Physical release of the apartment. When should the seller move out of the apartment? How to specify in the contract the terms and conditions for eviction of the previous owners

19.03.2022

Physical release of the apartment. A small detail or an important part of a sales transaction?

Many people selling or buying an apartment do not suspect that the transfer of the apartment after the transaction from the seller to the buyer or physical release is one of the important stages of the transaction. The majority of people do not attach much importance to this. And they hope that everything will go away on its own. Often real estate work ends with the issuance of a certificate of registration at the registration chamber. And then - where the curve will lead.
Recently, my colleague Sveta was conducting a difficult transaction. She represented the interests of a buyer who was very restless and fussy. At the long-awaited transaction, the buyer, after putting money in the locker and signing the purchase and sale agreement, began asking for the keys to the apartment, arguing that it was necessary to make repairs. The apartment was in poor condition. One can humanly understand his desire to move into a clean, renovated apartment. Sveta tried her best to dissuade him from taking the key from the counterparty (an agent representing the seller’s side). But the counterparty gave up the key, wanting to quickly end the transaction. The documents were sent for registration. The acceptance certificate was signed. I note that in this case, the buyer bears all responsibility for maintaining the apartment in proper order. The buyer began renovations and suddenly discovered that all the electrical wiring in the apartment had burned out. He immediately began calling the agent, demanding a meeting with the sellers and fixing the wiring fault at their expense.
But the sellers turned out to be not timid. I think they knew about the wiring fault. They flatly refused to pay for its replacement. Sveta tried to explain to the buyer that he himself was to blame for the current situation, because... she dissuaded him from taking the key to the apartment. The sellers said that the buyer actually accepted the apartment, took the key, and signed the deed.
The result of all this confusion was that Sveta had to pay for the replacement of the wiring from her commission money on this transaction. This is such a sad story in which everyone except the agent turned out to be right. The buyer was lucky that his interests were represented by an agency; there was someone to make claims that were not very deserved.
In the history of my transactions, there was a case when, after transferring an apartment to my buyer, a week later the tap in the riser of this apartment broke. The woman bought it to rent out. The entire entrance was without water, because... everyone was flooded with water. The purchased apartment was temporarily empty and she did not have time to go to the housing office and re-register the documents in her name. It was difficult for the DEZ workers to find her. The frightened customer immediately called me and asked what she should do now in this situation. She was very afraid of claims from her neighbors, but everything turned out well. She was not torn to pieces by her neighbors who were flooded with water, and there were no consequences.
In the first transaction in my life, I had to dismantle the suspended ceiling in the kitchen when handing over the apartment, taking out the wire promised to the buyer (it was not visible in the ceiling hole); the owners of the apartment used only the side light. I tried to persuade the buyer to call an electrician for this type of work, but he flatly refused. I remember my satisfaction with the result: the wire reached the floor. I had to borrow a neighbor's ladder to get it out. It was very comical to see myself in the role of an electrician.

Not all adventures end happily. Sometimes people suffer significant losses if they take this stage of the transaction lightly.
Have you ever gotten into any trouble when transferring an apartment? I think this topic is inexhaustible. Be careful with every step of the transaction, this will allow you to avoid troubles.

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 accordance with Article 304 of the Civil Code of the Russian Federation, the owner may demand the elimination of any violations of his rights, even if these violations are were not associated with deprivation of possession. In accordance with Article 305 of the Civil Code of the Russian Federation, the rights provided for in Article 305 of the Civil Code of the Russian Federation also belong to a person who, although not the owner, owns the property on the basis provided for by the contract.

The seller does not vacate the apartment

The seller signed an agreement stating that the apartment must be physically vacated within 10 calendar days after registration of ownership. But then he declares that he will vacate the apartment in 30 days, because... Now there are tenants in it. For each of these cases, an experienced agent will have arguments (some refer to laws, sometimes diplomacy) to defend the interests of their clients.
As a last resort, in order to force a person to fulfill agreements, there is a claim scheme under which he can be sued. But, as a rule, cases come to court when the apartment is not vacated for a month, two, three... Fortunately, unnecessary people in the transaction are rare, because agents, most often, think through the scheme to the end.

