Transfer deed under the contract of sale and purchase of an apartment and other real estate
Content
Agreements for the alienation of apartments are drawn up in writing, and the parties must properly record the transfer of real estate from the seller to the buyer. The moment of transfer of the apartment is confirmed by the transfer deed, while the parties carry out the actual transfer of the property.
Laws and regulations
The alienation of residential premises is fixed by drawing up an agreement in which the parties will have to set out the agreements reached on the essential and optional terms of the transaction.
In this case, the seller and buyer can include in the contents of the document any provisions that do not contradict the law.
Simultaneously with signing and registering documents, you need to confirm the moment of actual transfer of housing. It is for this purpose that a transfer deed to the apartment purchase and sale agreement is drawn up.
The requirement to draw up this document is provided for by the Civil Code of the Russian Federation, since without the actual receipt of the building, the contract has no legal meaning.
It must be taken into account that in Art. 14 of Federal Law No. 218-FZ contains the grounds for carrying out registration actions on real estate transactions.
Among the possible grounds, a purchase and sale agreement is indicated, but there is no mention of the transfer deed.
This is due to the legal significance of such a document as a deed of transfer for a sale and purchase - it cannot independently give rise to a transfer of ownership, since it is only an annex to the main agreement.
Why is it necessary to draw up a transfer deed?
The parties may indicate the timing of the actual transfer of housing in the purchase and sale agreement; the law allows the inclusion of such a condition.
In addition, the signing of an agreement often occurs by including in it a clause about the completed delivery of the property to the purchaser. What then is the legal meaning of a self-executed act?
When signing a purchase and sale agreement, the act will establish the following legally significant circumstances:
- the date of actual delivery of the real estate to the new owner, which will make it possible to delimit responsibility for the safety of the apartment;
- on the basis of the transfer deed, the keys to the apartment are transferred to the new owner of the property, this fact is also noted in the document;
- in the contents of the act, the parties describe in detail the actual condition of the transferred property, its hidden and visible defects, etc.
Before signing the contract and registering the rights to housing with the apartment, all its characteristics are determined. To do this, a visual inspection of each premises takes place in the presence of both parties, and if deficiencies are identified, a corresponding entry is made in the transfer act.
Contents of the act
Filling out a standard deed of transfer of residential premises during the sale and purchase is carried out taking into account the personal data of the parties and the current condition of each premises.
The contents of this document include the following items:
- date and place of signing the transfer deed, i.e. the day the property is transferred to the buyer;
- first name, patronymic, last name of the owner and buyer;
- the subject of the purchase and sale agreement is a specific apartment, whose characteristics and parameters are indicated in the act;
- description of the defects of the apartment identified during a visual inspection of the housing - faulty utilities, damage to individual elements of the improvement of residential and auxiliary premises, etc.;
- a clause on the presence or absence of reasoned claims to the quality condition of the transferred property;
- description of the composition of movable property transferred by the seller simultaneously with the residential premises (furniture, household appliances, individual landscaping elements, etc.);
- signatures of the parties.
The act is signed simultaneously, even if one of the parties has made special notes and comments to the document.
If one of the parties refuses to endorse the specified form, the transfer of property may not take place, which jeopardizes the further conduct of the transaction.
Sample
It is necessary to take into account various nuances that may arise when renting out residential premises to a buyer.
Download a sample act form.
If the transfer deed is signed without objections from the buyer, he will have the right to make claims only for defects that could not be identified by visual inspection.
In addition, if the seller did not notify the buyer about significant defects in the property, or concealed these facts, the buyer will be able to make a claim for damages or terminate the transaction altogether.
Damages may include actual costs that the buyer incurred to eliminate identified deficiencies, or future repair costs according to the estimate.
In order to sign the deed and transfer the apartment to the parties, the purchase and sale agreement itself will be required, since it specifies all the main characteristics of the property.
In addition, the contents of the transaction document will stipulate that the seller guarantees the absence of hidden defects.
How to accept an apartment correctly
The act must be drawn up only after a mutual inspection of the apartment.
If at least one of the parties is not present during the inspection and the actual transfer, but only signs it, unpleasant consequences may arise - making claims regarding the quality parameters of the apartment.
The absence of claims by the parties is recorded in the terms of the act, after which this document, together with the agreement, is sent to the Rosreestr office for registration actions.
After registration is completed, the original transfer deed will be returned to the parties along with the agreement and an extract from the USRN register.
Delay in handing over the apartment
Often, after signing the contract, the former owner evades the actual transfer of real estate, violating agreements and deadlines. What should the buyer do in this case?
If the seller delays the actual transfer of housing, the purchaser has the right, at his own discretion, to demand:
- forced transfer of an object, including in court;
- termination of the transaction and return of funds.
It is advisable to include in the contract a clause on full payment of the price of the property only after its full provision to the purchaser.
This will avoid problems and difficulties between the parties, since the seller who evades the transfer of real estate will not receive the funds due to him.
Refusal to sign the act
When inspecting an apartment and drawing up a report, one of the parties may avoid signing this document.
If you refuse to sign the deed of transfer of residential premises, the very fact of acceptance of the property will have legal significance. If the purchaser has actually accepted the property, the contract can be considered valid.
The refusal to sign may be recorded by the second party, including in the presence of third party witnesses. In this way, the reasons for refusal to sign a joint document when transferring an object can also be recorded.
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