Be that as it may, shared ownership can help a citizen out in cases where he does not have sufficient funds or the necessary intentions for a full-fledged legal transaction.
At the same time, it becomes clear to every citizen claiming this type of right that this procedure requires a more careful approach than in the case of ordinary property transactions. However, owning a share allows you to participate in all property transactions without exception, including exchanging it.
Legislative framework regulating the exchange of shares
An agreement for the exchange of shared ownership can be drawn up in a fairly free form, but have the basic parameters provided for by law for such documents.
The main one is the provision of Ch. 31 Civil Code of the Russian Federation. It formulates the basic terms of the transaction.
In addition, exchange participants should be familiar with the following articles:
- Civil Code: Art. 163, Art.
168, art. 169, art. 209 and Art. 567. And also: articles 177, 178, 179; 288, 289, 290; 549, 550, 551. - Housing Code: Art. 17, Art. 18, art. 30 and 37, 38, 39.
- Articles and 35 of the RF IC.
Read about what the legislation says about exchange contracts and non-privatized real estate here.
Transfer of ownership
6.1. In accordance with Part 2 of Art. 558 of the Civil Code of the Russian Federation, this agreement is subject to state registration and is considered concluded from the moment of such registration.
6.2. According to Art. 131 of the Civil Code of the Russian Federation, ownership and other real rights to immovable things, restrictions on these rights, their emergence, transfer and termination are subject to state registration in the unified state register by the body carrying out state registration of rights to real estate and transactions with it.
6.3. In accordance with Part 1 of Art. 551 of the Civil Code of the Russian Federation, the transfer of ownership of these apartments is subject to state registration with the authorities that carry out state registration of rights to real estate and transactions with it.
Contents of the agreement
An agreement for exchanging a share of an apartment for an apartment or exchanging an apartment for a share in an apartment includes the fact of the transaction, while focusing on specific aspects of the procedure. The exchangers must clearly approve the conditions under which the transaction will be carried out, as well as through which the alienation and acceptance of the property of each party will be carried out.
The content of the agreement for the exchange of shares in an apartment includes the presentation of personal data of the owners of the shares, the presentation of the objects participating in the property transaction, based on the information reflected in the legal regulations and technical documents.
The main fragments of contractual terms are those that define the exchange process itself or the procedure that has become the only legal basis for recognizing the ownership of another share transferred to the owner in exchange for the alienated one.
This fact must be clear from the context of the document and not give rise to interpretation.
Therefore, any contract document must be drawn up concisely and legally correct. Below you can see a sample agreement for the exchange of real estate shares.
Sample agreement for the exchange of shares in an apartment (shares of an apartment).
The undercurrents that motivate the exchange should be expressed here Most likely, citizens will not enter into a deal without special reasons. These may include:
- change of area;
- extension;
- receiving additional payment.
These points must be reflected when drawing up the contract in order to avoid disputes as a result of its cancellation.
The conditions for cancellation and non-recognition of the contract must also be carefully spelled out, since if the specified conditions are not observed by one party, the other has the power to force compliance. Otherwise, it will have to be terminated.
This type of contractual relationship is characterized by the fact that in this aspect it is impossible to convey a specific spatial characteristic of a real object, that is, a place or part of the area in one of the rooms where the subject could legally be.
This type of right is virtual to a certain extent; it provides for the use of an object based on the rights certified in the contract, and subsequently in the act. Let's look at an approximate example of how a document can be compiled. BARGAIN AGREEMENT
Compiled on 08/31/10
We, Viktor Mikhailovich Boev, hereinafter referred to as “Party 1”, passport (specify details) on one side,
And Miroshnichenko Igor Vasilievich, hereinafter referred to as “Party 2”, passport (specify data) on the other hand, have drawn up this agreement as follows. 1. THE SUBJECT OF THE AGREEMENT
1.1. Each Party undertakes to transfer its share of ownership of the apartments in exchange for the other. Subject to the conditions specified below.
1.2. Party 1 transfers to Party 2, 1/6 share in the right of common shared ownership of the square. N 60, located in the house at the address: st. Sovetskaya 72. In exchange for Party 2's 1/2 share in the sq.m. owned by the right of shared ownership. N 8 in the house located at the address: lane. Tsurkova 220.
