The agreement for the exchange of shares in an apartment is a sample rosreestr. How to draw up an exchange agreement with an additional payment for an apartment - registering an exchange agreement. Registration of an exchange agreement with an additional payment for an apartment in Rosreestr

For the exchange of real estate between close relatives, as in other cases, the registration must be with a notary. The filling form is standard, indicating these persons, as well as a description of the living quarters.

Most often this is a simple division of property, when, for example, a brother gives his sister a separate 1-room apartment, and leaves a large parental apartment for himself. In this case, a preliminary consensus on this issue is required. Even if they will register unequal property, it is better to arrange a donation for the remaining share - in this case, you do not need to pay tax.

Compensated or gratuitous exchange agreement

Civil law clearly defines what a "barter agreement" is and whether it is paid or free. Most often this is an agreement between individuals. This is a civil document, onerous, since in return the other party always receives something. Otherwise, it will already be a donation agreement (donation is the transfer of any property for free). The donation document must also be signed by a notary.

What can be exchanged?

Article 567 (Civil Code of the Russian Federation 2016) highlights the main comment that any product (service) can be transferred into ownership under such an agreement if their approximate price level is the same. Such agreements can most often be concluded for real estate and cars. Assessors provide assistance in this process by issuing an appropriate document or electronic file.

If, under the barter agreement, the goods exchanged are recognized as unequal

If the things (goods) exchanged are recognized as unequal, then such an exchange (completed notary form) may be invalidated. Such a violation (civil type of misdemeanor) does not entail punishment - only termination. Most often, the person will be obliged to simply re-register. They may offer this type of alternative as a surcharge.

Essential conditions for the exchange of real estate

CONTRACT
exchange of apartments by owners with additional payment of the difference in cost