: features and timing

But from what moment it begins: from the moment the parties sign the purchase and sale agreement, from the moment of payment of funds, from the moment of state registration of the transaction, it is not specified. It is accepted in the professional community that by default this period does not exceed two weeks from the moment of state registration of the buyer’s ownership rights and payment of the full cost of the apartment. Therefore, in the absence of an acceptable deadline for vacating the home by the seller, special attention should be paid to the purchase and sale agreement, in which these deadlines will be specified.
The main thing is not only to insist on your position on the terms in oral negotiations with the owner, but also to ensure that the results of the oral agreement are transferred into the final text of the contract, do not forget to include the release period in the advance agreement, it is better to agree on everything on the shore.

Failure of the seller to leave the sold apartment

I sold my apartment. Buyers believe that they can move in immediately after payment. Is it so? We verbally agreed that 30 days after receiving the documents. And now they are almost starting to step on their heels. Are there any statutory deadlines for vacating an apartment under a purchase and sale agreement?” “I bought an apartment with a mortgage, but the seller doesn’t want to vacate it until he buys furniture for the new apartment.

What should I do if I now live with two children and cannot pay another month’s rent for an apartment and repay the loan at the same time?” “We are buying an apartment. When the former owner must vacate the apartment physically, i.e. leave? His realtor says that by law the period is 2 weeks.

Vacancy of the apartment after the sale

Full release after the sale includes: Legal release (deregistration). Physical release of the apartment (removal of things). Article 457 of the Civil Code of the Russian Federation establishes that the sold goods must be transferred to the buyer within the period established in the sales contract, and if this period is not established, then it is determined in accordance with Article 314 of the Civil Code as “reasonable”. As a rule, a reasonable period is considered to be one month.
But from what moment it begins: from the moment the parties sign the purchase and sale agreement, from the moment of payment of funds, from the moment of state registration of the transaction, it is not specified. Thus, a clear deadline for the transfer of an apartment must necessarily be provided for in the purchase and sale agreement, since it is not directly defined in any regulatory act, and the concept of a reasonable period is ultimately determined by the court.

Checking out and vacating the apartment

Attention

A purchase and sale agreement is considered concluded with the condition of its execution by a strictly defined deadline, if it clearly follows from the agreement that if the deadline for its execution is violated, the buyer loses interest in the agreement. The seller has the right to fulfill such an agreement before or after the expiration of the period specified in it only with the consent of the buyer. Article 314. Duration of fulfillment of the obligation1. If an obligation stipulates or makes it possible to determine the day of its execution or the period of time during which it must be performed, the obligation is subject to execution on that day or, accordingly, at any time within such period.2.

In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises.

How long can you live in an apartment after it is sold?

About Us
Post an ad
Publications
Contacts

I want to BuySellRentRentWhatApartmentCountry HouseCommercial real estate

home
About Us
Services
Question answer
Apartment search
Post an ad
Information
Publications
Contacts

Call me back Send message

Sell an apartment
To buy an apartment
To rent an apartment
Transaction support
Consultation

home
Publications
Purchase and sale transaction
Vacancy of the apartment after the sale

Very often we receive questions along the following lines:

“We bought an apartment, but we can’t move into it - the seller hasn’t removed our things.”
“When selling the apartment, we informed the buyer that we had nowhere to move yet.

In what time frame must the seller vacate the apartment after the purchase and sale transaction?

And now, when they ask for a contract, I also make sure to write down the deadline. Moreover, when communicating with realtors from other companies, they agreed that it was necessary to set a deadline, since then problems with release may arise and clients will go to the offices with claims. For normal companies, reputation is important and it is created from such little things as specifying the term in the contract, etc.

N_a_t_k_a. March 30, 2014 12:22 # didn’t you specify this point in the contract? N_a_t_k_a. March 30, 2014 12:00 # alas [anonymous 27648] March 30, 2014 12:05 # sadness civil code Article 457. Time limit for fulfilling the obligation to transfer the goods1. The period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the sales contract, and if the contract does not allow determining this period, in accordance with the rules provided for in Article 314 of this Code. 2.

In addition, it happens that people, when leaving an apartment, try to remove the linoleum, doors, remove glazing from the balcony, and take away the gas stove. They explain it like this: “This is MY stove”, “this was done at my expense.” Or, I remember, asking the seller: “Why do you need the old rotten frames from the balcony?” - “I’ll cover the greenhouse.”

