The form of the document “Agreement for the sale of a share in an apartment” refers to the heading “Agreement of sale, contracting agreement”. Save the link to the document on social networks or download it to your computer.
CONTRACT
purchase and sale of a share of an apartment
city of Moscow "___" _______________ year
We, a citizen of the Russian Federation _________________ ____________, born __________________________________________________________________, hereinafter referred to as the "Seller", on the one hand, and
citizen of the Russian Federation _________________________________ ______________________________________________________________, hereinafter referred to as the "Buyer", on the other hand, collectively referred to as the "Parties" have concluded this Agreement as follows:
1. The Seller sold, and the Buyer acquired ½ share of the apartment (hereinafter referred to as the “Main Agreement”), located at __________________________, with a total area of ____ sq. m., with a living area of ____ sq.m., located on the 3rd floor, with a cadastral reference number ________, (hereinafter referred to as the “Apartment”).
2. The apartment belongs to the Seller on the right of ownership, which is confirmed by the Certificate of State Registration of Rights ____________, issued by __________, by the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow, record of state registration No. ______________.
3. The cost of ½ share of the Apartment is estimated by the parties at _________ rubles. __ kop.
4. Settlement between the Parties to this Agreement will be carried out no later than three calendar days from the moment of state registration of the transfer of ownership of the Apartment to the Buyer, by using an individual bank safe (cell).
The amount specified in paragraph 3 of this Agreement is placed in a bank safe (cell) by the Buyer before submitting documents for state registration of the Agreement and transfer of ownership of the Apartment from the Seller to the Buyer.
The Seller gets access to a bank safe (cell) after the state registration of this Agreement and the transfer of ownership to the Buyer, upon presentation of the registered agreement to the bank.
5. In accordance with paragraph 5 of Art. 488 of the Civil Code of the Russian Federation, the Seller does not have the right to pledge for the specified apartment.
6. The seller guarantees that the specified Apartment has not been alienated to anyone, not pledged, not bequeathed, is not the subject of debt, has not been transferred as a contribution to the authorized capital of a legal entity, has not been concluded in relation to it, a marriage contract has not been concluded, in a dispute and under prohibition (arrest) is not located, rent, lease, rights of third parties is not burdened.
7. On the day of signing this agreement in the apartment at the above address, the registration includes:
- __________________________ ____________ year of birth;
The Seller undertakes to deregister within 30 (thirty) days from the date of registration of this Agreement. There are no other persons retaining the right to use this apartment after the transfer of ownership of it from the Sellers to the Buyer.
8. The seller guarantees that persons taken into custody, sentenced to serving time in correctional institutions, persons called up for active military service, temporarily left due to the conditions and nature of work, including in connection with going on a business trip abroad, to study , or absent in connection with the performance of the duty of a guardian (custodian) in the specified apartment is not available.
9. The Seller guarantees that at the time of signing this Agreement, the Apartment is physically vacated.
10. The seller undertakes to transfer to the buyer an apartment in good condition, not burdened with debts for payment of housing and communal services and electricity.
11. In accordance with Art. 556 of the Civil Code of the Russian Federation, when transferring the Apartment, the parties draw up a transfer deed, which is an integral part of this agreement. The act of transfer is drawn up and signed by the parties after the receipt of funds under this Agreement by the Seller.
12. The obligations of the parties under this Agreement are considered fulfilled after the full and final settlement of the Buyer and the Seller in accordance with paragraph 3., paragraph 4. of this Agreement, followed by the transfer of the Apartment in accordance with paragraph 11 of this Agreement.
13. The parties guarantee that they are not limited in capacity, are not under guardianship, guardianship and patronage, for health reasons they can independently exercise and protect their rights and perform duties, do not suffer from diseases that prevent them from realizing their nature and directing their actions when signing this Agreement . The Parties also guarantee that they have no circumstances forcing them to make this transaction on extremely unfavorable terms for themselves, that they are aware of the consequences of violating the terms of this Agreement. The Parties confirm that the text of this Agreement is agreed upon by them, fully complies with their will, before signing this Agreement was read by the parties personally.
14. The costs associated with the state registration of this Agreement and the transfer of ownership of the Apartment from the Seller to the Buyer shall be borne equally by the Parties in the manner prescribed by the current legislation of the Russian Federation.
15. Disputes that may arise in connection with this Agreement, the Parties will seek to resolve in pre-trial proceedings through negotiations.