Gr. Glebkina Antonina Sergeevna, passport: series 60 08 No. 164035, issued by the MOUFS of Russia in the Ostankino district of Moscow on 02/01/2002, registered at the address: 125007, Moscow, st. Kutuzova, 40, apt. 2, hereinafter referred to as "Party 1", and a citizen of the Russian Federation Alexey Vladimirovich Levkin, passport: series 12 00 No. 162347, issued by the Department of Internal Affairs of the Ostankino district of Moscow on January 20, 2001, registered at the address: 104055, Moscow, st. Railway, 63, apt. 2, hereinafter referred to as "Party 2", hereinafter referred to as the "Parties", have entered into this agreement (hereinafter referred to as the Agreement) as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Party 1 undertakes to transfer to the ownership of Party 2 the apartment specified in clause 1.2 of the Agreement (hereinafter - Apartment 1) in exchange for the apartment transferred by Party 2 specified in clause 1.4 of the Agreement (hereinafter - Apartment 2).
1.2. The total area of \u200b\u200bApartment 1 is 100 (one hundred) sq. m, including a living area of \u200b\u200b95 (ninety five) sq. m. Apartment 1 consists of three rooms, located on the second floor of an apartment building, at the address: 125007, Moscow, st. Kutuzova, 40, apt. 2.
1.3. Apartment 2 belongs to Party 1 on the basis of the sale and purchase agreement dated February 20, 2011 No. 12u, which is confirmed by the certificate of state registration of rights dated February 21, 2011, series 75 AM No. 342324, issued by the Office of the Federal State Registration Service, cadastre and cartography of the city of Moscow, as noted in the Unified State Register of Rights to Real Estate and Transactions Therewith No. 342/4 dated February 21, 2011.
1.4. The total area of \u200b\u200bApartment 2 is 70 (seventy) sq. m, including a living area of \u200b\u200b67 (sixty seven) sq. m. Apartment 2 consists of three rooms, located on the thirteenth floor of an apartment building, at the address: 104055, Moscow, st. Railway, 63, apt. 2.
1.5. Apartment 2 belongs to Party 2 on the basis of the purchase and sale agreement dated July 10, 2014 No. 1, which is confirmed by the certificate of state registration of rights dated July 11, 2014, series 75 AM No. 476904, issued by the Office of the Federal State Registration Service, cadastre and cartography of the city of Moscow, as noted in the Unified State Register of Rights to Real Estate and Transactions Therewith No. 154/4 dated July 11, 2014.
1.6. Until now, the exchanged Apartments are not alienated, they are not in dispute and under arrest (prohibition), rent, pledge, other rights of third parties are not encumbered.
2. SUPPLEMENTS AND EXPENSES UNDER THE CONTRACT
2.1. Apartments transferred under this Agreement are recognized as unequal.
2.2. The cost of the Apartment 1 of the Parties was set at 15,000,000 (Fifteen million) rubles.
2.3. The cost of the Apartment 2 was set by the Parties in the amount of 14,000,000 (Fourteen million) rubles.
2.4. The difference in the cost of the Apartments is 1,000,000 (One million) rubles.
2.5. The difference in the cost of the Apartments is paid by Party 2 in cash until the state registration of the transfer of ownership.
2.6. The fact of receipt of the amount of money by Party 1 is confirmed by a receipt from Party 1 on receipt of funds.
2.7. The specified receipt must be drawn up in handwritten form indicating the passport data of the Parties.
2.8. The costs associated with the transfer of the Apartments, as well as with the state registration of the transfer of ownership of the Apartments, shall be borne equally by the Parties in the manner prescribed by the legislation of the Russian Federation.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. The parties undertake:
3.1.1. Transfer Apartments to each other free of the rights of third parties.
3.1.2. Transfer the Apartments free of property.
3.1.3. Pay off all debts, if any, for taxes, utility bills, electricity, gas, telephone, for services rendered, etc.
3.1.4. Together with the Apartment, transfer the documents of title to the Apartment to the other Party.
3.1.5. Transfer Apartments to each other in a condition suitable for living.
3.1.6. To inform each other before state registration of all conditions that may affect the will of the Parties when concluding this Agreement.
3.2. The parties have the right:
3.2.1. Change the terms of this Agreement.
3.2.2. Refuse to execute this Agreement.
3.3. The parties also have other rights and bear the obligations provided for
legislation of the Russian Federation.
4. PROCEDURE FOR THE TRANSFER OF APARTMENTS. STATE REGISTRATION
4.1. The transfer of the Apartments under this Agreement is carried out by signing the acceptance certificates.
4.2. The parties agreed that the Apartments should be handed over on October 16, 2015.
4.3. Acceptance certificates must be signed on the day of the direct transfer of the Apartments.
4.4. Before signing the acceptance certificates, the parties are obliged to carry out a detailed inspection of the Apartments.
4.5. If deficiencies are identified, the Parties are obliged to indicate this in the acceptance certificates.
4.6. The transfer of ownership of the Apartments is subject to state registration in the Unified State Register of Rights to Real Estate and Transactions with It. Registration of the transfer of ownership is made for each Apartment.
4.7. The Parties guarantee that there are no persons who retain, in accordance with the law, the right to use the Apartments after their purchase by the Parties under this Agreement. Registration of the transfer of ownership is made for each Apartment.
4.8. The ownership of the transferred Apartments arises from the Parties after the state registration of the transfer of ownership.
5. LIABILITY OF THE PARTIES
5.1. In case of unjustified evasion of any Party from the registration of the transfer of ownership, the other Party has the right to demand payment of a fine in the amount of 10 percent of the cost of the respective Apartment.
5.2. In case of violation by Party 2 of the deadline for payment of the difference in the cost of the Apartments provided for in clause 2.4 of this Agreement, Party 1 has the right to demand payment of penalties in the amount of 0.1 percent of the unpaid amount for each day of delay.
5.3. In the event of transfer of the Apartment encumbered with the rights of third parties, except for the case when the Party has agreed to accept the Apartment encumbered with the rights of third parties, the Party whose right has been violated has the right to demand termination of this Agreement.
5.4. If the Party fails to fulfill the obligation to transfer the Apartment free of property, the Party whose right has been violated has the right to demand to fulfill this obligation within a period not exceeding 5 (Five) working days, or to demand that the non-performing Party pay a fine in the amount of 10,000 (Ten thousand) rubles ...
5.5. In case of transfer of an Apartment that does not comply with the terms of this Agreement, if the defects of the Apartment were not agreed by the transferring Party, the Party to which the Apartment of inadequate quality was transferred shall have the right, at its choice, to demand from the transferring Party:
- gratuitous elimination of defects in the Apartment within a reasonable time;
- reimbursement of their expenses for the elimination of defects in the Apartment.
5.6. In the event of a significant violation of the requirements for the quality of the Apartment (detection of fatal deficiencies, deficiencies that cannot be eliminated without disproportionate costs or time consuming, or are revealed repeatedly or appear again after their elimination, and other similar shortcomings), the Party has the right to refuse to execute this Agreement.
5.7. The Party from which the Apartment purchased under this Agreement is seized by a third party has the right, if there are grounds provided for in Article 461 of the Civil Code of the Russian Federation, to demand from the other Party the return of the Apartment received by the latter in exchange, and (or) compensation for losses.
5.8. Unless otherwise provided by law or this Agreement, a Party that has not fulfilled or improperly fulfilled an obligation is exempt from liability if it proves that proper performance was impossible due to force majeure, that is, extraordinary and unavoidable circumstances under these conditions. In the event of force majeure circumstances, the Parties are obliged to immediately notify each other. In the event that force majeure circumstances are valid for more than one month, the Parties refuse to execute this Agreement.
6. DISPUTE RESOLUTION
6.1. All disputes and disagreements that may arise over the content of the Agreement and in connection with it must be resolved through negotiations between the Parties.
6.2. If the Parties do not come to an agreement, the dispute will be resolved in court in accordance with the legislation of the Russian Federation.
7. FINAL PROVISIONS
7.1. This Agreement shall enter into force from the moment it is signed by the Parties and is valid until the Parties fully fulfill their mutual obligations in accordance with this Agreement.
7.2. In everything that is not provided for in this Agreement, the Parties are guided by the legislation of the Russian Federation.
7.3. Any changes and additions to this Agreement are valid provided that they are made in writing and signed by the Parties.
7.4. The agreement is drawn up in triplicate, one of which is with Party 1, the second with Party 2, the third is transferred to the body that carries out state registration of rights to real estate and transactions with it.
8. SIGNATURES AND ADDRESSES OF THE PARTIES

