Not every car enthusiast risks leaving his car outdoors overnight or during a short, even a couple of days, forced departure. Criminals, weather conditions: all this creates additional risks for the safety of transport and its technical condition.
How to protect your car? A guarded parking lot or a reliable garage box will come to the rescue. How can you become its owner? To do this, you will need to negotiate with the owner and conclude a garage sale and purchase agreement.
Having such an agreement will help protect both the seller and the buyer from problems. The receiving party will be guaranteed that the property will be acquired legally. The owner will protect himself from fraudsters and will be able to recover funds if they are not deposited on time.
Why do you need a garage sale agreement?
In this material you will learn all the necessary information on how to properly conduct a transaction. Let's move on to the most important thing.
Basic rules for drawing up a garage sale and purchase agreement and its form.
Sample garage registration certificate
Transfer deed
Receipt confirming payment
First of all, let’s decide why the agreement is needed. Without it, the buyer will not be able to subsequently register the garage in his name. In addition, the agreement will remove all questions regarding the ownership of the property. A written deal has other legal benefits.
To sell a garage, the plain text of the agreement printed on a printer is sufficient. If the parties mutually wish, it can always be certified by a notary, but this will be fraught with certain costs.
Tips for drawing up an act
Please note that if the garage is a permanent building with a foundation, then the deed must indicate the details of the land plot under the object - cadastral number, type of use and area. This must be done both when selling and renting real estate. Check that all the data in the acceptance certificate and in the contract matches.
Witnesses can be involved in inspecting the garage and drawing up a report. Let them sign the form and thereby confirm that the property corresponds to the description and has been transferred to the buyer or tenant for use or ownership.
Garage acceptance certificate
You may ask why such a document is needed. There are several reasons for this.
Here is a list of points that explain why and how to draw up an act :
- The deed formalizes the legal transfer of the garage from the seller to the buyer.
- It specifies the deficiencies identified during the inspection. After all, in this way the seller can protect himself from the buyer’s claims about the sale of property with defects.
- Since a purchase and sale transaction is taking place, the act will be required when re-registering the property for the new owner.
The deed of transfer to the garage purchase and sale agreement is drawn up in any form convenient for the parties. There are just a few things to consider. The preamble of the act must include the same parties as in the main agreement. In addition, there must be an unambiguous indication that the buyer accepts ownership of the garage.
At the same time, you should list all the shortcomings that were identified during the inspection of the property. If there are meters in the garage, then their indicators should also be indicated. Then the new owner will be relieved of unnecessary utility debts.
The deed should contain a list of the property that is transferred along with the garage. This may include a set of furniture, tool kits. To avoid any unnecessary complications, we suggest downloading a sample garage acceptance certificate from our resource. It will become the basis for your own version of the document.
What legal consequences occur after signing the act?
By signing the form, the buyer or tenant agrees that he is completely satisfied with the quality of the garage arrangement. The presence of a signed act by the executive authorities will be considered as proof that the inspection of the property during the sale took place, and there were no complaints about the condition of the garage.
Of particular importance is the date indicated on the acceptance form. On the day of signing the document, the following consequences occur:
- if the garage is transferred for temporary use, rental payments begin to accrue;
- upon sale, the premises de jure become the property of the new owner.
The procedure for execution and registration of this agreement
It is not necessary to conclude an agreement with a notary. However, before affixing signatures, you need to collect the documents that are necessary for the garage sale and purchase agreement. The basic package for the transaction must be provided by the seller.
It will include:
- All title documents (registration certificate, certificate of ownership or extract from the Unified State Register).
- Data on payments for the garage (if it is located in GSK).
- Consent from the second spouse if the seller purchased the garage during marriage.
- Bank details (when payment will be made by bank transfer).
Each party will need an original passport. If the transaction is not executed by a notary, the parties to the agreement will not have to bear any initial costs. There are only expenses for registering the transaction. To fully acquire their rights to the property, the buyer must pay 2 thousand rubles.
If the garage is in a cooperative
In the GSK, the garage can be owned by both the owner of the car and the cooperative itself. Therefore, the methods of acquiring rights to real estate will be different. So, in the first option, a regular contract for the sale and purchase of a garage is concluded at GSK. Its subject may additionally be the land on which the property is located.
When its owner is an association, the registration of the sale of a garage in a garage cooperative occurs in a different way. It consists in the fact that membership in the GSK is ceded for a fee (about which two citizens sign a corresponding agreement among themselves). In addition, the parties submit two applications to the board or other body of the cooperative on their own behalf: to withdraw from the GSK and to accept membership as its members.
The entire procedure related to the procedure for changing membership is prescribed in the charter of the cooperative. You should familiarize yourself with its provisions in advance before legally purchasing a garage in a cooperative. First you need to make sure that the previous owner of the garage had no debts to GSK. Otherwise, all obligations will pass to the future member of the cooperative.
There is one more piece of advice. In the agreement on the assignment of membership, it is advisable to include a condition that the nominal buyer transfers money to the seller after re-registering his participation in the cooperative.
What form of act is acceptable in 2021
Today, to draw up this document, it is not necessary to use a unified form.
However, the legislator does not prohibit this, allowing compilers to use old-style forms, which, by the way, can significantly reduce filling out time and avoid errors.
However, most often, the parties draw up the deed by hand on a blank sheet of A4 paper . The main thing is to provide complete and reliable information, as well as adhere to the rules for preparing business documentation (more on this a little later).
We buy with land
The peculiarity is that the garage and land must be sold separately.
If so, then two options are possible:
- Conclusion of two contracts: for land and garage.
- Registration of the sale of a garage with land in one contract, but with two different objects: the plot and the structure standing on it.
In practice, the second option looks preferable based on basic document flow. After all, you won’t need to compile extra paperwork.