To prevent this from happening, all agencies working in a civilized manner in the real estate market, as a rule, draw up an act in which they clearly state what the seller leaves in the apartment and what not. Although, in principle, a real estate agency is not responsible for the move or for the condition after the sale, and cannot deliver the apartment to the buyer correctly and on time, nevertheless, civilized companies do this. Because there is no more disappointed client than one who bought an apartment in one condition, but moves into, in fact, a completely different apartment.

It may be indicated that the apartment is transferred after registration of the contract or after payment or something else... if the deadline is not specified there, then it means that it is already obligated to transfer. Article 456. Obligations of the seller to transfer goods 1. The seller is obliged to transfer to the buyer the goods provided for in the sales contract.2.
Unless otherwise provided by the purchase and sale agreement, the seller is obliged, simultaneously with the transfer of the thing, to transfer to the buyer its accessories, as well as related documents (technical passport, quality certificate, operating instructions, etc.) provided for by law, other legal acts or agreement. Article 457. Time period for fulfilling the obligation to transfer the goods 1. The time period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the sales contract, and if the contract does not allow determining this period, in accordance with the rules provided for in Article 314 of this Code.2.

The seller does not vacate the apartment after the sale on time

How to prove that the lack of heat in the apartment was the fault of the previous owners? How to defend your rights? Transfer of a share in a housing construction cooperative; a housing cooperative is building a residential building; The individual entrepreneur bought his share from him (the corresponding agreement on the assignment of the right to claim the share was registered in the housing construction cooperative) and sold it to an individual... Counter purchase of an apartment. We don’t have time to free her. What to do? We sold our apartment and bought another (primary).

The developers promised the keys within a month, but so far they are not there, we must vacate the apartment, but how can we vacate when there are no keys to the new apartment? Shared ownership of an apartment - a share can be rented out, can be sold. My husband, after the death of his father, inherited 2/3 of the apartment. His niece received 1/3. How can I rent or sell an apartment? The niece doesn’t want to hear anything about the sale...

A happy day has come, all questions about finding an apartment have been resolved, but many new property owners are faced with a problem: the former tenant has not moved out of the apartment and says that, by law, he can still stay. When should the seller vacate the apartment and deregister? In this article you will find answers to this question.

You need to know that the tenants may vacate the apartment on the day you receive the certificate of ownership, in a month or even two. It all depends on various circumstances that need to be taken into account in advance.

As soon as you have received a certificate of registration of rights to a new apartment, the seller must completely vacate the premises, that is, deregister (legally) and remove things, furniture, etc. (physically). The Civil Code regulates the period for transferring real estate to a new owner. Article 457 states that the seller must vacate the apartment according to the period specified in the lease agreement, but if the date is not specified, then one month is conditionally given under Article 314. GK. But it is not indicated when the period begins (with the issuance of money to the seller?). By default, professionals consider the period to be two weeks after registration and transfer of funds for the cost of the apartment.

We understand legal issues together with the Central Bank of Russia

Specialists of the Central Bureau of Real Estate are fluent in laws, regulations, amendments to them, etc. and they will tell you when the seller of the property you purchased should leave.

Vacancy of the apartment after registration of the purchase and sale agreement (SPA)

Few people are so lucky that the tenants move out of the apartment before the transaction is completed; usually the situation takes a completely different turn. The reason lies in the fact that alternative transactions are concluded between the parties. But even if no one lives in the apartment, they must indicate in the contract that the seller must vacate the apartment no later than 2 days after registration of the agreement.

Vacancy of the apartment within the standard period

If the seller was unable to fulfill the terms of the contract and did not move out of the apartment, then the buyer and seller agree by what date this problem will be resolved and write down a new deadline on paper. For example, that the seller will vacate the apartment no later than two weeks after registration of the agreement.

Release of “alternative” apartments

If more than one apartment is involved in the transaction, then the solution to the problem may take a long time and take a long time to resolve. Then the terms become conditional for the best-selling apartment. Do not agree to this condition, as otherwise the process of vacating the apartment will drag on indefinitely. It is better to stipulate this point in the contract, setting a specific date. Negotiations here become more complex, and none other than a professional realtor who has handled such transactions will help you out.

