Message exchange Example Real Estate. Sample real estate exchange agreement. Substantial terms of contract Measures: subject and price

A contract of exchange is a contract for which each Party undertakes to transfer one product to the property in exchange for another.

Mena's contract, as well as a sales contract, may include the use of funds. This happens when exchanging property with different value. From a legal point of view in a number of situations, Mena is more convenient. For example, in the case when an interested party does not have sufficient funds to acquire this property with the help of a sales contract, however, it has equivalent or unequal property in which the second side is interested.

In most cases, the exchange agreement is more convenient than the design of the chain of transactions for the sale of unclaimed property and further purchase.

The exchange agreement has the following main features:

• the purpose of the Mean Treaty is the direct transfer of goods (property exchange);
• the goods that are transmitted on the basis of the Mena's concluded agreement is transferred to the parties to the property, including economic management, operational management;
• mena's contract - a paid contract, which differs from other paid civil law agreements in the presence of counter-granting, thus, the goods transmitted under the Mena Treaty is provided in exchange for another product, and it is impossible to make a payment for the cost of the goods in return to another transmission;
• in contrast to the general rule established in paragraph 1 of Art. 223 of the Civil Code of the Russian Federation, ownership of goods to be exchanged, in accordance with Art. 570 of the Civil Code of the Russian Federation, proceeds to each side of the exchange agreement at the same time after the obligations on the transfer of goods by the parties are executed.

With regard to the Mena Treaty, there is a special rule that determines the time of the transfer of ownership of exchanble goods, which is significantly different not only on the norms governing the contract of sale, but also from the general provisions on the civil-legal contract. The essence of this rule is that under the contract of ownership of the ownership of the goods received in the order, the goods goes to each of the parties simultaneously after the obligations on the transfer of goods are executed by both parties (Article 570 of the Civil Code of the Russian Federation).

The contract of exchange is a consensus, compensable, bilateral.

Meal of exchanges relates to consensus agreements, since it is considered concluded from the moment the parties achieved in the agreement required under the form of cases under all essential conditions of the contract, and the moment of entry into force of the contract is not associated with the actual transmission by the parties of the exchanged goods.

Actually, the actual exchange of goods is the fulfillment of the prisoner and entered into force of the contract of exchange. Even in cases where the moment of entry into force in accordance with its terms, coincides with the actual transmission by the parties of goods to each other, we can say that this agreement is executed at the time of its conclusion, but not about the real nature of the contract.

Mena's contract is a consensus agreement, because each of the parties undertakes to transfer one product to another side in exchange for another.

The exchange agreement is compensable, since each of its parties to fulfill its duties on the transfer of goods to the counterparty should receive from the last counter-granting in the form of another exchanged goods.

Mena's contract is bilateral, since each of the parties of this contract is responsible for the other party and is considered to be the debtor of the other party in what is obliged to make in its favor, and at the same time its lender is that it has the right to demand it. Moreover, there are two brightly pronounced counterparts in the exchange contract, equally significant and important: each Party undertakes to transfer the corresponding exchange goods to the counterparty - which mutually determine each other and are in principle economically equivalent.

This contract is often concluded in the exchange of real estate, ownership of which is subject to mandatory registration. In order to avoid the time-consuming procedure for registering the transfer of the right of ownership, a sample of the exchange agreement is used, replacing sales contracts.

Classification of exchange contracts.

According to the agreement, any of the parties undertakes to transfer one product to the second party in exchange for another product. The participant of the application agreement has the right to ownership of exchanged property. At the same time, each of the participants in the contract is considered the seller of housing, which he gives, and the buyer of the residential area, which he receives.

When implementing the contract of exchange, the residential premises exchanges for ownership (in this case for a residential premises), but not for money, as is the case in the implementation of purchase and sale transactions. The legal regulation of the relations of the Parties under the Mena Treaty is carried out according to the same rules as in the contract of sale (subject of the contract, the form, transition rights, rights and obligations of the Parties to the Treaty, etc.).

Agreement of residential apartments must be compiled in writing and subject to state registration, from the moment of which the transfer of ownership between the parties is transmitted. The contract must contain a specific description of the subject of the contract - housing (address, area, number of rooms, etc.), its price, as well as the list of persons living in it. Real estate transmission is carried out according to the transfer act.

