may well be simply forgotten. Moreover, if the agreement is registered, for example, in St. Petersburg, then no one may remind the parties to the transaction about the need for the act. In some regions, in particular - in the Moscow region - without an APP, a package of documents simply will not be accepted for registration (which, by the way, most market participants are dissatisfied with), but the St. Petersburg department of Rosreestr does not require this document in the package.

That is, the transaction can be completed and registered, the new owner will officially take over his rights, and then...

Is there life without an act?

In most cases, no threatening “further” will most likely happen. Neither the seller nor the buyer will ever know that their transaction is not entirely complete from the standpoint of the Civil Code. However, in some cases, the absence of an APP can play an unpleasant joke on one of the parties.

We have already mentioned possible misunderstandings with rent and damage to finishing, but more serious problems may arise. The same Civil Code states that only after the actual (confirmed by the act) transfer of property, the buyer accepts both the obligations for the maintenance and servicing of the apartment, and the risks of its accidental damage and death.

Until the deed is signed, the seller continues to bear all these risks. That is, theoretically, it is quite possible for a situation to arise when an object for which the APP was not signed will die in a few years as a result of a natural disaster, and claims for financing its restoration will be made not to the new owner, but to the old one.

From imposing penalties for failure to fulfill obligations to opening an apartment, the keys to which the seller “forgot” to hand over to the buyer, with the involvement of law enforcement agencies.

But all these options are, rather, extreme and radical, and are fraught with loss of time and nerves.

Therefore, experts recommend not to fight the consequences of the negligence of counterparties, but to prevent them at the stage of drawing up the contract.

A practically win-win option is to include a condition in it, according to which a certain part of the cost of the apartment (in practice, usually about 10%) is paid at the same time as the signing of the deed.

Sometimes they differ

There are no official uniform requirements for the APP form. The act is drawn up in simple written form, one copy for each party to the transaction. If desired, it can be certified by a notary. The clauses of this document may also vary depending on the wishes of the parties and the specifics of the transaction.

But in any case, they must include information such as passport details of the seller and buyer, the exact address of the apartment, its cadastral or conditional number and area, as well as the date and place of drawing up the act.

A separate clause with varying degrees of detail may stipulate the condition of the apartment - down to the materials and quality of finishing, plumbing and furniture, if according to the contract it must remain with the buyer.

This “modest luxury” sometimes amounts to 10-15% of the price of the property. It is not surprising that at the last moment (contrary to the terms of the contract) the seller may not resist the temptation to grab a pair of favorite French armchairs from the 19th century from the apartment “as a souvenir.”

The APP clause listing the parties’ claims (or lack thereof) serves precisely to ensure that the buyer and seller express their opinion on the compliance of the actual condition of the apartment with the terms of the contract. If the claims are significant and the parties cannot resolve them by mutual agreement, then the APP will become a document that will help in legal proceedings. “Acceptance by the buyer of real estate that does not comply with the terms of the sales contract is not a basis for releasing the seller from liability for improper performance of the contract,” the Civil Code states. If the buyer lists defects and shortcomings that the seller is ready to voluntarily eliminate, then a clause is added to the act - “considered valid after the claims have been eliminated.” Naturally, the time frame within which this must be done is also indicated. Sometimes the act separately stipulates the form and procedure for payment of funds. This point is especially important if the purchase and sale agreement stipulates that the last payment will be made after signing the APP.

• Often, when transferring an apartment, there are witnesses of the parties; in such a situation, it makes sense to indicate their passport details - in the event of claims, the testimony of the witnesses will have significant weight in court.
• Download the Apartment Acceptance and Transfer Certificate (.doc, 30KB)
• Text: Andrey Gryaznov Photo: Alexey Alexandronok   

An unclear document: what is a transfer and acceptance certificate under a purchase and sale agreement and how to draw it up?

The law requires that the sale of housing must be accompanied by the preparation and signing of the necessary documents.

One of them is the act of acceptance and transfer. Without it, the transaction will be considered invalid.