“I sold the apartment. Buyers believe that they can move in immediately after payment. Is it so? We verbally agreed that 30 days after receiving the documents. And now they are almost starting to step on their heels. Are there any statutory deadlines for vacating an apartment under a purchase and sale agreement?” “I bought an apartment with a mortgage, but the seller doesn’t want to vacate it until he buys furniture for the new apartment. What should I do if I now live with two children and cannot pay another month’s rent for an apartment and repay the loan at the same time?”

“We are buying an apartment. When the former owner must vacate the apartment physically, i.e. leave? His realtor says that by law the period is 2 weeks. Please tell me under what law this is, and from what moment does this period begin: from the date of signing the purchase and sale agreement, or from the moment I (the new owner) receive the certificate for this apartment? How can I specify this period in the contract - conditionally 2 weeks or write the exact departure date?

Such questions begin to bother people almost at the very end of the transaction. When, it would seem, it’s time to live in anticipation of the imminent move. It’s good if both parties worried about the process of checking out the previous residents and vacating the apartment in advance, that is, when signing the contract. It is good if both parties intend to adhere to the terms of the agreement. It is good if the transaction is accompanied by an experienced and responsible realtor.

Reference

After receiving a certificate of state registration of rights to the purchased apartment, the apartment must be vacated.

Full after-sale exemption includes:

1. Legal exemption (deregistration).
2. Physical release of the apartment (removal of things).

Article 457 of the Civil Code of the Russian Federation establishes that the sold goods must be transferred to the buyer within the period established in the sales contract, and if this period is not established, then it is determined in accordance with Article 314 of the Civil Code as “reasonable”.

As a rule, a reasonable period is considered to be one month. But from what moment it begins: from the moment the parties sign the purchase and sale agreement, from the moment of payment of funds, from the moment of state registration of the transaction, it is not specified. Thus, a clear deadline for the transfer of an apartment must necessarily be provided for in the purchase and sale agreement, since it is not directly defined in any regulatory act, and the concept of a reasonable period is ultimately determined by the court. If more than 1 month has passed since the completion of the transaction (its registration and payment), the citizen has the right to file a lawsuit to evict the sellers of the apartment.

That is, there are no clear deadlines established by law; it all depends on how the extract and release are agreed upon between the parties and specified in the purchase and sale agreement.

You can stipulate, for example, this: “The seller undertakes to vacate the apartment and deregister before April 10, 2013” or “the seller is obliged to deregister within two weeks from the date of signing the agreement.” At the same time, it is prescribed that part of the money (from 5 thousand rubles to 10% of the price of the apartment) is deposited in a separate safe deposit box and will be transferred to the seller only after checkout and actual vacancy of the apartment. Sometimes they write in the contract: “For each day of delay - so many rubles.” When he presents a certificate from his new place of residence (registration) or a passport confirming his discharge, he can be given the reserved amount. Usually such conditions help to keep the seller from having crazy thoughts.

A similar practice applies to good real estate agencies. The agent receives his commission only after the transaction has reached its logical conclusion, i.e. when the buyer received the keys to the apartment and personal accounts transferred to his name.

Four ways to vacate an apartment

Perfect. In this case, the apartment is accepted on the day the documents are submitted for registration. And the contract will say: “The apartment is freed from the seller’s belongings. The keys have been handed over." From this moment the buyer becomes the owner of the apartment.

Popular. Most often, the seller does not have time to vacate the apartment by the time of sale. And leaves it either after 30 days, at the time of registration, or a little later.

Alternative. It occurs when several apartments are involved in a transaction; there is a so-called “chain”. That is, a person sold his apartment, bought it from another person, and that person bought it from someone else. With this development of events, the apartment may become available two to three months after the sale, that is, when the last point in the chain of transactions is completed. They vacated an empty apartment, a week later the next one, a week later the next one, and so on.

Conflict. It occurs rarely, mainly when purchasing apartments from alcoholics and drug addicts. There are also simply people with complex characters. It’s not easy to force them to come to the Federal Migration Service in person, stand in line and check out of the apartment.

...The seller received almost all the money - 90%, officially checked out, but declares that he will not rush to vacate the apartment.