It should be paid to the fact that in practice the exchange of apartments uses the terms "Mena" and "Exchange". The difference between the apartment from the exchange of an apartment lies in the fact that when concluding an agreement of the exchange, the transfer of ownership of the residential premises on the basis of a concluded exchange agreement, and when exchanging an apartment, there is a transition to the right to use between the tenants of the residential premises, and the ownership of the apartment does not arise.

Individuals that entered into managing contracts are required in accordance with Art. 228 Code, submit to the tax authority at the place of residence tax declaration on the income tax on individuals.

When an agreement on the exchange of apartments is achieved, in order to avoid unforeseen situations at the time of signing the transaction, it is necessary to conclude a preliminary contract of exchange, in which all the terms of the subsequent exchange will be stipulated. It is possible to make it in a simple writing itself, but it is better to do it in a legal office. Professional lawyers will more competently prepare documents and explain to both parties the consequences of a composed contract.

The ownership of real estate among citizens arises only after state registration in the judicial bodies. The introduction of a mandatory order of state registration of the transition of ownership of real estate is a certain obstacle to the production of illegal transactions.

The submission of documents for registration is carried out through the centers of the population at the location of real estate.

Documents for real estateDownload Samples of contracts

Please note that presented on the site ZvonMonetok.ru. Samples of real estate contracts are just the samples necessary for the general idea of \u200b\u200bthe subject of the contract and familiarize themselves with its typical forms, and they will not always be able to use without refinement relative to each specific case. Some types of contracts are available for download in text format.

Mena

Measurement agreement - Civil law agreement, in accordance with which each of the parties undertakes to transfer one product to the ownership of the other side in exchange for another (Article 567 of the Civil Code of the Russian Federation). The Treaty of Mena applies, respectively, the rules on the purchase and sale (ch. 30 of the Civil Code of the Russian Federation), if this does not contradict the rules of ch. 31 CI RF and the creature of exchange. At the same time, each of the parties is recognized by the seller of the goods, which it undertakes to convey, and the buyer of the goods, which she undertakes to accept in exchange.

The form of a real estate agreement is used to form the same requirements as the form of a real estate sales agreement, which was mentioned above. Real estate exchange agreement should be concluded in writing through the preparation of one document signed by the parties. The notarization of such a contract is not mandatory.

In accordance with Art.

Features of the conclusion of the contract of the apartment

568 of the Civil Code of the Russian Federation, if one of the contract does not follow other, goods to be exchanged, are assumed to be equivalent, and the costs of their transfer and adoption are carried out in each case that the party that relevant duties. In the case when in accordance with the exchange contract, the exchanged goods are recognized as uneven, the party obliged to transfer the goods, the price of which is lower than the price of the goods provided in exchange, must pay the difference in prices directly before or after the fulfillment of its obligation to transfer the goods if another payment order is not Provided by the contract.

As a general rule, ownership of the exchanged goods proceeds to the parties acting under the Mena Treaty as buyers, at the same time after the fulfillment of obligations to convey the relevant goods by both parties. However, according to Art. 570 of the Civil Code of the Russian Federation, law or contract agreement may be provided otherwise. In relation to the law of real estate, the law just provides for other, compared with the general, rules (paragraph 2 of Art. 567, Art. 550 of the Civil Code of the Russian Federation). Since the transfer of property rights to the immovable property is subject to state registration under the rules established by the Federal Law "On State Registration of Rights to Real Estate and Transactions with Him", ownership rights obtained under the Mena Treaty arise from the Parties to the Mean Treaty real estate since the state registration of the transition of the relevant rights, and not after the fulfillment of obligations for the transfer of property.

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Measurement agreement

City of St. Petersburg.
The nineteenth of September two thousand seventeenth.