Let's figure out what this document is, why it is needed and how it is drawn up and signed by the parties.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.  

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call +7 (499) 938-46-18. It's fast and free!

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What it is?

An act of acceptance and transfer, often not quite correctly called a deed of transfer (in fact, this term refers to a slightly different document) is a document that is signed by the buyer and seller regarding the fact that the apartment is physically transferred from one party to the other.

But is it really necessary? The need to sign the act is directly established by law. Art.

556 of the Civil Code of the Russian Federation indicates that the parties are required to sign a document that will record that the transfer obligations have been fulfilled.

Whether this document will be called the act of acceptance and transfer of the apartment or something else depends on the will of the parties and the conditions of the transaction. The main thing is that the fact that the seller fulfilled his duties is documented.

Why is it needed?

• confirm that the seller’s obligation has been fulfilled;
• confirm the fact that there are no claims against each other - or describe existing claims;
• indicate in what condition the housing was handed over to the buyer, whether the residential premises have obvious defects and shortcomings or not.

The latter requires special attention. The fact is that clause 2 of Art. 556 of the Civil Code of the Russian Federation indicates the following: even if the buyer agreed to accept the apartment with all the obvious defects by signing the act, this does not relieve the seller of responsibility. The responsibility itself is described in Art. 557 of the Civil Code of the Russian Federation, which already refers to Art. 475 of the Civil Code of the Russian Federation. According to its rules, the buyer has the right to demand from the seller:

• reducing the price payable under the contract;
• eliminating deficiencies at your own expense;
• payment of the buyer's expenses for repairs or other elimination of defects;
• termination of the contract and return of the money paid - if the shortcomings are such that their elimination is impossible.

It is in order to resolve these issues that the signing of the transfer deed is required.

IMPORTANT: In addition to the act, according to Art. 556 of the Civil Code of the Russian Federation, physical transfer of the apartment is also required. Usually it is formalized in the form of handing over the keys to it. If the deed was signed by the parties, but the apartment was never actually transferred, the seller is not considered to have fully fulfilled his obligations.

Legislation

For the act of acceptance and transfer, the law establishes minimum requirements. Essentially, they boil down to the following:

• The act must be drawn up in writing, since Art. 556 of the Civil Code of the Russian Federation uses the word “document”.
• The deed must be signed by both the seller and the buyer.

The legislation does not contain other conditions. Moreover, in practice, a method is sometimes used when the transfer of housing occurs at the time of signing the purchase and sale agreement itself. In this case, a condition is included in the apartment purchase and sale agreement that this document is also a confirmation of the fact of transfer.

Typically, transfer without an act is used in cases where, due to legal requirements (for example, when selling an apartment in shared ownership - in accordance with the Federal Law “On State Registration of Real Estate”) or at the mutual desire of the parties, the agreement was certified by a notary. In this case, it is easier to do without the act.

The fact is that the question of whether in this case the act itself should be notarized remains debatable. On the one hand, it is an integral part of the contract - and, according to the logic of Art. 163 of the Civil Code of the Russian Federation, must be carried out in the same manner as the main document. On the other hand, it is not a separate transaction or an additional agreement that changes the terms of the contract.

REFERENCE: However, in practice, the absence of an act means that the condition of the apartment and the absence of claims will not be recorded, and in the event of a possible legal dispute, the plaintiff will have one less piece of evidence. Therefore, experts do not recommend using this method.

In order to draw up an act, the parties will only need documents identifying the parties and their powers (for example, if the buyer or seller is a legal entity, statutory documents for the manager or a power of attorney for the representative will be needed). All documents that confirm ownership rights are presented when signing the contract itself, and are not separately required when drawing up the deed.

However, if the agreement provides for special conditions for the transfer of an apartment, then documents confirming their existence will be required. For example, if the parties have agreed on full prepayment, then the buyer must present a payment document.

In the event that the contract itself also acts as an act of transfer, the documents required for signing the contract will be required.