...The seller signed an agreement stating that the apartment must be physically vacated within 10 calendar days after registration of ownership. But then he declares that he will vacate the apartment in 30 days, because... Now there are tenants in it.

For each of these cases, an experienced agent will have arguments (some references to laws, some diplomacy) to defend the interests of his clients.

As a last resort, in order to force a person to fulfill agreements, there is a claim scheme under which he can be sued. But, as a rule, cases come to court when the apartment is not vacated for a month, two, three... Fortunately, unnecessary people in the transaction are rare, because agents, most often, think through the scheme to the end.

Deregistration

This stage can be completed in two ways:

Contact the Russian Federal Migration Service at your place of residence (where you are being discharged from). In this case, a note indicating deregistration at the place of residence is placed in the passport and a departure slip is issued. In this case, you must apply for registration no later than 7 days from the date of arrival at your new place of residence.

You can deregister upon request (check out upon request), i.e. leave your previous place of residence without deregistration. But upon arrival at a new place of residence (no later than 7 days from the date of arrival), simultaneously with registration at the place of residence, check out from the address where you were previously registered.

“Unfortunately, in the Nizhny Novgorod region, the Federal Migration Service does not recognize powers of attorney,” complains Elena Kalacheva, director of the Variant Plus Academy of Sciences. - In other regions, you can deregister a person by proxy. With us it’s not possible. You also cannot bring a notarized application for deregistration. The person must personally come and write a statement in person.”

How it's done?

In order to de-register at your place of residence, you must submit a corresponding application to the passport officer of the housing office (HOA) or directly to the regional branch of the Federal Migration Service of Russia. The written application is accompanied by a passport, a birth certificate for persons under 14 years of age, and a house (apartment) register of the residential premises (if available).

Payment of utility services

It happens that the new owner pays for the purchased housing and for previously registered people. Naturally, a conflict arises. Addresses the previous owners: “Since you are registered, bills come to you - pay.” And they: “The apartment is no longer ours. So what if we live here, it’s the housing office’s fault, it doesn’t sign us out. Go ahead and complain." As a rule, such moments need to be foreseen in advance, i.e. Before the transaction, discuss bottlenecks and prescribe the sequence of actions.

Acceptance of the apartment

According to the law, an apartment acceptance certificate is automatically signed along with the purchase and sale agreement. But in large agencies, an acceptance certificate is additionally signed at the time of actual transfer of the apartment. In particular, it stipulates: “The apartment is handed over in a technical condition that suits the buyer”, “keys have been handed over - two sets”, “meter readings are such and such”. And both parties sign.

Particular attention should be paid to apartments with built-in furniture and appliances. In this case, it is useful to initially understand whether you need them. If yes, how much are you willing to pay extra for it. To avoid disappointment later, it is wise to draw up an additional pre-sale report before signing the purchase and sale agreement, which describes the remaining furniture and includes photographs.

This also applies to technology. According to the rules, the apartment must have a stove in working order. As a rule, even during viewing, it is discussed with the seller that he will leave the stove that is in the kitchen.

From the experience of professionals

Elena Kalacheva, director of the Academy of Sciences “Option Plus”:

Even when concluding the main contract, it sets the deadlines for the release and release of real estate: for example, within a month. However, in practice, not everyone adheres to this deadline. Real estate agencies try to incentivize the seller to fulfill his obligations. However, they only have persuasion at their disposal, because realtors cannot fulfill the terms of the contract for the client.

According to the purchase and sale agreement, the seller must transfer the apartment in the same quality condition as it is at the time of sale. But this is a general phrase. And such points are stipulated in detail either in the preliminary agreement or drawn up in a separate act, and in court this document can be considered evidence that the seller has not fulfilled his obligations.”

Elena Nedospasova, director of the Vivat Realty Academy:

Statistics say: when a person undertakes to transfer a personal account himself, in 65% of cases he does not complete the task. Just as 30 years ago Gorgaz issued receipts to Ivan Ivanovich Ivanov, it continues to do so, although the owners of the apartment could change several times. But our work ends when the keys to the apartment are given to the client, when he registers, when it is clear from what date the person pays his personal bills, when the meter readings are reconciled to the last digit.

Elena Shevtsova

How to draw up a Transfer Deed

Transfer of equipment to the apartment

Damage

Debt on utility bills

Lawyer on a deal

Real Estate Lawyer

Gordon Andrey Eduardovich

Those who work with real estate say: There are no small details in real estate transactions.