We, the following citizens of the Russian Federation:
Smirnov Valery Sergeevich (Paul Male), born on January 28, 1950 in the city of Leningrad, living in St. Petersburg, Lunacharsky Avenue, House 25, Apartment 60, having a passport 40 03 540087, issued by 6 police department of the Kalininsky district of St. Petersburg 01 December 2002 year (division code 782-006),
And Krotova Elena Viktorovna (Floor Female), born on March 13, 1960 in the city of Leningrad, living in St. Petersburg, Commandantsky Avenue, House 38, Apartment 17, having a passport 40 05 347418, issued by 44 police department of the Primorsky district of St. Petersburg 02 April 2005 (division code 782-044),
We conclude this Agreement on the following:

The parties produce Menu by the following real estate ownership.

What is an apartment agreement: the concept and sample of the contract of exchange of residential premises

Smirnov Valery Sergeevich puts to the ownership of mole Elena Viktorovna land plot and located on it a residential building with surplus buildings, located at the address: Leningrad region, Vsevolozhsky district, Vasselyovo village, Green Street, house number 12 (twelve).

The land plot has an area of \u200b\u200b1200 (one thousand two hundred) square meters, referred to the category of land settlements and is intended for individual housing construction. Cadastral number of land plot 47: 07: 0202008: 7.

On the land plot are located to be transferred under this agreement a two-storey log house (literature a) with a total area of \u200b\u200b81.3 (eighty-one three tenths) sq. M. with associated attic (literature A1) and a veranda (literary a), as well as surviving buildings : Three milk sheds (liteers g, g1, g2) and a well made of concrete rings (literary g3). Cadastral number of residential building 47: 07: 0202008: 128.

The above-mentioned land plot and residential house with the surviving buildings belong to Smirnov Valery Sergeevich on the basis of the contract for the sale and sale of a land plot with a residential building of December 15, 1999, certified by the notary of the Vsevolozhsky notarial district of the Leningrad region by Firsova E.K., according to Registry No. 1780. This contract , as well as the right of ownership of the land plot and at a residential building with survival buildings are registered by the Toks territorial separation of the Leningrad Regional Registration Chamber, which records are recorded in the Unified State Register of Rights to Real Estate and Transactions with Him dated January 27, 2000 No. 47-01 / 38-1 / 2000-166-1, No. 47-01 / 38-1 / 2000-166-3 and No. 47-01 / 38-1 / 2000-166-2, respectively. In confirmation of registration, a certificate of state registration of the right of January 27, 2000 series LO 005 No. 043695 and No. 043696 was issued.

The parties estimate the land plots indicated in the present subparagraph and the residential building with the surplus buildings in 350,000 (three hundred fifty thousand) rubles.

1.2. Krotova Elena V. Krotova to the property to Smirnov Valery Sergeevich's apartment located at the address: Leningrad region, Vsevolozhsky district, Vaskelovo village, Tikhaya Street, house number 12 (twelve), Apartment No. 19 (nineteen).

The apartment with a total area of \u200b\u200b67.6 (sixty-seven target six-tenths) sq.m is located on the fifth floor of a five-story large-passenger house, 1975 buildings, and consists of three rooms, kitchen, bathroom, toilet, hallway, storeroom and balcony. Cadastral apartment number 47: 07: 0202028: 358.

The above-mentioned apartment belongs to Mole Elena Viktorovna on the basis of a certificate of inheritance according to the law of January 12, 2000 (Blank 78AE No. 620497) issued by the Notary of St. Petersburg Brikaya S.P., according to the registry N-36. The ownership of the apartment is registered by the Toks territorial departments of the Leningrad Regional Registration Chamber, which is recorded a record of registration in a single state register of rights to immovable property and transactions with it of February 14, 2000 No. 47-01 / 38-1 / 2000-379-1 and The certificate of state registration of the right of February 14, 2000 series LO 005 No. 047335 was issued.

The parties estimate the apartment specified in the present subparagraph at 300,000 (three hundred thousand) rubles.

2. By agreement of the parties, Mena is made with a surcharge of the amount of 50,000 (fifty thousand) rubles, which Krotov Elena Viktorovna pays Smirnov Valery Sergeevich.
Parties confirm that they are not mistaken with respect to the assessment of real estate, which is the subject of this Agreement.