Information to be provided

• Title of the document. It is best to simply indicate “Acceptance and Transfer Certificate”.
• The place where the document was signed and the date of signing. This is important if the agreement contains conditions regarding the procedure and timing of the transfer of the apartment.
• Information about the parties indicating from whom the housing is transferred to whom. For citizens, the full name and passport data are most often indicated, for legal entities - organizational and legal status (LLC, JSC, etc.), name and, if desired, OGRN. In addition, for organizations it is indicated who signs the document on their behalf and on what basis (for a manager - that is on the basis of the Charter, for a representative - that is by proxy).
• A complete description of the apartment in the condition in which it is at the time of transfer. In addition, its full address is indicated, and, if necessary, the cadastral number. It is also advisable to indicate data on the number of storeys, living and total area and other technical information - this will avoid disputes about which apartment the act was drawn up in respect of.
• Claims of the parties to each other. The buyer, according to Art. 556 of the Civil Code of the Russian Federation, he has the right to accept an apartment that has defects - but then this fact must be reflected in the transfer deed. If there are no complaints, this fact is indicated in the document.
• Signatures of the parties (for organizations - also a seal impression).

Separately, it should be said that in order to protect against possible claims, the condition of the apartment should be described in as much detail as possible. The relevant section of the act must contain at least the following information:

• The condition of the room itself. If there are noticeable defects (leaks from above, cracks in the walls, etc.), a note should be made about this.
• The condition of the water supply, sewerage, electrical wiring, and other communications, if any.
• The safety of doors and locks on them, windows and frames, the serviceability of switches and sockets.
• Description of furnishings and household appliances, if they are transferred along with the apartment. For them, existing defects must also be indicated if the buyer has discovered them.

A common practice is to note meter readings (water, electricity, etc.) in the act. If there are debts for utilities, the seller must pay them - but this requires evidence. The readings will help you check your payment status.

Often in practice there are situations when their representative acts instead of one of the parties. He can be:

• vested with powers by virtue of law (for example, parents in relation to their children);
• appointed by means of a power of attorney.

And in the latter case, one should be guided by the standards established by Chapter. 10 Civil Code of the Russian Federation. According to them, the power of attorney must meet the following requirements:

1. It must indicate the authority of the representative to perform specific actions. In relation to the situation described, this means that the text of the document must directly indicate that the representative has the right, on behalf of the principal, to accept the purchased property and sign the corresponding act.
2. The power of attorney must be notarized. This requirement is established by Art. 185.1 of the Civil Code of the Russian Federation, since we are talking about rights subject to state registration - in this case, the right of ownership of residential real estate.

Neither the agreement nor the act to it are themselves subject to state registration.

However, due to the norms of the Civil Code of the Russian Federation and the Federal Law “On State Registration of Real Estate”, the rights to the purchased apartment need to be registered - and among the documents, an acceptance certificate is also submitted to Rosreestr.

It is not required in all cases, but if the act is signed at the time of registration, it must be submitted.

In addition to the act, the buyer will additionally need for registration:

1. Application for registration.
2. Identification documents of the applicant.
3. The purchase and sale agreement itself (you can read about the state registration of the apartment purchase and sale agreement here).
4. Act (if required).
5. Payment document confirming payment of the duty (its amount is established by the Tax Code of the Russian Federation).

Deadlines and costs

The moment when the act is signed is determined by the parties in the terms of the agreement. The following options are possible:

• immediately after signing the contract, if the contract does not say anything about prepayment;
• after paying the full amount;
• after making the first payment, etc.

The main thing here is the following: by the time the deed is signed, the seller must already resolve all his issues and actually transfer the apartment. If the buyer cannot actually use it, the deed should not be signed.

Signing the deed means that the apartment has already been transferred to the buyer. However, each party has the right to refuse to sign it. This is possible in the following situations:

• For the buyer - if the seller actually does not allow the use of the property (for example, members of his family still live there).
• For him - if fatal defects are found in the apartment, which the seller refuses to note in the text of the document.
• For the seller - if the buyer has not fulfilled his payment obligations under the contract.