16. If an agreement is not reached as a result of the negotiations, the Parties have the right to submit the dispute for resolution in court in accordance with the current legislation of the Russian Federation.
17. This Agreement comes into force from the moment of its state registration and is valid until the Parties fully fulfill their obligations.
18. All changes and additions to this Agreement are considered valid if they are made in writing, signed by both Parties and have passed the state registration.
19. This Agreement is made in 3 copies, one for each of the Parties and one copy for storage in the body that carries out state registration of rights to real estate and transactions with it.
SIGNATURES OF THE PARTIES
_________________________
_________________________________________/__________________
_________________________
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It is no secret that office work has a negative impact on both the physical and mental state of the employee. There are quite a lot of facts confirming both. -
At work, each person spends a significant part of his life, so it is very important not only what he does, but also who he has to communicate with.
If a citizen has a document proving that he is the sole owner of the residential premises, then he can do whatever he wants with his real estate -, or.
But in the case of shared ownership, the right to dispose of property has all shareholders. Being the sole owner of a home, you can, for example, sell it without any restrictions, while the conditions for the sale of a certain share have their own nuances and peculiarities.
Preemptive right of the second owner to redeem a share
It must be understood that the owner of a share can only sell that part of the apartment that belongs to him, and the owners of the remaining shares have the right of priority redemption.
So the first thing to do is send them written notice, in which it will be proposed to redeem a share at a certain price and conditions.
If within months the answer is not received, the owner of the share can absolutely legally make the sale, but with one caveat - the price must not be lower than that offered to equity holders.
Important: very often, owners confuse the right of first refusal and the ability to prohibit / allow. The second is nonsense from a legal point of view. Right of First Purchase does not give the owner the right to prohibit the owner from selling his share.
If the right of first-priority purchase of other homeowners has been violated, and the owner of the share has put his share up for sale earlier, than the month has passed, then the owners of other shares can apply to the court. The court may transfer the rights and obligations of the buyer, who illegally redeemed the share, to the owners, whose pre-emptive right to purchase was violated.
Allocation of a share in an apartment in kind
Highlight its share of the common property is possible only if this procedure does not cause any damage to the joint property. But this is very difficult to put into practice, since it is impossible to divide the places intended for common use in a residential building, which include corridors, bathrooms, kitchens, and so on.
Purely theoretically, such allocation of a share is possible if a separate entrance to the premises is made for each owner of the share. Therefore, the scheme is most often used when monetary compensation is paid a shareholder who wants to separate, other participants in the transaction. In this case, the person who sold his share loses all rights to the common use of the property.
If the shareholders do not have mutual understanding and it is not possible to agree in any way, which happens quite often, the problem is solved by litigation.
Such cases are dealt with in district court where you live where the corresponding application is submitted.
The document must contain:
- passport details of the plaintiff and defendant;
- request for a share in kind;
- on what grounds the plaintiff is demanding a share;
- information about the results of the proceedings preceding the trial;
- copies of the documents attached to the application.
The court may refuse to allocate a share in kind - the reason, most often, is indivisibility of the apartment. At the same time, it can appoint a special procedure for the use of housing, that is, for example, allocate one room in a residential building for each shareholder. Of course, from a legal point of view, in this case, the property remains with the right of common ownership.
How to draw up a contract and its nuances
The process involves drawing up agreements. Such a document, if available, will be considered legal and have legal force. The advantage is primarily enjoyed by other equity holders. In case of their refusal, part of the apartment is put up for free sale.
There are certain difficulties and nuances - according to the current legislation, all owners of shares have the right to manage real estate based on equity participation. In other words, in order to sell your share in an apartment, you first need to get other members' permission.
But how can the seller obtain such permission if the other owners of the shares do not live with him and do not know where to look for them? In this case, it is recommended to send sale notice at the last known address.
The contract of sale is drawn up on a standard form, and must be signed at the end by all interested parties. Such an agreement does not require certification by a notary, it is simply rented to Rosreestr to register the fact of the transfer of rights to a share from one person to another.
The contract must contain the following information:
- passport data of all participants in the process;
- description of the share for sale and the apartment itself (postal address, document confirming the right to this property, area);
- separately — share price;
- a list of citizens who live in this apartment and will live after the transaction.