Transferring an apartment under a purchase and sale agreement, it seems that it could be easier when you have gone from searching for an apartment to concluding a purchase and sale agreement and independently made payments through the bank?

But transferring an apartment is simple at first glance. The more expensive the apartment, the more difficult it is.

Obviously, the buyer and seller in an apartment purchase and sale transaction have the same interests - to complete the transaction, and different goals: the seller - to receive money, the buyer - to receive ownership of the apartment. They execute the transaction according to their goals: the seller transfers the apartment, and the buyer accepts it. The actions of accepting and transferring an apartment occur simultaneously, but their content is different. The rights and obligations of the parties are different, and it is necessary to use them correctly. Both the seller and the buyer may suffer the consequences of incorrect transfer of the apartment.

Moreover, the seller has his own rules for transfer, and the buyer has his own rules for acceptance. And they draw up one common document - the transfer deed.

A separate issue is the deadline for transferring the apartment to the buyer. The correct transfer of the apartment must occur within the period specified in the contract. Typically, in contracts for the purchase and sale of an apartment in Moscow, this period is 14 calendar days from the date of state registration of ownership in the name of the buyer.

If the deadline for transferring the apartment is not established in the purchase and sale agreement (they forgot to specify it), this period is determined by the moment of demand by the buyer (Article 314 of the Civil Code of the Russian Federation). If the buyer makes a demand to transfer the apartment, it must be fulfilled by the seller within 7 calendar days.

Transfer of an apartment under a purchase and sale agreement

The conditions and procedure for transferring an apartment are established by law and are interconnected with the purchase and sale agreement. What the buyer and seller should know.

The contract for the purchase and sale of real estate is directly provided for in the Civil Code of the Russian Federation; paragraph 7 of Chapter 30 is devoted to the sale of real estate; we recommend that you study it carefully, or read the article to the end, so as not to make mistakes.

Attention! The transfer of apartments is always individual! There are no universal recipes.

Under a real estate purchase and sale agreement the seller undertakes to transfer ownership to the buyer land plot, building, structure, apartment or other real estate (Article 549 of the Civil Code of the Russian Federation).

The law directly establishes the obligation of the seller to transfer the property into the ownership of the buyer! Please note: do not prepare and conclude a purchase and sale agreement, do not submit documents to register the buyer’s property rights in Rosreestr. The law establishes a very specific obligation of the seller - to transfer the property into the ownership of the buyer.

At the same time, ownership is the possession, use and disposal of a thing (Article 209 of the Civil Code of the Russian Federation). State registration of ownership of an apartment in the name of the buyer does not in itself provide the buyer with the opportunity to own and use the thing, since until the transfer of the thing it is in the possession of the seller.

It is for the termination of the seller’s ownership of the apartment in law the obligation of the seller to transfer the apartment to the buyer has been established(Article 549 of the Civil Code of the Russian Federation), and further clarified - transfer under the transfer deed by handing it over to the buyer(Article 556 of the Civil Code of the Russian Federation).

If delivery of the apartment does not occur, the purchase and sale agreement has not been fulfilled and there is a reason to challenge it in court.

How can a seller deliver an apartment to a buyer?

In order to correctly transfer an apartment, it is necessary to remember the essential terms of the real estate purchase and sale agreement. The conditions are significant, since their absence in the contract makes the contract not concluded, and accordingly, failure to fulfill these terms of the contract will give the party the opportunity to effectively challenge the contract in court as not concluded. Failure to comply may also occur during the transfer of the apartment.

An essential condition of a real estate purchase and sale agreement is the precise definition of the property, in this case it is an apartment. Therefore, the apartment must be clearly described in the text of the purchase and sale agreement itself. To do this, the contract sets out the technical parameters and characteristics of the apartment and mandatory details - cadastral number, address, floor of the house, purpose - residential, total area, number of rooms, etc.

The correct transfer of an apartment under a purchase and sale agreement will be if the apartment is transferred to the buyer exactly in accordance with the terms of the agreement. This means that the transfer deed must record the fact of transfer of the apartment exactly in accordance with the terms of the contract.