1.3. 1/6 share in the right of common shared ownership of the sq. N 60 in the house located at the address: st. Sovetskaya 2, belongs to Party 1 on the basis of a purchase and sale agreement (specify).
The ownership of Party 1 for a 1/6 share in the right of common shared ownership of the apartment was registered in the Sverdlovsk Regional State Committee for Property Management.
The apartment is located on the 3rd floor of a residential brick building, consists of 2 rooms, has a total area of 83.7 sq. m. m, living area 46.6 sq. m, utility area 9 sq. m. Cadastral number (specify), which is confirmed by cadastral passport No. (specify).
The inventory assessment of 1/6 of the share of the specified apartment is 240,000 rubles. (two hundred forty thousand).
1.4. 1/2 share in the right of common shared ownership of the sq. N 8 in the house located at the address: lane. Tsurkova220, belongs to Party 2 based on the right of inheritance (specify). The ownership right of Party 2 for a 1/2 share in the right of shared ownership of the apartment is registered in the Sverdlovsk Regional State Committee for Property Management. The apartment is located on the 2nd floor of a residential brick building, consists of 1 room, has a total area of 24 sq. m. m., living area 12.2 sq. m, without balcony and utility area. Cadastral N (specify) which is confirmed by cadastral passport No. (specify).
The inventory assessment of 1/2 share of the apartment is 442,000 rubles. (four hundred forty two thousand).
1.5. The parties guarantee that they are the owners of the transferred property, which is not under arrest, pledged, or encumbered by other grounds. 2. EXCHANGE PROCEDURE
2.1. The exchange is carried out simultaneously.
September 1, 2013 at the address: st. Sovetskaya 2, Party 1 transfers the property to Party 2.
1.09.2013 at the address: lane. Tsurkova 220, Party 2 transfers property to Party 1.
2.2. Ownership of shares in property rights passes to the Parties simultaneously upon fulfillment of the obligations to transfer rights to each of the Parties. 2.3. The property to be exchanged has different values.
The difference in the price of the exchanged property is 242,000 rubles. (two hundred forty-two thousand). This amount is due to be paid by Party 1 in favor of Party 2.
2.4. Payment must be made on September 2, 2013 as a result of the transfer of rights to a share in real estate by deed of transfer. 3. RESPONSIBILITY OF THE PARTIES
3.1. If the deadlines for payment of the difference are violated, Party 2 has the right to demand from Party 1 payment of a penalty in the amount of 300 rubles for each overdue day.
3.2. Violation of the agreed procedure or contractual deadlines for the transfer of property rights entails consequences for the unscrupulous Party and the possibility of requiring it to pay a penalty in the amount of 500 rubles for each day of delay. 3.3. For failure to fulfill obligations, each of the Parties is responsible based on the provisions of the Civil and Housing Codes of the Russian Federation. 4. FORCE MAJOR CIRCUMSTANCES
4.1. The parties are released from liability for complete (partial) failure to fulfill their obligations in the event of force majeure: extraordinary and unavoidable circumstances under the given conditions (list).
4.2. When they occur, the Parties are required to provide notification within 5 days.
4.4. If they continue to operate for more than 1 calendar month, the Parties have the right to terminate the Agreement. 5. FINAL PROVISIONS
5.1. This Agreement is drawn up in four copies having equal legal force.
5.2. The transfer of ownership of the specified shares in the ownership of apartments is subject to state registration in the cadastral records of the Sverdlovsk Regional State Property Committee.
Upon completion of the execution of contractual provisions, the texts of all copies must be signed by the subjects of the exchange and the required rights must be attached. The agreement without registration is invalid. Accordingly, the transaction must be entered into the accounts.
Essential conditions
Let's talk about the essential terms of the agreement. They are required to be indicated in the contract and to be executed at the same time. Let's look at the main ones:
- The quantity of goods is the main condition. This clause of the agreement talks about the quantitative ratio of the property that is the subject of the agreement, as well as the procedure for determining it. This is stated in Articles 456, 466 of the Civil Code.
- Assortment of goods - this item is provided for in Article 467 of the Civil Code. Since we are talking about two parts of real estate, this must be indicated in the document. Also, the assortment may not be defined.
- quality . A very important point, as it allows the parties to visually see on paper that the quality corresponds to the current state of affairs. This paragraph is provided for and regulated by Article 469 of the Civil Code.