Sample contract for the sale of a share of an apartment
It is a rather voluminous document; when compiling it, 17 important points should be taken into account:
- Joint statement of the parties (buyer and seller), which indicates the passport data, date and place of compilation.
- The exact address of the apartment with a detailed description of the share for sale.
- The price at which the object of the transaction is valued and the terms of payment (for example, payment must be made no later than two weeks from the date of signing the contract).
- On what basis is the share being sold (documents on must be attached).
- Seller's guarantees about the legal purity of the transaction (no pledge, arrest, encumbrances, etc.).
- The procedure for settlements between the parties (for example, through a depository safe of a bank).
- Information about the registered persons in the area for sale and the obligations of the extract after a certain period of time.
- Information that the owners of other shares have been notified in accordance with applicable law.
- The seller's obligations to transfer the object of the transaction in the proper form (suitable for living, without).
- Seller's guarantees that this contract is concluded in a sober mind and firm memory.
- The Seller guarantees that from the moment of signing the contract, he will not be engaged in the alienation of the share, encumbrance of third parties or allow the deterioration of its condition.
- The agreement becomes effective immediately after its signing.
- Rights and obligations of the parties.
- Confirmation of the parties that they do not have serious illnesses that would interfere with understanding the essence of the contract being drawn up.
- All costs associated with the execution of the document, the parties share in half.
- The contract is drawn up in triplicate - to the seller, the buyer and for storage in Rosreestr.
- The transfer of rights under the contract must take place.
Registration of the contract
The mandatory final stage is the registration of a share in the relevant branch. To register, you will need to pay a state fee, as well as provide the following documents:
- Parties' passports.
- Share sale and purchase agreement.
- Acceptance certificate (attached to the contract).
- Application for .
- Application for registration of the transfer of ownership of a share in an apartment.
- Documents that confirm the refusal of other owners to acquire a share, as well as confirming the fact of sending notices of the sale to the owners.
Selling a share in an apartment: legal advice on video
It is not always easy to obtain the consent of other owners, for example, what should divorced spouses do who cannot find a common language? The real estate lawyer in the video below explains in more detail the issue of selling a share in an apartment without the consent of other owners.
If you need to process the purchase / sale of a share in an apartment or room, then you need to take into account changes in the law.
Since June 2016, a contract for the sale / purchase of a share in an apartment or a room in an apartment can only be drawn up before a notary.
Appointment for registration of a donation agreement by a notary or without the participation of a notary is carried out by phone. - 8 495 626 00 33.
(Sample)
Contract of saleshare of the apartment
city of Moscow, August 8, two thousand and fifteen
We, gr. Russian Federation, Boronina Maria Ilyinichna, April 1, 1931, female gender, place of birth: Chelishchev Khutor, Oktyabrsky district, Lipetsk region, passport series 45 01 175001, issued on October 11, 2001 by the Passport Office No. 2 of the Presnensky Department of Internal Affairs of the city Moscow, subdivision code 772-113, registered at the address: Moscow, st. Borovskoy proezd, 41, apt. 55, hereinafter referred to as the "Seller", on the one hand, and
gr. Russian Federation Lietenantova Nadezhda Nikolaevna, October 05, 1961, female gender, place of birth: der. Byl' of the Voskresensky district of the Lipetsk region, passport 70 06 852900, issued on 02/07/2007 by the department of internal affairs of the Sovetsky district of the city of Tula, subdivision code 712-002, registered at the address: Lipetsk, Krasnoarmeisky prospect, 15, apt. 89, hereinafter referred to as the "Buyer", on the other hand,
entered into a contract for the sale of an apartment
about the following:
1. I, gr. Boronina Maria Ilyinichna, I undertake to transfer to the property, and I, gr. Lieutenantova Nadezhda Nikolaevna, I undertake to accept and pay in accordance with the terms of this agreement the following real estate:
1.1. ½ (one second) share of an apartment with a total area of 42.7 (forty-two point seven) sq.m., consisting of 2 (two) rooms, located at the address: Moscow, Borovskoy proezd, house 41, apartment 55.
1.2. ½ (one second) share of the apartment, with a total area of 42.7 (forty-two point seven) sq.m, consisting of 2 (two) rooms, located at the address: Moscow, Borovskoy proezd, house 41, apartment 55.
2. The share specified in paragraph 1.1 belongs to the Seller on the basis of the Transfer Agreement No. 011210000500 dated December 20, 1991, about which a certificate of ownership of the dwelling No. 0634111 was issued on February 05, 1992.