To do this, the transfer deed must accurately reproduce the description of all the parameters of the apartment, as they are set out in the apartment purchase and sale agreement.

In addition, apartments are not only technical characteristics, but also engineering systems, plumbing equipment, electrical equipment, finishing, furniture, etc.

Not least important is the documentation for the apartment. For example, the cost of a design project and a redevelopment project for some apartments corresponds to the cost of a good three-room apartment in the Kuzminki district of Moscow.

Some buyers want to buy an apartment taking into account its furnishings and other interior items, including paintings.

And built-in kitchens, household appliances and air conditioners have long become equipment in Moscow that can be transferred with the apartment.

Situations are not uncommon when, when accepting purchased apartments, buyers do not find expensive household appliances, split air conditioning systems, etc.

To transfer all of this apartment equipment, it must be included in the apartment purchase and sale agreement as subject to transfer:

— technical documentation for the apartment (for redevelopment, design projects, contracts for work, transfer acts, commissioning acts, etc.)

— technical documentation for apartment equipment (technical passports

— appliances, furniture and other equipment and accessories.

In some cases, it is necessary to add a multi-page inventory of expensive property to contracts.

When transferring an apartment, it is necessary to check all transferred documentation, equipment and property point by point, and the inventory must be fully included in the transfer deed. Then, by signing the transfer deed, additional property will be transferred to you under the deed.

If deficiencies are identified, this should also be reflected in the transfer deed. At the same time, do not forget to indicate in the act of transfer of the apartment in a condition that is not in accordance with the contract. The transfer of an apartment that does not comply with the terms of the contract is a violation of the terms of the contract subject to compensation by the seller.

Delivery of the apartment - a symbolic process, the last point, which is confirmed by the transfer of keys to the locks of the door of the apartment itself, the locks of the storey door, and the entrance door.

The transfer of keys and their quantity is entered in the transfer deed.

Damage

As stated above, the apartment must be transferred in a condition corresponding to the terms of the contract after personal inspection by the buyer before signing the purchase and sale agreement. When transferring an apartment, it is necessary to conduct a thorough inspection of all premises, surfaces and elements of the apartment. Try to identify traces of leaks and damage to expensive equipment, for example, double-glazed windows, plastic frames, plumbing, etc., which were not specified in the contract.

All detected deficiencies must be reflected in the transfer deed.

Debt on utility and other payments

Usually the apartment is transferred free of debts on utility bills, electricity bills, etc. To protect yourself from surprises, when signing the transfer deed, record in it the readings of all metering devices at the time of transfer: water and electric meters, and check the integrity of the seals. And check their readings with those recorded in the seller’s payment documents.

The seller is obliged to maintain the apartment and pay all costs for electricity, water, etc. before the day of actual transfer of the apartment to the buyer under the transfer deed.

We advise our clients to take photographs of meter readings and seals when inspecting apartments before making a transaction. And if the apartment contains expensive equipment and decoration, it is necessary to record its presence and condition in a photo/video filming before the transaction is completed, and in case of damage or replacement, compare it with video recordings or photographs.

Lawyer on a deal

As you can now see, transferring an apartment under a purchase and sale agreement is not a simple process and requires legal knowledge and experience. To properly carry out the transfer and registration of documents, it is advisable to prepare this event in advance and take a flashlight or phone with a flashlight to inspect the apartment.

Try to fill out the transfer deed yourself, and take at least 3 copies for transfer if the seller and buyer are involved in the transaction. One, just in case.

Price Support of the purchase and sale agreement

Apartments (Moscow)…………………………………. from 35,000 rub.
Country house and plot……………………….. from 50,000 rub.
Non-residential premises (office, parking space, etc.) ………………….. from 50,000 rub.
Non-residential buildings………………………………………………………. from 80,000 rub.
Oral consultations…………………………………………………….. from 2,500 rub./30 min.

The prices do not include the cost of obtaining documents necessary for verification, government duties and fees, the cost of issuing powers of attorney and other expenses.

The price is indicated for one transaction - purchase or sale with legal support from the counterparty and without a mortgage, without guardianship and without complications of the health status of the parties to the transaction. The cost of services for alternative transactions (sale + purchase) is determined individually, taking into account the complexity of the object, the availability of legal support from counterparties, the presence of a mortgage and other circumstances.