Purchase and sale agreement for garage and land
This is roughly what it will look like. The subject of the contract contains information about the land and the garage (with all the characteristics, of course). For example, if we are talking about a plot, its area and cadastral number are indicated.
Since the land and garage are sold separately, the price and payment procedure can be agreed upon for each property.
The contract, together with the acceptance certificate, is drawn up in 3 copies. One of them will take Rosreestr for safekeeping.
Details of the acceptance certificate
When drawing up an act of acceptance and transfer of a garage when concluding an agreement between individuals for the lease or sale of real estate, the form must indicate:
- details of the seller (lessor) and buyer (tenant) - full name, passport number, place of residence;
- garage number, area, address;
- description of the garage after the inspection;
- date and signatures of the parties on the form.
Stages and step-by-step instructions
Buying a garage is quite a serious matter. After all, it can become a haven for a personal car for many years. Therefore, it is important to avoid mistakes at any stage of the process. Our instructions, consisting of several steps, will help you avoid them.
Step 1. Finding a suitable object
There are several ways to find the garage you want. First of all, this is a response to advertisements placed on the Internet or specialized automotive publications. Many people, in the old fashioned way, place advertisements for sale on street poles, bus stops, and notice boards.
At the same time, you can involve your friends in the search for a garage. After all, it is possible that one of their friends is just planning to sell their garage. This way, by the way, you can more easily negotiate a price.
When choosing a garage, you should first of all focus on such factors:
- proximity to home or place of work;
- the size of the garage (it must be selected based on the dimensions of the car and the planned placement of the tools and various necessary accessories);
- availability of space for minor machine repairs).
It is recommended to process several options at once and settle on the most suitable one.
Step 2. Inspect the garage
It should be carried out in several directions. First of all, this is the availability of electricity and fire extinguishing systems (fire extinguishers). You need to pay attention to the condition of the walls and roof. If it leaks in the rain or under the weight of snow cover, it can seriously damage the car.
Be sure to check the reliability and accuracy of the locks. After all, you cannot be 100 percent insured against car theft even in a guarded parking lot.
When inspecting it, it is useful to make a preliminary calculation of the new costs that will be required for subsequent repairs (painting doors, treating walls and roofs, reworking electrical wiring).
Step 3. Checking garage documents
Before signing the contract, you should make sure that the property belongs to the buyer legally. In the case of a stationary garage, the documents for its registration as a real estate property are checked. When purchasing a metal structure standing in the yard, you should inquire about the status of the land in front of it.
If the garage is located in a cooperative, then you should examine the documents confirming the seller’s membership in the GSK. Additionally, it is useful to make sure that there are no debts on contributions and other payments provided for by the cooperative’s charter.
It is necessary to get an idea of the seller's marital status. If the garage belongs to real estate, and was also purchased during the marriage, then notarized consent for the sale from the second spouse will be required.
You can get some information about the garage yourself. If there is a local reference, you can order an extract from the Unified Real Estate Register from Rosreestr. This document will provide information not only about the current owner of the garage, but also the presence of encumbrances (collateral, arrest) in the proposed purchase.
Step 4. Signing the contract
Here you can do without a notary. A simple written form will suffice. You need to be sure that the signatures on the agreement really belong to the buyer or seller. To do this, photographs pasted into the passport and autograph samples are checked.
Usually the contract is signed together with the acceptance and transfer certificate. These two documents are filed with each other. It is necessary to remember that the agreement and act must be drawn up in triplicate. One of them will then be stored in Rosreestr.
Step 5. Making payments + receipt of money for the garage
There are no uniform rules regarding the payment procedure. This means that the parties to the transaction can agree on any settlement scheme among themselves. For example, you can stipulate that the buyer must first make an advance payment. The remaining amount will be paid after registering the garage with Rosreestr.
In general, the scheme with payment upon registration of the garage by the buyer is the least risky for the latter. This will ensure that the seller does not suddenly refuse to complete the transaction at the last minute.
In order not to carry a large amount of money with you, you can make all payments by bank transfer. For this purpose, a payment scheme is used to the seller's account or card. You can also use the letter of credit form of payment.
When paying in cash, we recommend making a receipt confirming receipt of money for the garage. The sample can be downloaded below.
Receipt for receipt of money for the garage under the DCP
Step 6. Registration of the transaction
If the garage is capital, after signing the contract, the buyer is obliged to re-register the rights to himself. This is done through any convenient branch of Rosreestr or MFC. To do this, the seller and buyer write a joint statement.
Along with it are provided:
- purchase and sale agreement together with the deed in the original;
- copies of documents according to which the garage previously belonged to the seller.
Personal passports of each party will be required. If a representative is involved in the registration of the garage, you will need a power of attorney for him.
Step 7. Obtaining an extract of title
The entire process is completed by issuing an extract from the Unified Real Estate Register to the buyer. Depending on whether the garage is additionally required to be registered with the cadastral register, the extract will take 5 or 10 days to prepare.
When registering through the MFC, two more days should be added to this time. This is due to the exchange of documents between the MFC and Rosreestr.
Normative base
There are no established forms of the act in the legislation. In some cases, the document must be drawn up. These cases are set out in Article 556 of the Civil Code. Article of the Civil Code concerns the transfer of real estate.
ATTENTION! A garage is classified as real estate based on the characteristics set out in Articles 130-131 of the Civil Code. The main feature is the presence of a capital foundation, which is the basis of the garage structure. If a garage related to real estate is sold, a deed must be drawn up upon its transfer.
The document is relevant in the following situations:
- rental;
- sale;
- using an object as collateral;
- change of person responsible for the garage.
The paper is drawn up in two copies, according to the number of participants in the transaction. Both the buyer and seller must receive the original document. Transfer of copies is not permitted.