The share specified in paragraph 1.2 belongs to the Seller by right of ownership on the basis of the Certificate of the right to inheritance under the law of June 27, 1995, certified by the state notary 31 of the Moscow State Notary Office Salomatina O.G., registered in the register under No. 6n-1070.
3. The ½ share specified in clause 1.1 is sold for 4,000,000 (four million) rubles. Agreement
The ½ share specified in clause 1.2 is sold for 4,000,000 (four million) rubles. Agreement about the price is an essential condition of this contract.
4. Settlement between the parties is made upon signing the contract, about which an act of acceptance and transfer of funds is drawn up.
5. The Buyer is satisfied with the quality of the above shares, established by internal inspection before the conclusion of this contract, and did not find any defects and shortcomings during the inspection, which were not reported to him by the Seller.
6. In accordance with Article 556 of the Civil Code of the Russian Federation, when transferring objects to the ownership of the Buyer, the parties draw up a transfer act.
7. The buyer acquires the right of ownership to the specified shares (total of the apartment) after the state registration of the transfer of ownership.
8. After registration of the transfer of ownership, the buyer carries out at his own expense the repair and operation of the above shares (total apartments) in accordance with the rules and regulations in force in the Russian Federation for state and municipal housing stock.
9. With the content of Art. 167, 209, 223, 459, 549 and 556 of the Civil Code of the Russian Federation the parties have been acquainted.
10. The Seller guarantees that, prior to signing this Agreement, the specified shares have not been sold to anyone, not donated, not pledged, not encumbered with the rights of third parties, are not in dispute and under arrest (prohibition), are not limited in registration records.
11. At the time of signing this Agreement in the apartment located at the address: Moscow, Borovskoy proezd, house 41, apartment 55, the Seller Boronina Maria Ilyinichna is registered.
12. The parties to the agreement confirm that they are not deprived of legal capacity, are not under guardianship and guardianship, do not suffer from diseases that prevent them from understanding the essence of the agreement, and there are no circumstances that force them to conclude this agreement on extremely unfavorable conditions for themselves.
13. This agreement contains the entire scope of agreements between the parties regarding the subject of this agreement, cancels and invalidates all other obligations or proposals that could be accepted or made by the parties, whether orally or in writing, prior to the state registration of this agreement.
14. This agreement may be terminated exclusively in accordance with the established legal procedure.
15. The costs associated with the registration of rights under this agreement shall be borne by the Buyer.
16. This agreement is made in three copies, one of which is with the Seller, the second - with the Buyer, the third - in the Office of the Federal Service for State Registration, Cadastre and Cartography in Moscow.
Signatures of the parties:
Salesman
(full name, signature)
Buyer
(full name, signature)
Last modified: January 2020
The owner of real estate disposes of it at his own discretion, transferring it for rent, gift or sale. However, in relation to the shared right to property, there are some peculiarities associated with the presence of other interested persons, co-owners of a single object. The contract for the sale of a share in an apartment is drawn up on the same principles as the rest of the property, however, the process obliges certain conditions to be met.
When selling a share, the pre-emptive right of other owners to buy out is taken into account. The alienation of part of the housing in favor of an outsider is possible only with the formal refusal of other equity holders.
Before making a deal with another buyer, they undergo a mandatory preliminary approval process with the other owners. To do this, the seller notifies shareholders in advance of the planned event and informs the terms of sale, on which redemption is possible. A sample sales letter can be downloaded below.
A 30-day period is allotted for consideration of the proposal, after which the seller receives the right to re-register the share. If other owners of shares refuse the right to redeem, the law allows legal alienation on the same terms that were offered to current shareholders.
The restriction does not give the right to prohibit the transaction, but allows the remaining owners to expand the size of personal property.
Often, shares arise as a result of the privatization of an apartment for all family members, in which case an agreement can be concluded between relatives on the redemption of shares in order to further combine parts of the apartment into a whole property.
If the deadline for waiting for a decision or exclusion from the procedure for the priority offer of a transaction to the current owners of the object is not observed, the latter have the right to challenge the sale of the property through the court and recognize the transaction as illegal. Since such a situation is disadvantageous to none of the parties, the terms of agreement should be strictly observed before alienation by shares.The documentary basis for signing the bill of sale will be confirmation that all interested parties have been notified of the upcoming sale, or a written waiver of the priority right (see sample application for waiver of pre-emptive purchase).