- complexity . Provided for in Article 478. This condition is applicable if furniture and other components of the housing paraphernalia are transferred along with part of the real estate.
- Execution of obligations . Term. In accordance with Article 457 of the Civil Code, the contract must clearly define the period within which the parties must transfer the property to the other party.
- Other conditions. If the parties have other requirements for each other, these also need to be written down. Verbal compliance with the terms is not always met and may result in a violation of the rights of one of the parties.
If the agreement does not stipulate a quality condition, then one of the parties will not be able to challenge the exchange agreement if he is not satisfied with the condition of the share.
Additional documents and applications
When drawing up a contract, you will need to provide a passport, as well as:
- Legal and legal documents.
- Documents for technical and inventory information.
- Permissions from all co-owners to share in the right from each party.
- Permission from the spouse, in his absence, submit a statement about his absence.
- The act of accepting the transfer under the agreement for the exchange of shares.
Sample act of acceptance of transfer under an agreement for the exchange of shares (property).
In addition, it is necessary to draw up acts of alienation of the right and its acceptance by the other party.
This is very important in the sense that in some cases the information obtained during the presentation of a share in the right is strikingly different from the real state of affairs. On the basis of such an act, it will be possible to demand from the co-owners the unhindered observance of the right of use. Otherwise, the contract may be cancelled.
What is it needed for?
An exchange agreement is an incredibly important act. It allows you to complete this transaction as quickly and competently as possible, avoiding unnecessary financial contributions .
As you know, the well-known purchase and sale transaction requires the payment of a tax from citizens participating in it in the amount of 13 percent .
Since the exchange is a two-way transaction, where each opponent acts as both a seller and a buyer, the tax would have to be paid twice, executing two sales transactions.
Exchange involves a one-time payment of tax, which significantly reduces your registration costs.
An agreement is also necessary in order to establish a new right of ownership of certain shares in the residential premises as quickly as possible. This document is drawn up much faster than transactions in other forms.
Also, an exchange agreement is a very functional act. It may specify various nuances, ranging from the fact of additional payment to the individual responsibilities of each party.
You can learn about the specifics of exchanging a room for a house and a plot of land, and vice versa, a private house or cottage for an apartment with an additional payment, as well as how to draw up an agreement to exchange an apartment for a house with a plot of land on our website.
Submission of documents
After a successfully completed property transaction, the parties will need to:
- Make 2 copies of documents.
- Attach 4 copies to the originals and copies of documents. contracts, 2 of which will remain in the State Property Committee, and one will be returned to each of the owners.
- Pay the state fee and attach receipts.
- Submit what is indicated for inclusion in cadastral records by writing an application.
Documents will be accepted against signature, and after 21 working days, upon presentation of a receipt and passport, new ones will be received.
Where to begin?
You need to advertise your home for sale. This can be done by contacting a real estate agency , or independently - through specialized websites or printed publications.
When a buyer has been found and has proven the seriousness of his intentions (made an advance or a deposit), you need to start looking for suitable options for purchase . This is done by analogy with finding a buyer for your property - through realtors or on your own.
Minor copyright holder
Parents often acquire a share in the right to their children and draw up an agreement for the exchange of shares of an apartment with the minor.
If they have not yet reached 18 years of age, this is not an obstacle to the transaction. To register a share, such a copyright holder needs a representative.
Typically, this role is played by parents who act in the interests of the child and have the right to sign instead.
In some cases, upon reaching the age of 14, with the permission of the parents and under their control, the copyright holder is able to personally sign documents confirming property rights.
Sample: agreement for the exchange of shares in an apartment with a minor.
Form requirements
This is an official document , therefore it is drawn up in accordance with all canons of legislation.
The first and most important rule is that the document is drawn up on a white A4 sheet.
The sheet must be smooth and not wrinkled and free from extraneous inscriptions.
Filling out is allowed both by hand and by printed text on a computer. For each method there are established rules .
If you fill out the paper by hand, then the paste used to write this document should be black or dark blue. Make sure your handwriting is neat and legible. It is also unacceptable to make grammatical errors.
Computer text is most suitable for design. When writing an application, a standard computer font, black, is used. In this situation, making mistakes is also unacceptable.