In the event that a refusal occurs, the parties should correct what is preventing the signing by fully fulfilling their obligations under the contract. If, after this, the seller or buyer unmotivatedly refuses to sign, all that remains is to go to court to protect the violated rights.

Conclusion

The importance of the transfer and acceptance certificate when selling an apartment cannot be overestimated. In fact, this is the last document that completes the transaction. That is why the parties must take a responsible approach to how the act is drawn up and be careful when signing it.

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Real estate purchase and sale agreement without a transfer acceptance certificate

Another task is to determine the moment at which the new owner becomes the payer of utilities and other services.

...life makes exceptions. The terms for the legal (deregistration of the previous owner) and physical (direct departure) vacation of the apartment are usually prescribed in the purchase and sale agreement.

According to Nikolai Lavrov, general director of the Real Estate in St. Petersburg Consulting Center, if you make a transaction through a real estate agency, they will tell you in detail about the rules and terms for signing the transfer and acceptance certificate. It is impossible to imagine that professional market operators would ignore this document.

Attention

The act reflects the necessary information regarding the parties, the object of the transaction, the amount and procedure for settlement. It should contain:

• date and place of signing;
• technical characteristics of the apartment (area, floor);
• availability of sanitary, kitchen, electrical and other equipment;
• equipping the premises with a telephone line and the Internet.

The most important point indicated in the act is information about the absence of claims by the buyer to the transferred property, as well as confirmation of payment or the deadline and procedure for full payment of the parties to the transaction.

The significance of drawing up this document The moment of delivery of the apartment is an important legal fact, the recording of which is necessary to confirm the full fulfillment of the terms of the contract, the possibility of bringing claims by the parties to the contract, collecting penalties and compensation for damage.

Imagine that it was during this period that the expensive European-quality finishing (the price of which was a certain part of the total cost of the apartment) would suffer from a flood or, worse, a fire.

But what should the seller do if, a month after the conclusion of the transaction, the same expensive finishing is damaged by the buyer himself, and then declares that the characteristics of the apartment he received do not correspond to those stated in the purchase and sale agreement? In order to avoid such unpleasant surprises, there is a transfer and acceptance certificate (APA), one of the main tasks of which is to record the condition of the object at the time the buyer actually enters into use, and confirm the compliance of this condition with the terms of the contract.

Is it possible without a transfer deed?

Possibility of challenging the fact of transfer of an apartment The law establishes that the buyer's acceptance of property that does not comply with the purchase and sale agreement does not relieve the seller of liability for failure to fulfill the agreement.

An act signed in violation of the law does not entail legitimate legal consequences. A deed of transfer is a document that records the legal fact of delivery of the apartment to the buyer, which in some cases can and should be challenged.

For example, in the case of a fraudulent double resale of an apartment, it is important to challenge both the contract itself and the act of transferring the premises under the transaction in order to invalidate them.

An invalid transaction does not create the legally important consequences for which it was intended. Under such a transaction, ownership of the apartment cannot arise.

The court, simultaneously with the main sale transaction declared invalid, also cancels the acceptance and transfer of housing.

Buying an apartment: surprises of the last act

Can a purchase and sale agreement be at the same time an act of acceptance and transfer?

You cannot do without an act to register the right to the purchased housing, since the obligation under the contract is fulfilled after the delivery of the property to the buyer and the signatures of the act on the actual transfer of real estate by all parties to the transaction. First of all, by affixing signatures the parties determine the moment of delivery of the housing to the buyer. From this moment on, the buyer of real estate bears the risks of loss, destruction of property, the need to bear maintenance costs, and safety.

In addition, the act as a separate document is necessary if the moment of transfer of the premises does not correspond to the date of signing the agreement. Taking into account the mandatory registration of the right to real estate, and the need to submit the purchase and sale agreement and its annexes to the authorized body. All transaction documents are drawn up in writing.