3. As a result of this exchange to the ownership of Smirnov, Valery Sergeevich rides the apartment located at: Leningrad region, Vsevolozhsky district, Vaskelovo village, Tikhaya Street, house number 12, Apartment number 19, and in the property of mole Elena Viktorovna, land and residential building With supervised buildings, located at the address: Leningrad region, Vsevolozhsky district, Vaskelovo village, Green Street, house number 12.*

4. Before doing this contract, the exchangeful property is not sold to anyone, not presented, not laid, is not burdened with the rights of third parties, in dispute and under prohibition (arrest) is not.
Parties confirm the lack of claims of third parties to the property alienated.

5. The calculation by the parties was fully made before signing this Agreement.

6. Transfer and adoption by the Parties of the relevant real estate at the time of signing this Agreement implemented. The sides of the claims do not have any complaints. This Agreement is simultaneously a gear utility.

7. Parties undertake for thirty days from the date of the signing of this Agreement to submit to the Office of the Federal State Registration Service, Cadastre and Cartography on the Leningrad Region (hereinafter referred to as the registration authority) of the state registration of the transfer of ownership of exchange property.
The ownership of each side to the property purchased by it arises from the moment of state registration of the right.

8. The contract comes into force from the date of its signing by the parties.

9. This Agreement was drawn up in three genuine copies, the first of which remains in the case of registration authority, and the second and the third are issued after the state registration of ownership of the parties to Smirnov Valery Sergeevich and Krotovna Elena Viktorovna.

in the face acting on the basis of hereinafter referred to I participant", On the one hand, and in the face acting on the basis, hereinafter referred to as" II participant", On the other hand, hereinafter referred to as" Parties", Entered into this Agreement, in the future" contract ", as follows:

1. THE SUBJECT OF THE AGREEMENT

1.1. I participant undertakes to convey in the procedure of exchange II participant :;

• unit ;
• number of units ;

1.2. II participant undertakes to convey in the procedure of exchange I participant :;

• unit ;
• number of units ;
• warranty period of operation (storage, fitness).

1.3. The parties acquire ownership of the goods specified in paragraph 1.1 and paragraph 1.2 of the goods after mutual transfer of goods.

2. Evaluation of the cost of goods

2.1. The total cost of goods I participant rubles.

2.2. The total cost of goods II participant rubles.

2.3. Evaluation of each product separately is defined in Appendix No..

3. Terms of delivery of goods I participant

3.1. The goods are shipped days from the date of conclusion of the contract.

3.2. The shipment of goods is produced.

3.3. The goods are supplied in a container and packaging, complying with standards, specifications.

4. Terms of delivery of goods II participant

4.1. The goods are shipped days from the date of conclusion of the contract.

4.2. The shipment of goods is produced.

4.3. The goods are supplied in a container and packaging, complying with standards, specifications.

5. Responsibility of Party

5.1. For violation of the timing of property transfer, the guilty side reimburses the other Party direct losses in full and pays a fine of rubles.

5.2. For incomplete transfer of property, the guilty side pays the other party a penalty in the amount of the value of non-edged property for each day of delay.

5.3. For the transfer of property that does not correspond to the quality of the contract, as well as the transfer of noncomplete property, the guilty side pays a fine of rubles.

6. Additional conditions

6.1. Additional conditions under this Agreement :.

6.2. In the rest, not provided for by this Agreement, the parties are guided by the current civil law of Russia, regulating the supply of goods.

7. Final conditions

7.1. All changes, additions to this Agreement are valid only if they are decorated in writing and signed by both parties.

7.2. Headers of articles are intended for the convenience of using the text and will not be taken into account when interpreting this Agreement.

7.3. This Agreement expresses all contractual conditions and understanding between the parties regarding all issues mentioned here, with all previous discussions, promises, representation between the parties, if any, lose force and are replaced by the above text.