By agreement of the parties, it is drawn up with a deposit or advance payment.
Before the sale, it is necessary to determine whether it is necessary to allocate a share in kind, and how to do this. It should be borne in mind that if you want to sell your part to other co-owners, a natural division may not be required (if the buyer intends to combine all the shares into a single whole).
There are some nuances with the use of maternity capital in the calculations for the purchased part of the property. Transactions between relatives are not prohibited by the Civil Code of the Russian Federation. However, when using materiel funds, the restriction applies to persons who are closely related (children, husband), that is, the owner of the certificate cannot redeem a share from a husband or child who are joint owners. This eliminates the risk of illegal cashing out of funds. Also, one of the requirements of the PF when buying a share is that as a result of the transaction, the entire apartment becomes the property of the owner of the certificate for the mother's capital and the family. Although there are cases when the PF allows the purchase of a share allocated in kind, and representing an isolated room.
Documents for concluding an agreement
In addition to prior notification of other owners, the owner of the share must prepare for signing a package of documentation, including personal papers and documents for the transaction:
- Seller's personal identification document (passport).
- Title papers for a share (certificate).
- Technical passport, .
- Statement of personal account.
- Certificate of all residents registered in the specified area.
- If the share was acquired during the marriage as joint property, the consent of the legal second half is drawn up.
- Refusal of redemption is drawn up at the notary. If incapacitated or minors are indicated among the owners, a written refusal is signed by their legal representatives.
In order for the signing of the contract to be recognized as legal, and the new owner to be able to re-register the right to property, it is necessary to comply with the essential conditions of the sale and purchase transaction.
Basic provisions
There are certain requirements for the execution of a bill of sale, the violation of which leads to the risk of recognizing the transaction as void. First of all, we are talking about how to properly draw up a contract and include mandatory details in it.
The parties to the transaction can be both ordinary citizens - individuals and organizations.
The structure of the text of the contract should allow to identify:
- parties to the transaction;
- alienated object;
- his condition;
- procedure for settlements and transfer of property;
- price;
- terms of fulfillment of obligations.
The validity of the contract begins from the moment of signing, and all the obligations stated in the contract are subject to fulfillment on the agreed terms. The document is considered valid if it bears the signatures of the parties, and the structure complies with the legal requirements for the contract.
Basic details
To draw up a document on your own, you can use ready-made standard forms, filling them in with the necessary information and adding your own special conditions to the contract (if necessary).
The contract will be recognized as a legally significant document if its provisions do not contradict the current legislation, and the signing procedure is carried out of the goodwill of both parties.
The important details of the document include the following parameters:
- Time and place of conclusion of the contract.
- Data about the buyer and the seller (full name, information about birth, citizenship, gender, information from the passport, registration address, bank details for transfer).
- The subject of the transaction requires a clear indication of the share, a detailed description of the alienated part and the entire apartment as a whole. The item must contain the following description: the size of the share, the exact address of the location of the apartment, the floor.
- The transaction price reflects the amount for which the buyer agreed to accept, and the seller can transfer ownership of the share. After a written notification of the other co-shareholders about the sale, it is impossible to change the transaction price without a new agreement.
- Payment parameters, terms and conditions of payment.
- Information about documents confirming the legality of the alienation (title documents, certificates, as well as documents confirming the presence / absence of third party claims for the specified part of the apartment).
- Information describing the identified shortcomings, defects, the general condition of the apartment.
- Information about citizens who are residents of the facility, retaining the right to reside after the alienation of the share.
- Rights, obligations.
- Responsibility of the parties with a description of the possible consequences in case of non-compliance or violation of the clauses of the contract.
- Resolution of disputes.
- Establishment of those responsible for paying the costs of the transaction.
- The text of the agreement indicates how many copies were signed and who will have them after signing.
In addition to the agreement, further registration of the right to a new shareholder will require the signing of an acceptance certificate, which excludes further claims to the condition and the object itself. A receipt for receiving funds will become documentary confirmation of the fulfillment of the conditions for the purchase of a share, if the settlement procedure provides for cash.
When preparing the text of the contract, special attention is paid to the correct reflection of information about the subject of the transaction in the form of a description of objective indicators that make it possible to identify the object and determine it physically. The size of ownership is indicated as a fraction (the seller may own a certain number of shares out of the total number of initially determined shares).