Real estate purchase and sale agreement without transfer acceptance certificate

Home buyers on the secondary market are accustomed to believing that the transaction is completely completed after registering property rights. And they are extremely surprised to learn that they have to draw up another document - an apartment acceptance certificate. Primary market clients treat such a document with reverence.

It is this that makes it possible to call on the developer to fulfill his obligations to eliminate deficiencies. However, for “secondary” transactions this document is no less important, and neglecting it is fraught with serious troubles.

The law dictates the rules... Article 556 “Transfer of Real Estate” of the Civil Code of the Russian Federation clearly states that the transfer of an object from the seller to the buyer is carried out according to a transfer deed, or other transfer document, which is certified by both parties.

The whole essence of the act comes down to confirming in writing the fact of transfer of real estate from one owner to another, while indicating the full compliance of the apartment with established requirements and standards.

Also, his task is to emphasize that the buyer has paid the entire amount, and the parties have no further claims.

What to do if one of the parties refuses to sign the transfer deed? Residents of Moscow can draw up a purchase and sale agreement for an apartment without a transfer deed.

This is a fairly common and common practice here. But the region and regions do not have the right to refuse to sign the act. If such a situation does occur, then one of the parties bears full responsibility.

There are differences in this regard in the agreement for the sale and purchase of an apartment with a legal entity. How to correctly fill out an apartment purchase and sale agreement with a transfer deed: • The agreement is signed in the classic form. The agreement itself does not provide for any changes.

The act is an annex to the agreement; • The act must contain information about the date and place of conclusion, full names of the parties, characteristics of the premises, data confirming the absence of claims from both parties, grounds for the transfer of residential premises. Increasingly, parties are being advised to indicate in the deed that there is no debt on utility bills.

If the buyer is satisfied with the existence of a debt, then this must be indicated. And state that the new owner undertakes to pay all utility bills.

Apartment purchase and sale agreement without transfer acceptance certificate

He is an application. Agreement for the purchase and sale of an apartment: the act of accepting the transfer and its features A pure agreement for the purchase and sale of an apartment in itself does not confirm the right to transfer property to the buyer. In fact, the buyer becomes the full owner only after state registration of the transaction. An apartment purchase and sale agreement without a transfer deed means that: 1.

Important

For quite a long time, the new owner cannot live in the purchased apartment (while all documents are being drawn up) - the right of residence may be recorded under the purchase and sale agreement; 2.

The seller bears all utility costs, although in fact he has already sold the apartment; 3.

The property at the time of actual transfer may not correspond to what was agreed upon in the contract at the time of its signing.

Apartment purchase and sale agreement without transfer acceptance certificate sample

That is, the transaction can be completed and registered, the new owner will officially take over his rights, and then... Is there life without a deed? In most cases, no threatening “further” will most likely happen. Neither the seller nor the buyer will ever know that their transaction is not entirely complete from the standpoint of the Civil Code. However, in some cases, the absence of an APP can play an unpleasant joke on one of the parties.

We have already mentioned possible misunderstandings with rent and damage to finishing, but more serious problems may arise.

The same Civil Code states that only after the actual (confirmed by the act) transfer of property, the buyer accepts both the obligations for the maintenance and servicing of the apartment, and the risks of its accidental damage and destruction. Until the deed is signed, the seller continues to bear all these risks.

Apartment purchase and sale agreement without transfer of rights acceptance certificate sample

If the buyer lists defects and shortcomings that the seller is ready to voluntarily eliminate, then a clause is added to the act - “considered valid after the claims have been eliminated.” Naturally, the time frame within which this must be done is also indicated. Sometimes the act separately stipulates the form and procedure for payment of funds.

This point is especially important if the purchase and sale agreement stipulates that the last payment will be made after signing the APP. Often, when transferring an apartment, there are witnesses of the parties; in such a situation, it makes sense to indicate their passport details - in the event of claims, the testimony of the witnesses will have significant weight in court.