Side 1: Side 2:
__________________ A.S. Glebova _______________ A.V. Levkin

Essential terms of the exchange agreement

Under the barter agreement, each of the parties undertakes to give the ownership of the other party one item in exchange for the other.

An exchange agreement is a transaction, the essence of which is the transfer of property. All items handed over under the agreement become the property of the receiving party.

One of the subspecies of barter is barter. This deal is only applicable in foreign trade. To conclude such a contract, the goods must be of equal value, and one of the parties must have a license.

The main condition contract exchange is the presence of the item. Other conditions become essential if it is stipulated in the contract.

Download the contract form

You can exchange any goods free of encumbrances. However, it should be noted that a party cannot transfer what it is not entitled to dispose of. For example, they cannot be the subject of a share exchange agreement if the person who transfers them is not a member of the company. But the products manufactured at the plant can be exchanged without the consent of the director of the enterprise.

If the exchange is for unequal items, then one of the parties (the one that received the most) will have to refund the difference.

Other terms of the exchange agreement

The exchange agreement is usually concluded in writing. Verbally, you can make a deal in the following cases:

• the amount of the contract between individuals does not exceed 10,000 rubles;
• the contract is executed upon conclusion.

As for the content of the barter agreement, the rights of one party correspond to the rights of the other. Moreover, if a citizen does not fulfill his obligations to transfer the goods, then the party that has fulfilled his obligations has the right to demand termination of the contract and compensation for losses.

The legislator does not establish special requirements for the subjects of the exchange agreement. However, if we proceed from the fact that, under the terms of the transaction, an item must be transferred, then the parties must have a real right to this item (for example, the right of ownership). That is, the subject composition of the transaction can consist of both individuals and legal entities, and of the subjects of the Russian Federation.

The Civil Code of the Russian Federation prescribes the condition that all costs under the exchange agreement are borne by the party performing this or that action. However, if we are talking, for example, about state registration with Rosreestr, then both parties pay the fee.

As for the condition in the barter agreement on the term, then, as a general rule, things must be transferred simultaneously. But if this is not the case, the document usually prescribes the period during which the party must receive the item. It is from this time that the period will be counted when the counterparty has not fulfilled its obligations, which means that it must compensate the losses to the other party.

Land exchange agreement

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The exchange agreement itself (Civil Code of the Russian Federation, Chapter 31) of a land plot is not subject to state registration with Rosreestr, however, the transfer of ownership of the plot is mandatory.

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In addition, it is assumed that the exchanged items are equivalent in value. If this is not the case, then one of the parties pays a certain amount specified in the contract.

In addition to this, it is recommended to prescribe a few more important provisions in the land exchange agreement:

• identification data of the site (cadastral number, its area, location, etc.);
• purpose of the land;
• real estate objects located on the site.

In most cases, the parties attach graphic plans or drawings to the exchange agreement, which indicate where the site is located.

Please note that easements may be installed on the transferred site. Check with the owner about them, or even better - write down this condition in the exchange agreement.

A car exchange agreement is used when:

• the car owner cannot sell the vehicle for a long time;
• the trade-in scheme is applied - the exchange of an old car for a new one;
• it is necessary to exchange vehicles (one year old) without time difference.

An exchange agreement is one of the easiest ways to get a new car. Its preparation and subsequent registration of the right will not take much time, and the owner will receive a new transport, as they say, without leaving the cash register.

The algorithm of actions is as follows:

• a car exchange agreement is drawn up and signed;
• the ownership of the transport is registered with the traffic police.

The notarial certification of the transaction by the legislator is not required, only at the request of the parties.

If a surcharge is made under an exchange agreement, this must be indicated in the document.

Contract exchange of apartments (sample 2017-2018 Rosreestr)

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An apartment exchange agreement is concluded for the purpose of exchanging real estate by the parties without raising funds or with a minimum surcharge (if the cost of apartments is different).