It is mandatory to indicate in the contract whether there are restrictions on the right - registration of the object as a pledge, lease relations, the presence of an easement, and other possible claims from third parties.
The procedure for concluding a contract for the sale of a share in an apartment
Starting from July 2016, there have been some changes in the procedure for processing real estate transactions. If earlier it was allowed to sign an independently drawn up contract, then later there was a need for mandatory certification of the document by a notary.
It is required to notarize any transactions related to the alienation of shares in common property, including the sale of shares by all owners of a single object, or the sale of each share separately. This requirement does not apply to transactions for the alienation of property included in the property right of a mutual fund or upon purchase for the purpose of inclusion in a mutual fund.
Mandatory participation of a notary is required when drawing up a deed of sale, if one of the parties to the transaction is a minor or incapacitated citizen.
The notary is obliged to check for legality and certify the legality of transactions for paid alienation, as well as when transferring property as a gift or exchange.
The process of certifying the contract takes place in the following order:
- The personal documents of the parties are checked, carried out for compliance of the persons indicated in the documents with those actually present.
- Establishes capacity and ability to make independent decisions.
- Check the legality of the seller's rights to the alienated property.
- The text of the agreement is read aloud to all participants in the transaction.
- If there are questions, each of the points should be clarified by either party.
- After signing, the notary puts a stamp of certification of the document and then it is transferred for re-registration of the right.
The procedure for registering correctly a paid transfer of the right to a share differs little from any other paid real estate transaction, requiring prior notification of the other owners and an offer of the right to buy. Thus, it will not be possible to re-register the share for a new owner in a short time, due to the need to wait for the expiration of the 30-day period during which other equity holders have the right to redeem. This point must be taken into account when intending to sell a share to a third party.
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purchase and sale of a share of an apartment
Moscow city. The first of January two thousand and eight.
We are a citizen of the Russian Federation IVANOV IVAN IVANOVICH, 01/01/1900 year of birth, place of birth: Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the ______ district of Moscow on 01/01/2000, subdivision code 000-100, registered at the address: Moscow, prospect, house, building, apartment, hereinafter referred to as SALESMAN, on the one hand, and
citizen of the Russian Federation PETROVA MARIA IVANOVNA, 01/01/1900 year of birth, Moscow, gender male, passport 00 11 123456, issued by the Department of Internal Affairs of the district ______ of the city of Moscow on 01/01/2000, subdivision code 000-100, registered at the address: Moscow, avenue, house, bldg. , the apartment, hereinafter referred to as BUYER, on the other hand, have entered into this agreement as follows:
1. The SELLER sells and the BUYER buys ½ (one second) share in the apartment located at: Moscow city, street, house, building, apartment.
2. The specified apartment consists of one living room, has a total area of 50.2 (fifty point and two tenths) sq. m, including a living area of 30.3 (thirty point and three tenths) sq.m.
3. The specified apartment belongs to the SELLER by the right of ownership, on the basis of the contract for the sale and purchase of the share of the apartment dated 01.01.2000, registered on 10.01.2000. in the Office of the Federal Registration Service for Moscow No. 000/111/2000-222, which is confirmed by a certificate of state registration of rights, form series 77 AA 123456, issued on 10.01.2000. Office of the Federal Registration Service for Moscow, as stated in the Unified State Register of Rights to Real Estate and Transactions Therewith on 10.01.2000. a record of registration No. 000/111/2000-333 was made.
4. By agreement of the parties, the specified ½ (one second) share in the apartment is sold for 3,000,000 (Three million) rubles, which the SELLER receives from the BUYER, after the state registration of this agreement and the transfer of ownership in the Office of the Federal Registration Service in Moscow, on the day obtaining a registered contract.
5. ½ (one second) share in the specified apartment before the conclusion of this agreement was not alienated to anyone, not pledged, in a dispute, under arrest (prohibition) is not. The SELLER guarantees that ½ (one second) share in the specified apartment is not encumbered with the rights of third parties, is not transferred to trust management, lease, commercial lease, as a contribution to the authorized capital.
6. At the time of signing this agreement, the owner of the apartment, gr. IVANOV IVAN IVANOVICH.
7. The SELLER undertakes to transfer ½ (one second) share in the specified apartment to the BUYER within 1 (one) day after receiving this agreement registered with the Federal Registration Service for Moscow, in a habitable condition, to transfer the keys to the apartment according to the transfer act signed by both parties in accordance with Article 556 of the Civil Code of the Russian Federation.