7.4. This Agreement is drawn up in copies of the same legal force.

7.5. The signed agreement is increasing from the "" year to the "" year.

8. Legal addresses and bank details of the parties

I participant

• Legal address:
• Mailing address:
• Phone fax:
• INN / CAT:
• Checking account:
• Bank:
• Correspondent account:
• Beach:
• Signature:

II participant

• Legal address:
• Mailing address:
• Phone fax:
• INN / CAT:
• Checking account:
• Bank:
• Correspondent account:
• Beach:
• Signature:

Number of downloads: 141

Approximate contract
Exchanges between legal entities

date and place of signing

Hereinafter referred to as the "first side", in the face ___ (Charter, Provisions)___, on the one hand, and ___ (organizational and legal form, legal entity name)___, hereinafter referred to as the "second side", in the face of ___ (position, surname, name, patronymic)___, acting on the basis ___ (Charter, Provisions)___, on the other hand, have concluded this Agreement on the following:

1. Subject and general terms of contract

1.1. In accordance with this Agreement, each Party undertakes to transfer one product to the other party in exchange for another.

1.2. Name, assortment, quantity, quality and other characteristics of the product to be transmitted by the first party are determined by the N 1 specification subscribed by both parties and is an integral part of this Agreement.

1.3. Name, assortment, quantity, quality and other characteristics of the goods to be transmitted by the second party are determined by the N 2 specification subscribed by both parties and is an integral part of this Agreement.

1.4. Ownership of the Exchanged Goods under this Agreement to the party hosting, goes from the moment this product is transferred.

1.5. The general provisions on the sale and sale provisions are applied to this Agreement (Ch. 30 Civil Code of the Russian Federation). At the same time, each of the parties is recognized by the seller of the goods, which it undertakes to convey, and the buyer of the goods, which she undertakes to accept in exchange.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The first party no later than ____ calendar days from the date of signing this Agreement undertakes to submit to the second side of the goods according to the N 1 specification at the place of its location in the first side of the first party.
.

2.2. The second side no later than ____ calendar days from the moment of signing this Agreement delivers the goods according to the N 2 specification to the first party warehouse located at: ____________________.

2.3. The transfer of goods is made by the parties to acts of acceptance and transmission, based on the results of the audit of goods by quantity and quality directly on the day of their transfer in the presence of representatives of the parties.

2.4. Goods subject to exchange are assumed to be equivalent, it is made without surcharge. All transmission costs and the adoption of goods are carried out in each case to that side that carries the relevant duties.

2.5. Calculations in cash between the parties under this Agreement are not produced.

2.6. To carry out accounting of operations under this Agreement, the cost of goods in accordance with the specification N 1 is: ______________ rubles, including VAT in the amount of ________________ rubles; The cost of goods in accordance with the specification N 2 ________________ rubles, including VAT in the amount of _________________ rub.

3. Responsibility of Party

3.1. For non-fulfillment or improper performance of its obligations under this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation.

3.2. In the case of the transfer of the goods inappropriate quality, each of the parties has the right to demand from the other side of a commensurate reduction in the purchase price, free elimination of the shortcomings of goods within a reasonable time, as well as compensation for their expenditures to eliminate the deficiencies of the goods.

3.3. The party that made a delay in fulfilling the obligation to transfer the goods, pays the other party to this contract a penalty in the amount of _______% of the cost of goods to be transmitted, for each day of delay.

4. Other terms of contract

4.1. This Agreement comes into force from the moment of signing by both parties and is valid until the parties fulfill their obligations.

4.2. This Agreement is concluded in two copies with equal legal force, one for each of the parties.

4.3. All questions not settled by this Agreement are permitted in accordance with the current legislation of the Russian Federation.

4.4. All disputes arising in connection with the execution of this Agreement are permitted in court in accordance with the current legislation of the Russian Federation.

4.5. All changes and additions to this Agreement come into force from the moment of signing by both parties.

If the two sides of the transaction decided to exchange their apartments, they constitute a change agreement. A sample of this document, detailed instructions for its compilation, as well as the order of registration in government bodies - all this is considered in detail in the material below.

This type of transaction, as the exchange of one property on the other, is provided for by civil law. Moreover, the Civil Code states that the same norms are applied to the exchange as the purchase and sale. Therefore, it is believed that in this transaction each party simultaneously acts as a buyer and the seller.

In the sense of the article, every citizen has the right to share its property on any other objects, i.e. The owner has the right to change the apartment on:

• another apartment;
• private house, including country;
• dacha and other types of real estate.

You can also make Menu Apartments per car, other valuable property objects.