The main features that you should pay attention to when concluding an exchange agreement:

• an exact indication of the subject of the contract (address of the apartment, its cadastral number) and value;
• a list of persons who can use the premises after the transaction (otherwise, the contract may be recognized as not concluded).

The transfer of ownership of an apartment, due to the conclusion and execution of an apartment exchange agreement, is subject to mandatory state registration at the territorial administration of Rosreestr, that is, the parties are vested with ownership of an apartment only after the transfer of rights is registered with Rosreestr, and not at the time of exchange. Previously, certificates of ownership were issued, but currently they are not issued. All information is stored electronically in the register.

An exchange agreement (sample) can be obtained from a notary or drawn up independently.

If you decide to draw up an agreement yourself, follow our recommendations and you will not have to waste time correcting the document:

• in the preamble, indicate the identification data of the parties (full name, passport data);
• write down the address, cadastral numbers and other information specifying the transferred living space;
• the cost of the apartment;
• the amount of the additional payment (if any);
• grounds for owning an apartment (for example, details of a certificate of ownership or extracts from the USRN);
• term of transfer of the subject of the contract.

If the apartment is owned by several citizens, then the consent of all owners must be obtained to conclude a transaction.

Everyone who has been registered in the apartment must not lose their registration. This item is spelled out in the barter agreement. In addition, if there is a minor's share in the shared housing, it remains unchanged. If the minor is the owner, then the consent of the guardianship authorities is required for the transaction.

Thus, a change in the owner of real estate objects (including land plots) in respect of which an agreement has been concluded is subject to mandatory state registration.

Despite the peculiarities of concluding an agreement, most of the issues related to the exchange are governed by the provisions on sale and purchase contained in Chapter 30 of the Civil Code of the Russian Federation.

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " Side 1", On the one hand, and a citizen, passport (series, number, issued), residing at the address, hereinafter referred to as" Side 2", On the other hand, hereinafter referred to as" Parties", Have concluded this agreement, hereinafter referred to as the" Agreement ", as follows:

1. The parties make an exchange of the immovable property they own.
2. The specified apartment belongs on the basis, which is confirmed by the Certificate of state registration of rights from "" year series No. issued, registration number from "" year.
3. I, undertake to transfer ownership of the apartment located on the floor of the house, located at the address:, consisting of room (s) with a total area of \u200b\u200bsq.m., including a living area sq.m.
4. The specified apartment belongs on the basis of: as confirmed by the Certificate of state registration of rights from "" year series No. issued, registration number from "" year.
5. The cost of the apartment at the address: the parties estimate rubles. The cost of the apartment at the address: the parties estimate rubles. The parties consider the exchanged apartments to be of equal value, the exchange was made by them without additional payment.
6. As a result of this exchange, the apartment located at the address:. Party 1 is satisfied with the quality condition of the apartment, as determined by an internal inspection of the apartment before the conclusion of this contract, and no defects and deficiencies that were not reported to it were not found during inspection.
7. As a result of this exchange, the ownership of the apartment, located at:. Party 2 is satisfied with the quality condition of the apartment, as determined by an internal inspection of the apartment before the conclusion of this contract, while examining any defects and deficiencies that were not reported to it, were not found.
8. Until the conclusion of this agreement, the exchanged apartments have not been sold to anyone, donated, not encumbered with the rights of third parties, and are not in dispute or under arrest (prohibition).
9. The parties confirm that the exchanged apartments are free from the residence of third parties who, in accordance with the law, have the right to use them.
10. The parties carry out at their own expense the operation and repair of apartments, and also participate in the costs associated with their maintenance and repairs, including capital.
11. With the content of Art. 167, 209, 223, 288, 292, 551, 556, 567 of the Civil Code of the Russian Federation, the parties are familiarized.
12. In accordance with Article 556 of the Civil Code of the Russian Federation, when the above apartments are transferred, the parties draw up a deed of transfer.
13. The parties acquire the ownership of these apartments after state registration of the transfer of ownership. Registration of the transfer of ownership is made for each apartment. Each of the parties bears the costs of state registration of their right to an apartment received as a result of an exchange.
14. 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 realizing the essence of this agreement, and there are no circumstances that force them to conclude this agreement on extremely unfavorable conditions for themselves.
15. This agreement contains the entire volume of agreements between the parties in relation to the subject of this agreement, cancels and invalidates all other obligations or offers that may have been accepted or made by the parties, whether orally or in writing, prior to the conclusion of this agreement.
16. In accordance with Art. 433, 558 of the Civil Code of the Russian Federation, this agreement is considered concluded from the moment of its state registration. The costs of state registration of the contract are borne.
17. This agreement can be terminated in the manner prescribed by law.
18. This agreement is drawn up in triplicate, one copy for each party, the third is kept in the body that carries out state registration of rights to real estate.