8. From the moment of registration of this agreement with the Office of the Federal Registration Service in Moscow and the state registration of the transfer of ownership, the BUYER acquires the ownership of ½ (one second) share in the specified apartment and assumes in accordance with Art. 26 of the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy", the obligation to pay taxes on real estate, as well as in accordance with Art. 210 of the Civil Code of the Russian Federation bears the costs of repair, operation and maintenance of the apartment and, in proportion to the occupied living space, participates in the costs associated with maintenance and repair, including engineering equipment, common areas of the house, maintenance of the local area and repairs, including capital total Houses.
9. Prior to signing the deed of transfer, the risk of accidental loss or accidental damage to ½ (one second) share in the specified apartment and the responsibility for its safety is borne by the SELLER.
10. When signing this agreement, the parties confirm that they act voluntarily, not forcedly, on mutually beneficial terms, understand the meaning of their actions and are not mistaken about the transaction, have not been deprived or limited in their legal capacity, are not under guardianship and guardianship, do not suffer from diseases, preventing them from understanding the essence of the contract being signed, and they also do not have circumstances forcing them to make this transaction on extremely unfavorable conditions for themselves.
11. This agreement is considered fulfilled subject to the BUYER making a full settlement with the SELLER for the sold share in the apartment, as well as the transfer by the SELLER to the BUYER of the specified ½ (one second) share in the apartment within the time period established by this agreement, according to the transfer act signed by both parties.
12. Content of Art. Art. 28 (Active capacity of minors), 131 (State registration of real estate), 160 (Written form of a transaction), 161 (Transactions made in simple writing), 167 (General provisions on the consequences of the invalidity of a transaction), 209 (Owner's rights to own, use and disposing of one’s property), 210 (The burden of maintaining property), 211 (Risk of accidental loss of property), 218 (Grounds for acquiring property rights), 223 (Moment of the emergence of property rights), 288 (Ownership of residential premises), 289 (Apartment as an object of law property), 290 (Common property of owners of apartments in an apartment building), 292 (Rights of family members of owners of residential premises), 401 (Grounds for liability for violation of obligations), 433 (Moment of conclusion of the contract), 434 (Form of the contract), 450 (Grounds for changing and termination of the contract), 451 (Change and termination of the contract due to a significant change in circumstances), 452 (Procedure for amendment and termination of the contract), 453 (Consequences of amendment and termination of the contract), 454 (General definition of the contract of sale and its scope) , 460 (Transfer of goods free from the rights of third parties), 461 (Seller's liability in case of seizure of goods from the buyer by third parties), 462 (Obligations of the buyer and seller in the event of a claim for seizure of goods), 463 (Consequences of failure to fulfill the obligation to transfer goods), 475 (Consequences of the transfer of goods of inadequate quality), 476 (Seller's liability for defects in the goods that arose before the transfer to the buyer), 549 (Contract for the sale of real estate), 550 (Form of a contract for the sale of real estate), 551 (State registration of transfer of ownership of real estate), 554 (Price as an obligatory condition in a contract for the sale of real estate), 556 (Procedure for the transfer of real estate), 557 (Consequences of the transfer of real estate of inadequate quality), 558 (Features of the sale of residential premises) of the Civil Code of the Russian Federation, art. Art. 34 (Joint property of the spouses), 35 (Possession, use, and disposal of the common property of the spouses), 36 (Property of each of the spouses), 37 (Recognition of the property of each of the spouses as their joint property) RF IC, Art. 10 (Grounds for the emergence of housing rights and obligations), 17 (Purpose of the dwelling and the limits of its use) of the LC RF are known to the parties.
13. The BUYER bears the costs of concluding this agreement.
14. This agreement is drawn up and signed in three copies, one of which is kept at the Office of the Federal Registration Service in Moscow, one copy is issued to the SELLER and one copy to the BUYER.
15. In accordance with Art. 131, 551, 558 of the Civil Code of the Russian Federation, this agreement and the transfer of ownership are subject to state registration with the Office of the Federal Registration Service in Moscow.
SIGNATURES OF THE PARTIES:
IVANOV IVAN IVANOVICH
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PETROVA MARIA IVANOVNA