In practice, you can meet the concept of "Mena" and "Exchange" of apartments. In the first case, it is assumed that the transaction occurs between the owners of the property, which have the right to dispose by any ways. If they talk about the exchange, they mean a deal with municipal apartments, which belong to the state (tenants live as employers under a social employment contract). However, often the words are used both in that and in a different sense, which is not a brute error.

The exchange procedure is regulated not only by civil, but also housing legislation. For such an operation, it is necessary to obtain consent both by the state body (usually this is the local administration) and all the rest of those living.

Thus, the exchange is the private type of real estate purchase and sale transaction. For its implementation, the same documents are needed as in the usual case. But first of all, the parties should accurately determine the cost of both real estate objects:

• if the price is the same, the exchange is equivalent;
• if prices differ, exchanges with a surcharge in the form of cash (or credit money, subsidies from the state, etc.).

Sample and instructions for compiling

There is no single sample of this document, so the parties can download any form, adapt the text under their case and print the document by signing it. In the title of the contract, you can immediately reflect the type of exchange - equivalent or with a surcharge. These documents will differ only in one point associated with the procedure for transferring funds as an extra charge.

Phoe Parts, subject of the contract

The essential conditions of such a transaction is a description of its parties (name, passport data), as well as the characteristics of the object (address, documents confirming the right of ownership).

Each of the apartment owners is called "Party" because it simultaneously acts as a seller, and the buyer. In the subject it is necessary to register in detail that each side undertakes to betray the object of real estate to the other side. Also refer to the documents according to which citizens own this property (certificate of ownership).

Description of the cost of apartments and the procedure for calculations

The parties must reflect the cost of their apartments (even if an equilibrium exchange is performed). If the assessment is disputes, you can use the services of private companies. In the case of unequal exchange, the amount of difference is prescribed, as well as the order of surcharge: who, who and how (in cash, by bank transfer, at what point) paysreate. In the same item, it can be indicated that the parties share in half all the costs that are associated with the design of documents and the registration of the transaction.

Obligations and responsibility of the parties

A separate item can be prescribed that it should be the result of the transaction, i.e. What commitments are taken by the owner in front of each other:

• transfer real estate objects;
• a guarantee that objects are not burdened by a deposit, claims of third parties;
• there are no defects in the premises, they are suitable for living.

In the final part, they prescribe the need to compose an apartment, the order of a possible termination. At the end, they prescribe their names, passport data, put signs with decoding (surname, initials).

Step-by-step an exchange instructions

Any real estate operation is associated with potential risks (concrete documents, flaws of the apartment, evasion from fulfilling obligations under the contract, etc.). Therefore, the exchange is better to carry out familiar people or. If there is no such possibility, you need to show special care when making a transaction, if necessary, use the services of a notary or a professional lawyer.

Step 1. Collect the necessary documents

Owners must bring the same set of documents (the minimum required list is indicated):

• passports;
• documents on the apartment;
• mena Treaty.

Step 2. Registration of the contract

Distributed issues related to whether it is necessary to register the contract of exchange. At the same time, there is an opinion that only the contract of sale is subject to registration. Such a point of view is erroneous: any real estate acquisition agreement (for money, as a result of donation, in will, etc.) is subject to mandatory state registration. On the day of registration of the transaction, both parties personally or through representatives acting on a notarized power of attorney come together with the documents described in the Rosreestra department or.

After applying and payment of state duty (2000 rubles), it is necessary to expect within 5-10 business days. The documents will then be prepared: both owners are issued redeemed certificates of ownership of previous objects and new apartments (this document is currently completely replaced by a certificate of ownership, which is no longer issued).

Step 3. Payment of NDFL Tax

Since the legislation perceives the exchange of apartments as a sale transaction, it is believed that, together with the new property, the owner receives income and income. This income is subject to NDFL tax, which is 13% of the amount exceeding 1 million rubles. For example, a new apartment costs 4 million rubles, then the owner should pay 13% of 3 million, i.e. 390 thousand rubles.

The period of payment of tax is no later than July 15. At the same time, it is necessary to submit a declaration that is issued in the form of 3-NDFL (until April 30). In both cases, we are talking about the year, which follows the year of exchange. For example, a deal occurred on December 27, 2017. Then the tax must be paid until July 30, 2018.